BUDH RAM v. STATE OF H. P. — 1998 DIGILAW 122 (HP)

JUDGMENT A.L. Vaidya, J.—This is a jail appeal preferred by convict Budh Ram assailing his conviction under Sections 302/342, IPC and sentences imparted ( thereupon vide judgment dated 31.12.1997 passed by Sessions Judge, Kinnaur Sessions Division at Rampur Bushahar. 2. The Trial Court, after convicting the present appellant under the aforesaid provisions, sentenced him to undergo life imprisonment and to pay a fine of Rs. 2,000/- under Section 302, IPC and in the event of default in payment of fine, the appellant was ordered to undergo imprisonment for an additional term of one year, under Section 342, IPC, the appellant was sentenced to undergo rigorous imprisonment for a term of six months and both the sentences awarded were ordered to run concurrently. 3. The prosecution case, as put up against the appellant, had been that on 10.11.1994, in the early hours of the morning, Hira Singh, PW-5 lodged a report at Police Post, Jeori, which was Ex. PW-4/A on record. It was reported by Hira Singh complainant that he was employed as Beldar in Nathpa Jhakri Power Corporation, Kotla, Police Station, Jhakri and he was in occupation of a residential quarter on the first floor of the building at Kotla provided to him by this employer. Actually, according to the complainant, he was the permanent resident of Chalari, illaqua 15/20, Teh Rampur Bushahar. According to him, on 9.11.1996, he along with his wife and minor son, was going to bazar Jeori for making some purchases and near the petrol pump, he met accused along with his wife Smt. Asha Devi and they were going towards Kotla village. On inquiry, accused informed the complainant that he was going to village Kotla for collecting his salary and there after at about 5 in the evening when the complainant was returning to his quarter, the accused Budh Ram with his wife again met near the office of the Nathpa Jhakri Joint Venture Project. It was also reported by the complainant that his wife and son proceeded ahead and thereafter, the accused and his wife also accompanied the complainant to his residential quarter where at night they had their meals. According to complainant, after taking the meals, he, his wife and his son slept on one cot and on the other cot, the accused and his wife slept. According to complainant, after taking the meals, he, his wife and his son slept on one cot and on the other cot, the accused and his wife slept. It was also reported that at about 3 a.m., the complainant was awakened by his wife, who told that the accused has taken his wife towards gallery, outside the sleeping room on the pretext of passing urine. It was also reported that, at that time, same hue and cry was raised by Asha Devi which was audible inside the room. Thereafter, according to complainant, he got up from his bed and tried to open the door of the sleeping room, which was found to have been bolted from outside. Thereafter, the complainant asked the accused to open the door but the accused refused to do so. The complainant further reported that he again asked the accused as to why the cries which were raised by Asha Devi, were no more audible, to which the accused replied that he had finished her and thereafter, complainant came out of the sleeping room after unbolting another door towards Balcony and came out of the house. It was also reported that the complainant, thereafter, bolted the other door from has outside and then rushed to the Police Post for lodging the report as the accused intentionally happened to kill his wife. This report was made at about 4.30. a.m. 4. After entering the report in the Daily Diary by Prem Singh, HC, PW-11, a copy of the same was sent to the S.H.O., Police Station, Jhakri and thereafter this PW-11 proceeded to the spot where he reached at about 5.45. a.m. This PW-11 Prem Singh HC found that the wife and son of the complainant were present inside the room besides the accused who was also sitting there. 5. On the basis of the Daily Dairy report, FIR was registered at 5.45 a.m. on 10.11.1996 by Mohinder Kumar, MHC, PW-2 and the investigation thereafter was taken up by Sub-Inspector Gurdhian Singh, PW-12. This Gurdhian Singh, Sub-Inspector reached the spot at 6.30 a.m. Inquest of the dead body was held and it was noticed that the dead body was lying on the floor of the gallery in a position that the legs were inside the WC (latrine). One sweater Ex. P-1, one Chunni Ex. P-2, one pair of V. Shape Chappal Ex. This Gurdhian Singh, Sub-Inspector reached the spot at 6.30 a.m. Inquest of the dead body was held and it was noticed that the dead body was lying on the floor of the gallery in a position that the legs were inside the WC (latrine). One sweater Ex. P-1, one Chunni Ex. P-2, one pair of V. Shape Chappal Ex. P-3 and one tumbler of steel Ex. P-4 were found lying near the deed body which were having stains of blood. All these articles were taken into possession vide memo. Ex. PA, PB, PC and PD respectively and the blood lying near the dead body was collected and put into a plastic container (Ex. P-5) before it was sealed. All the articles were sealed separately. The dead body was sent for post mortem to the Referral Hospital, Rampur. The accused, at the time of his arrest, was wearing a pyjama which was also having stains of blood and that pyjama Ex. P-6 was also seized vide memo. Ex. PE. 6. The post mortem on the dead body was conducted by Dr. P.R. Chauhan, PW-9 on 10.11.1996 at 4 p.m. at Referral Hospital, Rampur. As per opinion of the doctor, the probable time that elapsed between death and injury was instant and between death and post mortem 12 to 24 hours. The doctor opined that the deceased died due to asphyxia which was probably due to throtling. 7. After the recording of prosecution evidence, statement of the appellant under Section 313, Cr.P.C. was recorded by the trial Magistrate. The appellant admitted the incriminating circumstances appearing against him in the prosecution evidence. However, the accused did not examine any defence. 8. After the statement of the accused had been recorded by the trial Judge, an application under Section 329, Cr. P.C. was moved on behalf of the accused by the learned Defence Counsel, which application, was disposed of through a speaking order by the trial Judge on 28.10.1997. On 28.10.1997, before the final order on the application preferred under Section 329, Cr. P.C, the accused was examined by the Court. The application was, dis-allowed, and the Court observed that it did not appear to the Court that the applicant was insane and in such view of the matter, according to the trial Judge, there was no question of referring the accused for medical examination. P.C, the accused was examined by the Court. The application was, dis-allowed, and the Court observed that it did not appear to the Court that the applicant was insane and in such view of the matter, according to the trial Judge, there was no question of referring the accused for medical examination. The application was accordingly disposed of and, thereafter after hearing the learned Counsel for the parties, the trial was disposed of, as referred to earlier. 9. Mr. M.A. Khan, Advocate, was appointed as Counsel for the appellant to conduct this appeal under the H.P. State Legal Services Authority Regulations, 1996. 10. Learned Counsel for the parties have been heard and the record has been minutely scrutinised. 11. The main submission put forth on behalf of the appellant has been that learned Sessions Judge acted illegally in dis-allowing the prayer for medical examination made in the application preferred under Section 329, Cr. P.C., as by doing so, not only the defence, but the entire trial has been prejudiced. According to learned Counsel, the medical examination of the accused prayed for at that time, if conducted, would have met the ends of justice. It is not so simple a matter as has been contended on behalf of the appellant. 12. The statement of the accused under Section 313, Cr. P.C. was recorded on 6.9.1997. After that statement had been recorded by the Trial court, an application under Section 329, Cr. P.C. was preferred by the learned Counsel for the appellant. It was so done on 6.9.1997. The said application, for the sake of convenience, is being reproduced hereunder: "Application under Section 329, Cr. P.C. to examine the applicant/ accused by a surgeon before announcing the order/judgment. Respectfully Shebait, 1. That the above-noted case has been fixed for the statement of applicant/accused under Section 313, Cr. P.C. and the half of statements have been recorded before 1 p.m. 2. That it appears from the signs and gestures and statements being made by the applicant/accused is not in proper state of mind and whatever the applicant/accused has disclosed before his Counsel out of Court is stating adverse to that before the learned Court. 3. P.C. and the half of statements have been recorded before 1 p.m. 2. That it appears from the signs and gestures and statements being made by the applicant/accused is not in proper state of mind and whatever the applicant/accused has disclosed before his Counsel out of Court is stating adverse to that before the learned Court. 3. That it is essential to get the accused medically examined before pronouncing the order so that accused/applicant will not suffer for the wrongs committed during unsoundness of mind and the applicant was affected by unsoundness when applicant received the death shock of his wife. It is, therefore, prayed that the application may kindly be allowed in the interest of justice. Through Counsel Sd/- D.S. Thakur, Advocate." 13. This application was contested on behalf of the State. It has been referred in the reply that the statement under Section 313, Cr. P.C. of the accused had been recorded before the application was moved, as the copy of the application was handed over to the Prosecutor after the statement of the accused had been recorded. The allegation made in the application regarding the accused being of unsound mind has been denied. However, it has been averred that there was no sign of insanity during the course of trial with the accused, nor any such type of suggestion was ever put to the witnesses. It was also alleged that on examination of the accused under Section 313, Cr. P.C, it did not appear to the Court that the accused was unsound. According to State, accused had admitted those questions which were otherwise proved on record. 14. Section 329, Cr. P.C. deals with the procedure to be followed in case of person of unsound mind being tried before the Court. This Section runs as under: "329. P.C, it did not appear to the Court that the accused was unsound. According to State, accused had admitted those questions which were otherwise proved on record. 14. Section 329, Cr. P.C. deals with the procedure to be followed in case of person of unsound mind being tried before the Court. This Section runs as under: "329. Procedure in case of person of unsound mind tried before Court.— (1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate of Court, after considering such Medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. (2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the Magistrate or Court." The aforesaid provision of law contemplates two stages of the procedure. The first one is that it must appear to the Magistrate or the Court of Sessions, that the accused was of unsound mind and consequently, incapable of making defence. The second stage consists of an inquiry into the unsoundness of mind and incapacity of the accused. 15. Thus, before the Court exercises its jurisdiction in any manner, there must fc>e something in the demeanour of the accused who has been facing the trial before the Court, which would raise a doubt in the mind of the Court that he was of unsound mind and consequently incapable of making his defence. 16. So far as the present case is concerned, there is nothing on record to suggest even remotely that prior to the filing of the application under Section 329, Cr.P.C, the demeanour of the accused during the trial gave rise even to some suspicion about his state of mind, as was being projected in the application. This application, again, is silent that the accused suffered such a mental disease during the trial or even prior to that, which information could be supplied by the kith and kin of the accused. This application, again, is silent that the accused suffered such a mental disease during the trial or even prior to that, which information could be supplied by the kith and kin of the accused. The application has been preferred by the learned Counsel himself, drawing certain inferences regarding the state of mind of the accused. According to learned Counsel, the statement made by the accused under Section 313, Cr. P.C. was against the instructions issued to him by the accused. Well, that cannot be made the base to reflect the real state of mind of the accused. The accused could have instructed the Counsel that he had not committed the crime, but later on could admit his guilt at any stage of the proceedings, even at the time of making statement under Section 313, Cr. P.C. That circumstance alone, would not mean that the accused was not having a normal state of mind. 17. Moreover, in the present case, as pointed out above, before disposing of such types of petitions, the Trial Court, at first instance, has to satisfy itself that the accused was of unsound mind and consequently incapable of making defence, and this satisfaction must appear to be so to the Court of Sessions of Magistrate. In case the learned Sessions Judge was satisfied that it appeared to him that the accused was of unsound mind and consequently incapable of making defence, the second stage would automatically follow. In case the learned Sessions Judge w*as not at all satisfied and it never appeared to him that the accused was of unsound mind and consequently incapable of making his defence, the requirement of law never warranted the second stage to be complied with. This is a case of that nature. 18. The learned Sessions Judge, through a speaking order, has disposed of the application, after hearing the parties on 28.10,1997. It may be pointed out here that before this application was finally disposed of, the learned Sessions Judge, again, examined the accused in order to satisfy himself with respect to the state of mind of the accused existing at that particular time. The said statement of the accused, for the sake of convenience, is referred hereinbelow : "28.10.1997 Statement of accused Budh Ram, recorded under Section 329, Cr.P.C. Without oath Question: Why you have been brought to the Court today? The said statement of the accused, for the sake of convenience, is referred hereinbelow : "28.10.1997 Statement of accused Budh Ram, recorded under Section 329, Cr.P.C. Without oath Question: Why you have been brought to the Court today? Answer: I have been produced in the Court today in connection with a case under Section 302. Question: What day is today? Answer: It is Tuesday. Questions: Do you remember that you have made statement in this Court on 6.9.1997? Answer: It is correct. Question: Whether the statement made by you on that day was correctly made by you while being in healthy state of mind or not? Answer: The said statement was given by me after understanding the questions with clear thinking. Question: After your examination on that day, your counsel moved an application to this Court with a prayer that you be sent for medical examination because it appeared to him that your mental condition was not good when you were making the statement in the Court. What have you to say about it? Answer: My mental condition was sound on that day as well as it is also sound today. There is no need to get my medical examination conducted. On that day I made statement when I was quite sane and was not suffering from any mental or physical disablement. Question: Did you ask your advocate to move an application regarding your mental state on 6.9.1997? Answer: No, I have no such instructions to my counsel nor he told me that some sort of application is sought to be moved. My statement on that day was recorded when I was mentally perfect. Question: In the said application, it was also stated that after the death of your wife you were under depression and consequently you had lost the balance of your mind. What have you to say about it? Answer: I did suffer depression due to the death of my wife, however, I did not suffer loss of mental balance. I have one issue who is living in the house of my parents-in-law. I have been meeting my deceased wife in dreams. She did state in dreams that I should contact second marriage. Answer: I did suffer depression due to the death of my wife, however, I did not suffer loss of mental balance. I have one issue who is living in the house of my parents-in-law. I have been meeting my deceased wife in dreams. She did state in dreams that I should contact second marriage. The members of my family who meet me oftenly In the precinct of Jail have been telling me that after my release from Jail I may perform marriage with one Rukmani Devi, a resident of village Sharshaft. I used to meet Rukmani Devi during the course of my service. She used to speak with me in those days. She is studying in the school." 19. The learned Sessions Judge, while dis-allowing the prayer under Section 329, Cr. P.C. has passed an elaborate and detailed order. The relevant concluding paragraph runs as under : “.............Whilst keeping in view the ratio laid down by the Apex Court on the question raised by the learned defence counsel, I have examined the accused person in extenso. His statement has been that his wife was in latrine and thereafter he heard the ratting of Tuck Tuck". The witness further disclosed that when he tried to come out of the room so as to move towards gallery he found that the door has been bolted from outside and he asked the accused to unbolt the door, whereupon the accused refused to do so and replied that whatever was required to be done has been accomplished and that he had committed the murder of Asha Devi. This Hira Singh further added that thereafter, he came out of the sleeping room from the other exit door and told his wife and son that they should keep the room bolted from inside. The witness also stated that he climbed down through the down pipe and then bolted the entrance door to his residential quarter from outside, and he rushed to the Police Post at Jeori, where he reached at about 4.30 a.m. and lodged the report which was entered in the daily diary. He also stated that after lodging the report, police officials accompanied him to his residential quarter, which they reached at 5.30 a.m. and after reaching his house, he noticed that the accused was present in the living room. He also stated that after lodging the report, police officials accompanied him to his residential quarter, which they reached at 5.30 a.m. and after reaching his house, he noticed that the accused was present in the living room. The witness then asked the accused to open the door, but the accused retorted that first of all, the main door be opened and when the main door was opened, the accused attempted to get out, but he was taken inside by the police officials. 20. On the basis of the circumstances existing in the present case and as discussed above, we do not find the order of Sessions Judge, dis-allowing the prayer under Section 329, Cr. P.C., suffering from any illegality. In this view of the matter, neither the defence nor the trial has been prejudiced as has been submitted by the learned Counsel for the appellant. 21. The prosecution examined various witnesses in proving the guilt against the accused. PW-5 Hira Singh, who happened to be the cousin of the accused and Smt. Shiam Dassi PW-6, were very important witnesses who have connected the accused with the alleged occurrence. Hira Singh and his wife Shiam Dassi deposed that the accused and his wife met them during the day time on 9.11.1996, when they were proceeding towards Jeori and further that the accused and his wife came to the residential quarter of Hira Singh during the evening hours. This aspect of the statement of these two witnesses has not at all been disputed while cross-examining these witnesses. It has been stated by these witnesses that during the evening hours, Ram Dass PW-8, accompanied by his colleague, also came to their residential quarter. There is no suggestion given to these two witnesses on behalf of the accused that the accused did not accompany the deceased at the relevant time. It has been suggested to Hira Singh that the accused had slept when he was sitting with the other two persons, namely, Ram Dass PW-8 and his companion. This Ram Dass, PW-8 has deposed that he as well as his colleague, namely, Padam Nabh were asked by Hira Singh to visit his house on 9,11.1996 when they met Hira Singh at about 7.30. This Ram Dass, PW-8 has deposed that he as well as his colleague, namely, Padam Nabh were asked by Hira Singh to visit his house on 9,11.1996 when they met Hira Singh at about 7.30. p.m. and departed at about 8.10 p.m. This witness has very specifically stated that Hira Singh, his son and wife were present in the house together with the accused and his wife. Thus, from the testimony of Hira Singh PW-5, Shyam Dassi PW-6 and Ram Dass PW-8, it stood legally established that the accused was present together with his wife there in the house of complainant on the night intervening 9th and 10th November, 1996. There is no doubt that Hira Singh, PW-5 was put a suggestion that the deceased left his house after the departure of Ram Dass and his companion for the purpose of sleeping in the house of one Kamla Devi, as there were two cots available in the house of Hira Singh. The said suggestion may not be very much relevant in view of the fact that the dead body of the deceased was found lying in the residential quarter of Hira Singh. At this stage, the examination of the accused, in this particular behalf, can safely be referred, wherein he has admitted that he, when accompanied by his wife, was accosted by Hira Singh PW-5 and his wife Shyam Dassi PW-6 during the afternoon hours on 9.11.1996 in the area of village Kotla and that again during the evening hours, he accepted formal invitation to stay in the house of Hira Singh during the following night. The accused also admitted that he was staying in the residential quarter of Hira Singh when Ram Dass PW-8 and Padam Nabh also came there in response to invitation already given to them by Hira Singh. Accused also stated that Ram Dass PW-8 had liquor in the house of Hira Singh during the period of his stay in that house between 7 p.m. and 8.30 p.m. Thus, from the aforesaid evidence, it stood established beyond all reasonable doubt that the accused and the deceased went to stay in the house of the complainant during the relevant night. It has also come in the statements of Hira Singh and Shyam Dassi that the accused and his wife, after taking meals, slept on one cot and the complainant together with his wife and son slept on the other cot, inside the sleeping room. It may be pointed out here that no suggestion to the contrary has been put to the said witnesses. Otherwise, the accused has also admitted the said factum. 22. PW-6 Shyam Dassi has further disclosed that during the dead hours of night at 2.40 a.m., accused asked Asha Devi to go out with him and the accused took Asha Devi towards the galary and then bolted the door of gallery from outside. According to her, thereafter she awakened her husband and further added that her husband addressed the accused so as to open the door and also asked him as to what he was doing in the gallery. The accused replied that whatever had to happen, has taken place and the accused also stated that Asha Devi has been done to death. According to this Shyam Dassi, immediately thereafter her husband left for reporting the matter to the police and after sometime of the departure of her husband, she unbolted the door of the room, as desired by the accused, and after coming inside the room, the accused proclaimed as to what would happen to him. She also stated that when the accused came inside the room, pyjama which he was wearing at that time was having stains of blood. According to her, the accused sat near the heater in order to warm himself and when the police came to the spot along with Hira Singh, the accused was asked about the death of his wife, to which he replied that she had been killed. 23. PW-5 Hira Singh has also supported the aforesaid version by deposing that at about 2.40 a.m., his wife awakened him and told that accused had taken his wife to the open space (gallery) and that they have not returned. Hira Singh also disclosed that his wife also told him that she had heard some cries and thereafter he while sitting on the cot called out the name of the accused and asked him as to what was he doing outside with his wife. Hira Singh also disclosed that his wife also told him that she had heard some cries and thereafter he while sitting on the cot called out the name of the accused and asked him as to what was he doing outside with his wife. The witness added that the accused replied that his wife in latrine and thereafter he heard the rating of “Tuck Tuck “. The Witness further disclosed that when he tried to come out of the room so as to move towards gallery he found that the door has been the accused refused to do so and replied that whatever was required to be done has been accomplished and that he had committed the murder of Asha Devi. This Hira Singh Further added that thereafter, he came out of the sleeping room from the other exit door and told his wife and son that they should keep the room from the other exit door and told his wife and son that they should keep the room bolted from inside. 24. It may be referred here that there is nothing on record to suggest as to why these two witnesses, husband and wife, would depose against the accused. There is nothing on record to suggest even remotely the purpose of implicating the accused falsely by these two persons. The testimony of these two witnesses cannot be discarded at all. It has come in prosecution evidence that the complainant was having cordial relations with the accused and probably, on that count, the invitation of the complainant was accepted by the accused and his wife to stay with the complainant for the night. A suggestion has been put to Hira Singh that had the accused person intended to commit murder of his wife, he would have easily done to his residence and thereafter he would have escaped. Such a suggestion, in the context of the circumstances proved in this case, will not carry any weight to discard the evidence of Hira Singh and his wife, especially when there is nothing to discredit the version given by them, which otherwise stood legally corroborated through legally competent evidence. 25. At this point, the statement of accused recorded, again, can be referred. 25. At this point, the statement of accused recorded, again, can be referred. The accused admitted as correct that he did ask his wife to go out with him from sleeping room towards the area of lobby and bolted the door of the room from outside. He also admitted that after being awakened Hira Singh, while sitting on the cot, called out the name of the accused and asked as to what he was doing outside with his wife. The accused person again admitted as correct that the complainant found that the door of the sleeping room had been bolted from outside. In answer to question No. 20 put to the accused, he stated that in fact he unbolted the door and then uttered that whatever was required to be done, has been accomplished. The accused also admitted while giving answer to question No. 21 that he had committed the murder of Asha Devi. 26. From the aforesaid circumstances, it stood legally proved and also admitted on record by the accused that he made extra judicial confession before Hira Singh and his wife regarding his involvement in the murder of his wife. Not only that, he has admitted the other circumstances which have been proved on record by these two important witnesses discussed above. 27. The doctor who performed the post mortem opined that the deceased died due to asphyxia which was probably due to throtling. The doctor observed certain injuries on the person of the deceased which have been described in the post mortem report Ex. PR According to doctor, in view of the size and location of the injuries mentioned, the same could be caused by striking upper-edges of glass of steel Ex. P-4 shown to the doctor. The doctor also opined that since no medical attention was provided to the deceased, the said injuries were sufficient to cause death in the ordinary course of nature. The doctor stated that in case of throttling, signs of finger-ips do appear on the neck only when some resistance is offered by the victim but no marks of finger-tips were found on the neck of the deceased in this case. According to doctor, the duration of period in which the deceased would have turned unconscious cannot be specified and further that even if the deceased was a stout person, her death could be caused by throttling. According to doctor, the duration of period in which the deceased would have turned unconscious cannot be specified and further that even if the deceased was a stout person, her death could be caused by throttling. At this stage, it may be again pointed out that the factum of death of the deceased due to throttling has also been admitted by the accused in reply to question No. 43 put to him when examined under Section 313, Cr. P.C. It has been proved during the prosecution evidence that after reaching the spot, the police took into possession Sweater Ex. P-1, Chappals Ex. P-3 and Chunni Ex. P-2 of the deceased which were lying near her body. The accused also admitted this fact to be correct, except that Chunni Ex. P-2 did not belong to his wife. The steel glass Ex.P-4 was also taken into possession by the police which was lying at the spot and was stained with blood. This aspect has also not been disputed by the accused. The accused has also admitted that the police took into possession blood which was lying near the dead body and put the same in container Ex. P-5. The accused has also admitted that at the time when police reached the spot, he was wearing pyjama Ex. P-6, which was taken into possession. It may be pointed out here that all the circumstances brought on record by the prosecution and which had taken place in the presence of the accused, have been admitted by him. Where the accused could not say anything about the incriminating circumstances which happened in his presence, he has replied to such questions, that he did not know such a fact. The doctor had opined the death of the deceased having taken place instantaneous after causing of injuries to her. When this circumstance was put to the accused, he admitted the same to be correct. 28. The prosecution has brought on record Ex. PK, the report of the Forensic Science Laboratory and the report of the chemical examination of the case property. The koti, pyjama and salwar were found stained with human blood. Apart from that, chuni Ex. P-2, glass Ex. P-4 and the blood taken from the spot, chappals Ex. P-3 were also found to be stained with human blood. When these circumstances were put to the accused, he stated that he did not know. 29. The koti, pyjama and salwar were found stained with human blood. Apart from that, chuni Ex. P-2, glass Ex. P-4 and the blood taken from the spot, chappals Ex. P-3 were also found to be stained with human blood. When these circumstances were put to the accused, he stated that he did not know. 29. Question Nos. 49 and 50 put to the accused during his examination under Section 313, Cr. P.C. would be very much relevant which are reproduced hereunder: "Question 49. Why this case has been framed against you? Answer. Because I have killed my wife. Question 50. Do you want to say anything else in order to explain the incriminating circumstances appearing against you? Answer. Nothing." 30. Thus, all the incirminating circumstances which lead to the sole inference that it was accused and none else who committed the murder, after having been proved beyond all reasonable doubt, have been admitted to be correct by the accused in his statement under Section 313, Cr. P.C. 31. At this stage, 19981 SCALE (Vol. 1 No. 6) page 590, State of U.R v. Lakhmi, can safely be referred. The observations made by the Apex Court, in para 17, are reproduced as under : "Learned Counsel for the respondent, however, pointed out that as the doctor who conducted post-mortem examination on the dead body was not put in the witness box in this case and it was argued on its strength that in the absence of legally proved medical evidence no finding can be reached that the deceased died due to blows inflicted with "Phali". No reason is seen noted by the Trial Court or the High Court for the non-examination of the doctor who conducted the autopsy. No doubt, it is the duty of the prosecution to prove pot mortem findings in murder cases, if they are available. Absence of such proof in the prosecution evidence in a murder case is a drawback for prosecution. However, we are not disposed to allow this case to be visited with fatal consequences on account of such a lapse because the accused has admitted that death of the deceased was a case of homicide." 32. Thus, the evidenciary value of the statement recorded under Section 313, Cr. P.C. cannot be brushed aside. However, we are not disposed to allow this case to be visited with fatal consequences on account of such a lapse because the accused has admitted that death of the deceased was a case of homicide." 32. Thus, the evidenciary value of the statement recorded under Section 313, Cr. P.C. cannot be brushed aside. So far as the present case is concerned, here, the incriminating circumstances have been proved beyond all reasonable doubt, which have been admitted by the accused also. However, in the aforesaid reported case, one of important circumstance, by not examining the doctor who performed the post mortem, was existing, but then under the circumstances of the case, that circumstance was ignored as the admission of the accused that the death of deceased was a case of homicide, was taken into consideration. 33. It has been contended on behalf of the appellant that motive, in the present case, has not been legally established. Motive, in itself, may not be an ingredient of the offence, but would be an important circumstance to be taken against the accused in case the case depends upon circumstantial evidence. It has come in the statements of Hira Singh and his wife Shyam Dassi that the accused was having cordial relations with his wife. Gurdhian Singh PW-12 stated that during investigation it was revealed that accused was suspecting his wife, which fact again, is not proved on record beyond all reasonable doubt. In these circumstances, where the prosecution has failed to establish the motive of the crime, it will not mean at all that the entire case of the prosecution has to be ignored. The presence of motive would be an additional circumstance in the chain of circumstances brought on record by the prosecution against the accused in order to prove the guilt against him. In such a case where motive is not established through a legally competent evidence, it becomes the duty of the Court to examine the entire other circumstances brought on record on behalf of the prosecution with great care. This aspect of the matter has been dealt with by Sessions Judge in his judgment in a proper and legal manner. In such a case where motive is not established through a legally competent evidence, it becomes the duty of the Court to examine the entire other circumstances brought on record on behalf of the prosecution with great care. This aspect of the matter has been dealt with by Sessions Judge in his judgment in a proper and legal manner. It has been rightly observed by the learned Sessions Judge while dealing with this aspect of the matter that it often happened that only the culprit himself knew what moved him to a certain course of action and the learned Judge further rightly came to the conclusion that he was of the considered opinion that the circumstances which have been proved on record, were not weakened at all by the fact that the alleged motive for committing the crime had not been established to the hilt. 34. Thus, so far as the present case is concerned, apart from the admission of all the circumstances appearing against the accused in his statement under Section 313, Cr. RC. the prosecution has been successful in proving the charge against the accused beyond all reasonable doubt through the circumstances discussed above. 35. No other point has been stressed. 36. In view of the fore-going reasons, the present appeal, being devoid of any merit, is accordingly dismissed and as a consequence thereof, the conviction and sentences passed by the Sessions Judge are hereby maintained. Appeal dismissed.