Judgment AMARESH KU. SINGH, J. ( 1 ) HEARD the learned Public Prosecutor and the learned counsel for the appellants. ( 2 ) SINCE all the four appeals arise from the same judgment, it is just and proper that these appeals should be decided by one judgment. ( 3 ) IN Sessions Case No. 34/78, State v. Azad, appellants Raju alias Rajkumar and Azad alias Lalit were tried on charges under Sections 120-B, 302, 302 read with 34, 457 and 380, I. P. C. Another accused Narendra Kumar was tried on charge under Section 120-B, I. P. C. After trial Narendra Kumar was acquitted of the charge under Section 120-B, I. P. C. The appellants were also acquitted of the charge under Section 120-B and 457, I. P. C. , but both of them were convicted under Section 302, 454 and 380, I. P. C. Both of them were sentenced to imprisonment for life, and a fine of Rs. 1000/- and rigorous imprisonment for two months for default in payment of fine for the offence under Section 302, I. P. C. , rigorous imprisonment for two years and a fine of Rs. 1000/- and further rigorous imprisonment for one month for default in payment of fine for the offence under Section 454, I. P. C. and rigorous imprisonment for two years and a fine of Rs. 1000/- and further rigorous imprisonment for one month for default in payment of fine for the offence under Section 380, I. P. C. Feeling aggrieved by the conviction as well as sentence, the appellants Azad alias Lalit and Raju alias Rajkumar have filed these appeals. The learned District and Sessions Judge further directed that articles 1 to 5 be returned to Prabhulal, who is appellant in D. B. Criminal Appeal No. 393/79, but directed that other articles be forfeited. Feeling aggrieved by the forfeiture of articles other than the articles 1 to 5 Prabhulal has also filed the appeal. ( 4 ) THE facts of the case may be briefly summarised as below :- ( 5 ) DECEASED Smt. Badami Bai was the mother of Prabhulal P. W. 1 and Bherulal P. W. 7. She lived alone in a house at Nathdwara. Prabhulal P. W. 1 was employed at Udaipur and Bherulal P. W. 7 was working at Aakola. ( 4 ) THE facts of the case may be briefly summarised as below :- ( 5 ) DECEASED Smt. Badami Bai was the mother of Prabhulal P. W. 1 and Bherulal P. W. 7. She lived alone in a house at Nathdwara. Prabhulal P. W. 1 was employed at Udaipur and Bherulal P. W. 7 was working at Aakola. On 2nd March, 1978 Prabhulal P. W. 1 and Bherulal P. W. 7 received telephonic information to the effect that the condition of their mother was serious. On receiving the aforesaid information, Prabhulal P. W. 1 went to Nathdwara with the members of his family. He reached there on 2nd March, 1978 at 2. 30 p. m. On reaching the house of his mother, he saw that many persons were standing there. He entered the house and found that in a room situated on the southern corner, his mother Smt. Badami Bai was lying in dead condition. On the same day at 3. 30 p. m. Prabhulal P. W. 1 submitted the First Information Report Ex. P/1 at Police Station Nathdwara in which he has stated that his mother lived in house No. 40 situated in Mahavir Pura, Nathdwara and that he had been informed by Ranglal on telephone that his mothers condition was serious, therefore, he had reached Nathdwara with the members of his family and on reaching the house, he found several persons including Dalchand Soni, Fetehlal and Shobagmal standing there and on entering the house, he found that the dead body of his mother Smt. Badami Bai was lying. He tried to trace out the key of other rooms, but the key was not traceable. Therefore, he called a black-smith and got the lock opened and found that the goods in the house had been dislocated and it appeared that some thieves had entered his house and after killing his mother took-away the ornaments and cash. The list of articles which had been stolen from the house was not submitted with the First Information Report Ex. P/1. ( 6 ) ON the basis of the First Information Report Ex. P/1, the police registered a case under Section 302, I. P. C. and commenced investigation. Jabar Singh P. W. 27, who was posted as Second Officer at Police Station, Nathdwara went to the scene of occurrence. He was given list Ex. P/1. ( 6 ) ON the basis of the First Information Report Ex. P/1, the police registered a case under Section 302, I. P. C. and commenced investigation. Jabar Singh P. W. 27, who was posted as Second Officer at Police Station, Nathdwara went to the scene of occurrence. He was given list Ex. P/2 of the items which had been stolen from the house. He prepared inspection Note Ex. P/3, Panchayatnama of the dead body Ex. P/4 and site plan Ex. P/5. He seized the bedding. Accused-appellant Azad alias Lalit was arrested on 7th March, 1978. Accused-appellant Raju alias Rajkumar was arrested on 8th March, 1978. Narendra Kumar was arrested on 20th March, 1978. ( 7 ) IT is alleged that on 8th March, 1978 accused Azad alias Lalit gave information to Sangram Singh, Station House Officer about currency notes of the value of Rs. 294/- and ornaments of gold and silver. That information was recorded on Ex. P/20 and in consequence of that information, currency notes and ornaments were recovered by the Police. On 12th March, 1978 Azad alias Lalit gave information about golden chain and currency notes worth Rupees 140/ -. The information was recorded on Ex. P/24 and in consequence of that information, the golden chain and currency notes were recovered from one Vimla. Raju alias Rajkumar also gave information on 9th March, 1978 about ornaments, and a silver Katori. That information was recorded on Ex. P/21 and in consequence of that information a silver Katori, Payal, Paijeb and some coins were recovered by the Police. Some other items were also got recovered by Raju from his house. He further gave information about a pair of shoes and a rope. That information was recorded on Ex. P/22 and these articles were recovered from Baawri. The articles recovered by the police during investigation were identified by the prosecution witnesses, namely, Prabhulal, Bherulal, Smt. Kamla and Smt. Pushpa. They told that these articles belong to Smt. Badami Bai. The Post-Mortem Examination of Smt. Badami Bai revealed that she has died on account of strangulation. After completing investigation, the police submitted the challan in the Court of learned Munsif and Judicial Magistrate, Nathdwara, who committed the case of the Court of learned District and Sessions Judge, Udaipur for trial. ( 8 ) ACCUSED Raju alias Rajkumar and Azad alias Lalit were charged under Ss. After completing investigation, the police submitted the challan in the Court of learned Munsif and Judicial Magistrate, Nathdwara, who committed the case of the Court of learned District and Sessions Judge, Udaipur for trial. ( 8 ) ACCUSED Raju alias Rajkumar and Azad alias Lalit were charged under Ss. 120-B, 302, 302 read with Ss. 34, 457 and 380, I. P. C. Narendra Kumar was charged under S. 120-B, I. P. C. The accused persons pleaded not guilty to the charges framed against them. ( 9 ) DURING trial, the prosecution examined 31 witnesses, namely, Prabhulal P. W. 1, Dalchand P. W. 2, Gopilal P. W. 3, Chogalal P. W. 4, Shobagmal P. W. 5, Sohanlal P. W. 6, Bherulal P. W. 7, Pushpa P. W. 8, Smt. Kamla P. W. 9, Govindlal P. W. 10, Narayanlal P. W. 11, Girijanand P. W. 12, Shankerlal P. W. 13, Gaje Singh P. W. 14, Bhuralal P. W. 15, Azad P. W. 16, Shantilal P. W. 17, Shankerlal P. W. 18, Jamnadas P. W. 19, Ambalal P. W. 20, Manshu Khan P. W. 21, Bherulal P. W. 22, Madanlal P. W. 23, Udai Singh P. W. 24, Dropdi Devi P. W. 25, Sangram Singh P. W. 26, Jabar Singh P. W. 27, Amritlal Shah P. W. 28, Santu Singh P. W. 29, Dr. Arun Kumar Mathur P. W. 30 and Vimla P. W. 31 in support of the prosecution case. ( 10 ) THE accused persons were examined under S. 313 of the Criminal Procedure Code. Ambalal D. W. 1 and Damodar D. W. 2 were examined in defence. ( 11 ) THE evidence in the case against the accused persons was of circumstantial nature, consisted of evidence to the effect that accused Raju alias Rajkumar and Azad alias Lalit had give information about certain recoveries to the police during investigation and in consequence of the information given by these accused, the police had recovered currency notes, ornaments, a silver Katori and some other articles and these articles were identified by the prosecution witnesses in identification proceedings conducted before a Judicial Magistrate and the witnesses who identified the articles, gave evidence to the effect that the articles belonged to Smt. Badami Bai. The prosecution also produced evidence to the effect that Smt. Badami Bai had died an unnatural death and that her death had been caused by strangulation and that on the date of occurrence she was living in her house. The accused persons denied having given any information about any article to the police and they also denied the recoveries of the incriminating articles. After taking into consideration the prosecution evidence and the evidence produced by the defence and hearing the arguments of both the parties, the learned District and Sessions Judge acquitted the accused Narendra Kumar of the charge under S. 120-B, I. P. C. Appellant Raju was Rajkumar and Azad alias Lalit were also acquitted of the charges under Ss. 120-B and 457, I. P. C. , but both of them were convicted under Ss. 302, 454 and 380, I. P. C. and sentenced to various terms as mentioned above. ( 12 ) THE learned counsel for Prabhulal has submitted that the order of the learned District and Sessions Judge regarding articles other than articles 1 to 5 is bad in law, because the articles belonged to Smt. Badami Bai and Prabhulal being his son is entitled to get them back after trial and these articles cannot be forfeited to the State. It is also submitted by him and if the learned District and Sessions Judge had any doubt as to whether the appellant was entitled to get them back, he could have directed the Judicial Magistrate to conduct an inquiry and pass appropriate orders. ( 13 ) LEARNED counsel for the appellants Raju alias Rajkumar and Azad alias Lalit has submitted that in this case there is no direct evidence to connect the appellants with the alleged crime and that the only evidence against them is that they gave informations under S. 27 of the Indian Evidence Act about certain articles and in consequence of their informations, certain articles had been recovered and those articles belong to Smt. Badami Bai and in the facts and circumstances of the case, the conviction of the appellants should not be upheld, because the evidence produced by the prosecution is un-reliable as well as insufficient and even if the alleged recoveries in pursuance of the informations given by the appellants are established, the circumstances of the case do not warrant conviction under Ss. 454, 380 and 302, I. P. C. and at best the appellants can be convicted under S. 411, I. P. C. It is, therefore, prayed by him that these appeals should be allowed and the appellant Raju alias Rajkumar and Azad alias Lalit should be acquitted of the charges under Ss. 302, 454, and 380, I. P. C. and in the event they are convicted under S. 411, I. P. C. , they should be sentenced to the imprisonment for the period they remained in custody during trial. ( 14 ) LEARNED Public Prosecutor has supported the judgment of the learned District and Sessions Judge and submitted that the evidence produced by the prosecution is reliable and it has been proved that these two appellants gave informations to the police which were duly recorded on memos exhibited during trial and in consequence of the informations given by these two appellants, recoveries of articles were made and these articles were incriminating in nature and in the facts and circumstances of the case, keeping in view that the two appellants have not given any explanation as to how they came in possession of the incriminating articles, the only inference which can be drawn is that they entered the house of the deceased with the common intention of committing theft and in order to faciliate theft, they developed the common intention of committing the murder of Smt. Badami Bai by strangulation and after killing her they removed ornaments, currency notes and other articles from her house, and therefore, their conviction under Ss. 302, 454 and 380, I. P. C. was justified and must be maintained. ( 15 ) WE have considered the rival arguments, the evidence produced by the parties, the statements of the accused recorded under Section 313, Cr. P. C. and the reasons given by the learned District and Sessions Judge, Udaipur for convicting the appellants. It is not disputed that Smt. Badami Bai died an unnatural death on account of strangulation. The Post-mortem Examination Report Ex. P/26 has been proved by Dr. Arun Kumar Mathur P. W. 30. At the time of post-mortem examination, blood was coming out of her nose and mouth and face was swollen. Tongue was between the teeth. It is not disputed that Smt. Badami Bai died an unnatural death on account of strangulation. The Post-mortem Examination Report Ex. P/26 has been proved by Dr. Arun Kumar Mathur P. W. 30. At the time of post-mortem examination, blood was coming out of her nose and mouth and face was swollen. Tongue was between the teeth. There were two marks, one 6" x 1/4" and the other 3" x 1/4" on the right side of the neck, larynx and trachea were congested and they were full of blood. There was faecal matter in intestines and undigested food in the stomach. Hyoid bone was fractured and in the opinion of the Dr. Arun Kumar P. W. 30 she had died on account of strangulation. We, therefore, have no doubt that Smt. Badami Bai died an unnatural death caused by strangulation. ( 16 ) IT has not been disputed that Smt. Badami Bai lived alone at Nathdwara. Her two sons with their families were living outside. This fact is fully established by the testimony of Prabhulal P. W. 1, Bherulal P. W. 7, Smt. Pushpa P. W. 8 and Smt. Kamla P. W. 9 and several residents of Nathdwara, who have testified to the fact that Smt. Badami Bai lived in her house at Nathdwara and her sons were living outside. It shows that at the time of her murder, Smt. Badami Bai was living alone in her house at Nathdwara. The findings given by the learned District and Sessions Judge in this behalf do not appear to be open to any doubt. ( 17 ) IT is not disputed that Prabhulal P. W. 1 and Bherulal P. W. 7, who were the sons of the deceased went to Nathdwara with their families after the occurrence of the incident. The learned Counsel for the appellants has not challenged this fact before us and rightly so, because there is ample evidence to prove this fact. ( 18 ) PRABHULAL P. W. 1 is the author of the First Information Report Ex. P/1. He has testified the fact that on the date of occurrence, he was working at Udaipur and on receiving telephonic information, he went to Nathdwara with his family. He saw several persons gathered in front of his house and one of them, namely Madhulal told him that his mother (Smt. Badami Bai) was lying inside the room. P/1. He has testified the fact that on the date of occurrence, he was working at Udaipur and on receiving telephonic information, he went to Nathdwara with his family. He saw several persons gathered in front of his house and one of them, namely Madhulal told him that his mother (Smt. Badami Bai) was lying inside the room. He, therefore, entered the house and on opening the door of the western room he found the dead body of his mother lying on the ground. Blood was coming out of her nose and at that time a ring and a chain, which his mother used to put on her body was not present on the dead body and the key of the house which she used to retain with herself was also not there. He has further stated that when he conducted a search for the key, he could not find it and then he got the lock opened and found that the household articles had been disturbed. He, then went to the Police Station and lodged the report Ex. P/1 and after returning from the Police Station, he attended to the household goods and prepared the list Ex. P/2 of the articles, which were missing. He has proved the list Ex. P/2 and admitted the signatures on Inspection Note Ex. P/3, Inquest Report Ex. P/4 and site plan Ex. P/5. Prabhulal P. W. 1 has further stated that the articles which were missing included a chain, a pair of silver Totia, a pair of Paijeb, one Satka, a bowl made of silver and added that the chain was made of gold. He has proved the signatures on Ex. P/7, which is the Identification Memo. He identified the articles 1 to 5 in the Court and added that he had identified these articles before the Magistrate also. In his cross-examination, he had added that in Ex. P/2 that Paijeb, Totia and Satka are not mentioned and that the chain was put on by his mother in the neck. His statement that the chain which he identified in Court, is the same, which his mother used to put, has not been shaken in the cross-examination. ( 19 ) BHERULAL P. W. 7 is the second son of the deceased. His statement that the chain which he identified in Court, is the same, which his mother used to put, has not been shaken in the cross-examination. ( 19 ) BHERULAL P. W. 7 is the second son of the deceased. He has stated that a "bor" of gold, 8 toppes, one chain of gold, seven rings, one satka of silver, a pair of paijeb, five pairs of silver tanka, some coins of silver and a bowl made of silver and a Dandi of silver had been stolen. He has also identified the articles 1 to 5 in Court and added that he had identified the articles before the Magistrate. ( 20 ) WE have gone through his cross-examination. There is nothing in his cross-examination to suggest that he has given a false statement. ( 21 ) SMT. Pushpa P. W. 8 wife of Prabhulal and Smt. Kamla P. W. 9 wife of Bherulal have also identified articles 1 to 5 in Court and added that they had identified these articles before the Magistrate. They have supported the statements of Prabhulal P. W. 1 and Bherulal P. W. 7. ( 22 ) WE do not find anything in the cross-examination of these articles to shake their credibility. ( 23 ) AMRITLAL Shah P. W. 28 is the Magistrate, before whom articles 1 to 5 had been identified by Prabhulal P. W. 1, Bherulal P. W. 7, Smt. Pushpa P. W. 8 and Smt. Kamla P. W. 9. He has proved the Identification Memo Ex. P/7. His evidence shows that the articles had been taken by him in sealed condition and that he had mixed similar articles with the articles, which were to be identified and that Totia, Golden chain, silver bowl and a pair of Paijeb had been correctly identified by Prabhulal, Bherulal, Smt. Kamla and Smt. Pushpa. The testimony of this witness is trustworthy and it proves that abovementioned witnesses had identified articles 1 to 5 in his presence during investigation proceedings. ( 24 ) THE learned Counsel for the appellants has drawn my attention to the statement of Smt. Vimla P. W. 31 and submitted that the golden chain, which has been identified by abovenamed witnesses and described as belonging to the deceased, in fact belong to Smt. Vimla P. W. 31 and had been recovered from her by the police. ( 24 ) THE learned Counsel for the appellants has drawn my attention to the statement of Smt. Vimla P. W. 31 and submitted that the golden chain, which has been identified by abovenamed witnesses and described as belonging to the deceased, in fact belong to Smt. Vimla P. W. 31 and had been recovered from her by the police. We have carefully gone through the statement of Smt. Vimla P. W. 31. She has stated that the chain, which had been taken by the police from her belonged to her. The statement of Smt. Vimla P. W. 31 has been discarded by the learned District and Sessions Judge. Smt. Vimla P. W. 31 has been declared hostile. She has denied the statement contained in Ex. P/27 which was recorded by the police under Section 161, Cr. P. C. In our opinion, the statement of Smt. Vimla P. W. 31 is unreliable and she is trying to save the appellant Azad alias Lalit for the reasons best known to her. In any case, we do not find any justification for placing reliance on her statement and we, therefore, discard the submission made by the learned Counsel for the appellants. ( 25 ) SINCE, articles 1 to 5 have been correctly identified by Prabhulal P. W. 1, Bherulal P. W. 7, Smt. Pushpa P. W. 8 and Smt. Kamla P. W. 9 and according to the testimony of abovenamed witnesses, these articles were in possession of the deceased Smt. Badami Bai and after her death when Prabhulal and Bherulal attended to the household goods, they found these articles missing. We, therefore, hold that the prosecution evidence proves it beyond reasonable doubt that articles 1 to 5 are the same, which belonged to Smt. Badami Bai and were in her possession at the time of her death and that they had been removed from her house. We, therefore, hold that the prosecution evidence proves it beyond reasonable doubt that articles 1 to 5 are the same, which belonged to Smt. Badami Bai and were in her possession at the time of her death and that they had been removed from her house. ( 26 ) IN order to connect the appellants Azad alias Lalit and Raju alias Rajkumar, the prosecution has tried to prove that the articles 1 to 5 had been recovered by the Investigating Officer in consequence of the information given by Azad alias Lalit and Raju alias Rajkumar, and therefore, these two persons must be deemed to have possessed articles 1 to 5, about which they gave information and on the basis of this evidence, the prosecution has tried to prove that the murder of Smt. Badami Bai had been committed by Azad alias Lalit and Raju alias Rajkumar. ( 27 ) THE prosecution witnesses, who have been produced to prove the alleged recoveries, are the two Investigating Officers and the witnesses in whose presence, the recoveries have been made. Sangram Singh P. W. 26 has proved that he had arrested the accused Azad alias Lalit as well as Raju alias Rajkumar on 7th and 8th March, 1978 respectively. Sangram Singh P. W. 26 has added that on 8th March, 1978 at 8 a. m. Azad alias Lalit gave him information about currency notes of the value of Rs. 294/-, three rings, five small murties, some pieces of topa, halre of silver, one satka, one Totia, 6 bag Bitia, one golden rakhri, ghungharia of silver, 2 lachias, 7 pieces of stones (naginas), and had told that he had hidden the ornaments and gold in a "potli" made of cloth and that the Potli had been hidden in the water tank, which was placed on the latrine. Sangram Singh P. W. 26 has proved Ex. P/20, on which the information given by Azad alias Lalit was entered. He has also testified Ex. P/20 which was signed by the accused and further testified that in presence of Govind Lal and Vithal Das, the accused took him to the place and himself produced the Potli from which the ornaments and coins were recovered and the Recovery Memo Ex. P/8 had been prepared. ( 28 ) GOVIND Lal P. W. 10 has proved his signatures on Ex. P/8 had been prepared. ( 28 ) GOVIND Lal P. W. 10 has proved his signatures on Ex. P/8 and stated that in his presence currency notes had been recovered and that the articles which had been recovered had been entered in the list. In his cross-examination, he has added that from the water tank placed on latrine, articles had been recovered. In our opinion, the evidence of Govind Lal P. W. 10 supports the statement of Sangram Singh P. W. 26 and it must be held that the articles mentioned in Ex. P/8 had been recovered by Sangram Singh P. W. 26 in pursuance of the information given by the accused Azad alias Lalit and the information given by Azad alias Lalit is contained in Ex. P/20 and it is admissible under Section 27 of the Indian Evidence Act. ( 29 ) SANGRAM Singh P. W. 26 has further added that accused Raju alias Rajkumar gave him information on 9th March, 1978 at 11 a. m. about coins, a bowl, and a Paijeb and stated that he had hidden these articles behind the photographs of Lord Shanker and Radhakrishna in the Barber shop and the information given by Raju alias Rajkumar was recorded on Ex. P/21 and in presence of the witnesses Narayanlal and Shankerlal, the accused took him to the Barber shop, from where the articles were produced by the accused in accordance with the information given by him and the recovery memo Ex. P/10 of those articles had been prepared. ( 30 ) NARAYANLAL P. W. 11 has supported the statement of Sangram Singh P. W. 26 and proved his signatures on Ex. P/9, Ex. P/10 and Ex. P/11. ( 31 ) WE, therefore, hold that Raju alias Rajkumar gave information, which was recorded on Ex. P/22 and the accused produced the articles mentioned in Ex. /p9 and Ex. /p10 in accordance with the information given by him. Sangram Singh P. W. 26 has further added that on 16th March, 1978 accused Azad alias Lalit gave information about a pair of shoes and the rope and that information was recorded on Ex. P/22 and the accused got recovered a pair of shoes and the rope and Ex. P/12 was prepared. It is also stated by Sangram Singh P. W. 26 that on 14th March, 1978 Azad alias Lalit gave information about rope, which was recorded on Ex. P/22 and the accused got recovered a pair of shoes and the rope and Ex. P/12 was prepared. It is also stated by Sangram Singh P. W. 26 that on 14th March, 1978 Azad alias Lalit gave information about rope, which was recorded on Ex. P/23, but the rope could not be recovered. ( 32 ) JABAR Singh P. W. 27 is another Investigating Officer, who has deposed that on 12th March, 1978 Azad alias Lalit gave information about a golden chain and that information was recorded on Ex. P/24 and in accordance with his information, Azad alias Lalit Kumar got recovered a golden chain from Smt. Vimla and currency notes of Rs. 140/- were also recovered and recovery memo Ex. P/13 had been prepared. It is also stated by Jabar Singh P. W. 27 that on 13-7-78 accused Raju alias Rajkumar gave information about bagriya, mekhs of bagria, purse, pieces of seal, and that statement was recorded on Ex. P/11 on 21st March, 1978. He gave information about two spectacles, one keela of iron, a torch and that information was written on Ex. P/25 and in pursuance of that information recovery was made and recovery memo Ex. P/14 had been prepared. ( 33 ) WE have gone through the cross-examination of Jabar Singh P. W. 27. We do not find any reason to discard his evidence. ( 34 ) IN this case, the articles which have been proved to be the property of late Smt. Badami Bai and were found missing soon after her death are articles 1 to 5, which had been identified by Prabhulal P. W. 1, Bherulal P. W. 7, Smt. Pushpa P. W. 8 and Smt. Kamla P. W. 9 in the identification proceedings conducted before Amritlal P. W. 28, who prepared the Identification Memo Ex. P/7. The golden chain was admittedly recovered from the possession of Smt. Vimla P. W. 31 in consequence of the information given by the accused Azad alias Lalit. Smt. Vimla P. W. 31 had admitted the recovery of golden chain from her, and therefore, the fact that golden chain had been recovered from Smt. Vimla P. W. 31 is not open (to) any doubt or dispute. Smt. Vimla P. W. 31 had admitted the recovery of golden chain from her, and therefore, the fact that golden chain had been recovered from Smt. Vimla P. W. 31 is not open (to) any doubt or dispute. So far as currency notes and articles other than the articles 1 to 5 are concerned, in our opinion there is no sufficient evidence to show that these articles belonged to Smt. Badami Bai. We do not want to express any further opinion about them. ( 35 ) FOR the reasons mentioned above, we hold that the prosecution has fully established that the articles 1 to 5 had been recovered by the Police Officer during investigation in pursuance of the informations given by the accused Azad alias Lalit and Raju alias Rajkumar as mentioned above. Both the accused persons are, therefore, proved to be associated with articles 1 to 5. ( 36 ) THE explanation given by Smt. Vimla P. W. 31 about the golden chain, which has been recovered from her, is completely unreliable and in our opinion her statement made in Court is false. We, therefore, come to the conclusion that golden chain, which has been recovered from Smt. Vimla P. W. 31, had been given to her by accused Azad alias Lalit and it was recovered from Smt. Vimla P. W. 31, had been given to her by accused Azad alias Lalit and it was recovered in consequence of the information given by Azad alias Lalit. Accused Raju alias Rajkumar and Azad alias Lalit have not given any satisfactory explanation as to how they came in possession of the articles 1 to 5 or how they got information about these articles. Having regard to all the facts and circumstances of the case, the only inference, which can be drawn is that these two accused persons committed criminal trespass in the house of Smt. Badami Bai with the intention of committing theft in her house and that in furtherance of the common intention, Smt. Badami Bai was murdered by strangulation. No other hypothesis is probable in the facts and circumstances of the case and had accused persons given any explanation how they came in possession of the articles 1 to 5, probably the matter would have been different. Because, in that event, the explanation given by the accused persons regarding articles 1 to 5 would have been considered on merits. No other hypothesis is probable in the facts and circumstances of the case and had accused persons given any explanation how they came in possession of the articles 1 to 5, probably the matter would have been different. Because, in that event, the explanation given by the accused persons regarding articles 1 to 5 would have been considered on merits. Since, the accused persons have not given any explanation about the articles 1 to 5, in our opinion, it must be held that accused Raju alias Rajkumar and Azad alias Lalit have committed the offence punishable under Section 454, 380 and 302 read with 34, I. P. C. ( 37 ) IN view of the aforesaid reasons, we do not find and force in the appeals filed by Raju alias Rajkumar and Azad alias Lalit. Consequently, D. B. Criminal Appeal No. 281/79 filed by Azad alias Lalit, D. B. Criminal Jail Appeal No. 321/79 filed by Raju alias Rajkumar, D. B. Criminal Appeal No. 322/79 filed by Raju alias Rajkumar deserve to be dismissed and are hereby dismissed. The conviction and sentence awarded by the learned District and Sessions Judge by the judgment dated 10th May, 1979 is hereby maintained. ( 38 ) D. B. Criminal Appeal No. 393/79 filed by Prabhulal P. W. 1 is partly allowed and it is hereby directed that the learned Chief Judicial Magistrate, Udaipur shall after conducting inquiry pass appropriate orders for disposal of articles other than the articles 1 to 5, according to law. ( 39 ) AZAD alias Lalit and Raju alias Rajkumar are on bail. Their bail bonds are hereby cancelled. They are hereby directed to surrender before the learned District and Sessions Judge, Udaipur. If they fail to comply with this direction within 15 days, the learned District and Sessions Judge shall issue a non-bailable warrants to compel their appearance and after their arrest/appearance, as the case may be, commit them to Jail so that they may serve out the sentences awarded to them. Order accordingly.