JUDGMENT 1. - This appeal is directed against the judgment dated 31.7.1992, passed by the Addl. Sessions Judge, Bhilwara, convicting the appellants of the offence under section 302/34 IPC and sentencing each of them to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to further undergo one year's rigorous imprisonment. The appellants have also been convicted of the offence under section 201 IPC and sentenced to two year's rigorous imprisonment and to pay a fine of Rs. 5,000/- and in default to further undergo two months rigorous imprisonment. Both the substantive sentences have been ordered to run consecutively. 2. The prosecution case is that one Kalyan Kumawat (PW-1), resident of village Kochariya, lodged a written FIR at Police Station, Karol. Ex. P.28 to the effect that in the morning at about 10 A.M., his uncle Chhoga (deceased) and aunty Smt. Sita (deceased) were sitting on the way in front of their field. At that time, their sons accused Devi armed with a stick and Narain armed with a "Kulhari" arrived there and started beating them. Hearing their cries, PW-2 Udai Lal and PW-3 Shankarlal reached on the spot to protect them. Both the accused persons asked them to go away, otherwise they would also be killed. Out of fear, they did not go near them. They witnessed the incident from a distance. After some time, his uncle and aunty died on the spot. She was dragged and thrown beneath the tree in the nearby field. They put the body of Chhoga on the bicycle and brought it to their house in the village. While leaving, they threatened that if they disclosed this fact to anybody, they would also be killed. In the night, he went to the house. His father asked him as to why deceased Chhoga was brought on the bicycle on which he narrated the entire incident to him. Thereafter, both of them went to the police station to lodge the report. On this information police registered a case for the offence under sections 302, 120-B IPC and proceeded with the investigation. The police prepared the inquest and sent the bodies for postmortem. The incriminating articles were seized from the spot. The accused persons were arrested and recoveries were made of weapon of offence and other articles. in pursuance of the information given by them. The police prepared the inquest and sent the bodies for postmortem. The incriminating articles were seized from the spot. The accused persons were arrested and recoveries were made of weapon of offence and other articles. in pursuance of the information given by them. After usual investigation, the police laid a charge-sheet against the accused persons for the offences under sections 302, 302/34 and 201 IPC. 3. The accused persons denied the charge and claimed trial. The prosecution in support of the case examined fifteen witnesses and produced number of documents. The accused persons in their statement under section 313 Cr.P.C. stated that Kalyan and Hazari wanted to grab their land and, therefore, at their instance, a false case had been instituted against them. The accused persons examined Abdul Vadud, DW-1 in support of their defence. The trial Court on appreciation of evidence arrived at the conclusion that the accused appellants committed the murder of Chhoga and Smt. Sita. Accordingly, both of them have been convicted for the offences under sections 302/34 and 201 IPC and sentenced as aforesaid. 4. We have heard Mr. J. S. Rathore, learned counsel for the appellants and Mr. A. R. Nikub, learned Public Prosecutor and perused the record of the case. 5. It is contended by Mr. J. S. Rathore, learned counsel appearing for the appellants that the entire case against the accused persons is false and fabricated. He has read before us the statements of PW-1 Kalyan, PW-2 Udai Lal and PW-3 Shankerlal and pointed out certain improvements and contradictions in their statements. As far as recovery of the articles is concerned. It is submitted that the same is of no use as no evidence has been produced by the prosecution to show that the articles recovered belonged to the accused. It is also submitted that the FIR has not been proved by the prosecution. Learned Public Prosecutor had supported the judgment of the trial Court. 6. We have scanned the prosecution evidence carefully. PW-1 Kalyan is the son of Hazari, the uncle of the accused persons. He has stated all the facts as given in the FIR. In addition, he stated that first wife of Chhoga was the mother of the accused persons. After her death, his uncle Chhoga had brought in "nata" deceased Smt. Sita sometime back. PW-1 Kalyan is the son of Hazari, the uncle of the accused persons. He has stated all the facts as given in the FIR. In addition, he stated that first wife of Chhoga was the mother of the accused persons. After her death, his uncle Chhoga had brought in "nata" deceased Smt. Sita sometime back. In the cross-examination, certain questions were put to him to elicit that the place at which they were standing, they could not have witnessed the incident. The suggestions were denied. Nothing has been elicited from the cross-examination to discredit the testimony of this witness. 7. PW-2 Udai Lal stated that at about 10 A.M., he had gone to the field along with Shanker and Kalyan. The cries of Chhoga attracted them. They went to the field and witnessed that accused Devi and Narain armed with stick and "Kulhari" respectively were giving beating to Chhoga and Sita. They would not intervene as the accused persons threatened them that if they came nearby, they would also be killed. On account of the injuries sustained, Chhoga and Sita died on the spot. The accused persons left the body of Sita in the field and brought the body of Chhoga to their house on a bicycle. They covered the body of Chhoga by a "Dhoti". The accused persons also threatened them that if they disclosed this fact to anybody, they would also be killed. He also stated that Smt. Sita was the second wife of Chhoga, who was brought in "nata" only sometime back. Nothing has been elicited in the cross-examination to discredit the statement of this witness. 8. PW-3 Shankerlal is a child witness aged 12 years. Certain questions were put by the trial Court to test the understanding of the witness. The trial Court found that the witness is a person of understanding and, as such, proceeded with recording of his statement. He stated that in the morning, he along with Udai and Kalyan were proceeding towards their field. While they were at a distance of 10-15 hands, they heard the cries of Chhoga. They reached on the spot. Devi armed with a stick and Narain armed with a "Kulhari", were beating Chhoga and Sita. They wanted to intervene but the accused persons threatened that if they came near, they would also be finished. While they were at a distance of 10-15 hands, they heard the cries of Chhoga. They reached on the spot. Devi armed with a stick and Narain armed with a "Kulhari", were beating Chhoga and Sita. They wanted to intervene but the accused persons threatened that if they came near, they would also be finished. He also stated that they left the body of Smt. Sita in the field and carried the body of Chhoga on the bicycle to their house, they put a bed sheet over the body of Chhoga. They also told them that if they disclosed this fact to anybody, they would also be killed. He also stated that both the accused persons were unhappy with their father Chhoga as he had brought another wife viz, Smt. Sita. Nothing has been elicited in the cross-examination, which can discredit the testimony of this witness. 9. PW-4 Shanker stated that his maternal father-in-law Heera Kumawat came to him and asked him to proceed to village Kochariya and to call Devi and Narain. Thereafter, he went to village Kochariya and brought Narain and Devi. Heera told them that their father Chhoga had brought in "nata" a new wife Mst. Sita and that he had already sold the half of the land and was likely to sell the rest of the land as well. He advised them to kill their father. Accused persons assured Heera that they would kill Chhoga. Heera also assured them that he would make appropriate arrangements for the necessary expenses. Thereafter Heera left. He advised Narain and Devi not to do so. Thereafter, Narain and Devi left the place. After two days, he heard that Narain and Devi have killed their mother and father. 10. PW-6 Hazari is the brother of deceased Chhoga. He stated that he was told by his son Kalyan about the killing of his brother Chhoga by accused Narain and Devi. He also stated that while he was going towards the field, he had seen the accused persons carrying deceased Chhoga on the bicycle. He also stated that as Chhoga had brought a new lady in "nata". There was a quarrel between Chhoga and his sons accused Narain and Devi. 11. PW-5 Sohan Lal, PW-7 Kalu and PW-8 Bhanwar Singh are the formal panch witnesses. PW-9 Dr. Satish Kumar stated that he performed the post-mortem of the body of deceased Chhoga vide Ex. He also stated that as Chhoga had brought a new lady in "nata". There was a quarrel between Chhoga and his sons accused Narain and Devi. 11. PW-5 Sohan Lal, PW-7 Kalu and PW-8 Bhanwar Singh are the formal panch witnesses. PW-9 Dr. Satish Kumar stated that he performed the post-mortem of the body of deceased Chhoga vide Ex. P.11. He found the following injuries: "1. Incised wound, oblique, Size 3.0 x 0.5 x 0.5 cm. Muscle are kept outside. On left forearm posterior aspect, upper 1/2 part clotted blood, 2. There is swelling on left wrist joint and dislocation of left wrist joint, 3. Abrasion, oblique, clotted blood, lower ⅓rd part of left forearm, posterior aspect, size 1.5 x 0.5 cm., 4. Abrasion, oblique, clotted blood, mid of left forearm posterior aspect, size 6.0 x 0.5 cm., 5. Abrasion, size 2.5 x 0.2 cm. on posterior aspect of left elbow joint, 6. Three incised wound, each size within 1.5 x 0.2 x 0.2cm. on posterior aspect of right forearm upper 1/2region, 7. Two abrasion on medial aspect, size 3.0 x 1.0 cm each on right forearm lower ⅓ region, 8. Two abrasion, oblique, clotted blood, each size 3.0 x 0.5 cm on upper ⅓ part. Lateral aspect of right arm, 9. Abrasion hole of anterior aspect of scrotum, 10. Incised wound, oblique, clotted blood, size 4.0 x 1.0 x bone deep on lower 1/2 part of left leg. Anterior aspect, 11. Incised wound, oblique, size 3.0 x 0.5 x 0.5 cm on left lower ⅓ part of anterior aspect, 12. Incised wound, oblique, size 5.0 x 0.5 x 0.5 cm on upper 1/2part of anterior aspect, 13. Incised wound, oblique, size 2.5 x 0.5 x 0.5 cm on right leg,lower 1/2 part of anterior aspect, and 14. Bruise, Bluish, oblique, size 6.0 x 7.0 cm on right fronto parietal area. Swelling + After removing scalp, there is collection of blood under-neath. After cleaning blood, there is fracture of frontal bone in linear fashion 3.7 cm. After removing bone, there is large collection of blood underneath frontal bone." 12. In the opinion of the doctor, the deceased Chhoga died of head injury. The injury was sufficient in the ordinary course of nature to cause death. He also stated that the injuries were postmortem in nature. 13. After removing bone, there is large collection of blood underneath frontal bone." 12. In the opinion of the doctor, the deceased Chhoga died of head injury. The injury was sufficient in the ordinary course of nature to cause death. He also stated that the injuries were postmortem in nature. 13. The doctor also stated that he performed the postmortem of the dead body of deceased Sita aged 30 years vide Ex. P.12. He noticed the following injuries: "1. Bruise, Bluish oblique on right side of cheek, outer area of right eye and 1/2 part of upper & lower lip, 2. Bruise, Bluish, size 6.0 x 3.0 cm. Swelling left forehead. After removing scalp, there is collection of blood under swelling and there is fracture of frontal bone 5.0 cm longer. After removing frontal bone, there is also large collection of blood underneath fracture area, 3. Bruise 2 x 1.0 cm on left side of abdomen, oblique, bluish, 4. Bruise size 30.0 x 3.0 cm. Bluish, just upper to umblicus (Abdomen), 5. Bruise, size 3.0 x 2.0 cm on left upper part of chest, bluish, 6. Bruise, Bluish, size 15.0 x 7.0 cm on lateral and back of left side of abdomen, 7. Bruise, Bluish, size 17.0 x 10.0 cm on lateral and back of left side of abdomen and chest, 8. Abrasion & bruise, size 5.0 x 4.0 cm on upper ⅓ part of left hip joint, lateral aspect, 9. Two abrasions, oblique, each size 3.0 x 1.5 cm on left knee joint, anterior aspect, 10. Abrasion, oblique, clotted blood, size 2.0 x 0.5 on lower 1/2 part of left leg, 11. Incised wound, size 3.0 x 1.0 x bone deep on left leg. Lower ⅓ part of anterior aspect, clotted blood, 12. Incised wound, oblique size 3.5 x 1.0 x bone deep on right leg, lower 1/2 part, 13. Abrasion, oblique, size 2.0 x 1.0 cm. on right leg lower ⅓ part, anterior aspect, 14. Bruise, oblique, size 10.0 x 5.0 cm on upper 1/2 part of right arm, lateral aspect, 15. Bruise, oblique, size 15.0 x 7.0 cm on upper ⅔ part of left arm, lateral aspect, 16. Abrasion, oblique, size 2.5 x 1.5 cm on left forearm medial side in mid portion, 17. Incised wound, posterior aspect, size 1.0 x 0.3 x 0.2 cm on left wrist joint, 18. Bruise, oblique, size 15.0 x 7.0 cm on upper ⅔ part of left arm, lateral aspect, 16. Abrasion, oblique, size 2.5 x 1.5 cm on left forearm medial side in mid portion, 17. Incised wound, posterior aspect, size 1.0 x 0.3 x 0.2 cm on left wrist joint, 18. Incised wound, oblique, size 3.0 x 1.0 x bone deep on just upper to left eye." 14. In his opinion, the cause of death was head injury. The injuries were sufficient in the ordinary course of nature to cause death. 15. PW-10 Bhanwar Singh, PW-11 Poonam Singh, PW-12 Rameshwar Lal and PW-13 A.V. Joseph are the police witnesses. Their statements are with regard to seizure of the 'Kulhari', stick and other ornaments. They have also given statements with respect to taking articles from Police Station to Forensic Science Laboratory. PW-15 Govind Singh is the Investigating Officer. He has given all the details of investigation. 16. The accused persons were arrested on 7.9.90. On the same day, the accused Narain while in police custody, made a disclosure statement Ex. P.30 leading to the recovery of the blood stained 'Kulhari' and one blood stained silver 'Kadiya' vide Ex. P.6 and Ex. P.7 respectively. Accused Devi on his arrest on 7.9.1990 while in police custody made a disclosure statement Ex. P.31 leading to the recovery of blood stained stick, a blood stained silver 'Kadiya' and silvery 'katariya' vide Ex. P.8 and Ex. P.9 respectively. The accused Devi also produced blood stained bicycle vide Ex. P.10. 17. As far as the recovery of the Kulhari and stick from the accused Narain and Devi respectively is concerned, the same has been proved by the prosecution. Both these articles have been found to be blood stained by the Serologist. The report of the Serologist has been admitted by the defence. The Serologist has opined that the carrier and seat of the bicycle, stick and kulhari were stained with human blood. As far as the recovery of articles of robbery is concerned, a criticism has been made that no witness has been produced to connect the said articles with the deceased persons, that is to say that no witness has been produced saying that the said articles belonged to the deceased Chhoga or Smt. Sita. It is significant to notice that the alleged incident is of 4.9.1990 and the recoveries have been made on 7.9.1990. It is significant to notice that the alleged incident is of 4.9.1990 and the recoveries have been made on 7.9.1990. The ornaments are blood stained. Thus, it was for the accused persons to explain that how the blood stained articles came in their possession. The incident of murder and robbery had taken place in the area only three days back. Thus, in absence of an explanation by the accused with respect to the possession of blood stained ornaments, an inference can be drawn that the fact of recovery is a relevant fact with respect to the incident of robbery, which took place on 4.9.1990. In view of this, in our opinion, the evidence of recovery of weapon of offence and the recovery of the silver ornaments at the instance of the accused persons, is an incrementing evidence against them. This evidence provides sufficient corroboration to statements of all the three eye witnesses, referred to above. Thus, in our view, the prosecution has succeeded in establishing beyond doubt that the accused persons are guilty of committing murder of Chhoga and Sita. We find no infirmity in the order of the trial Court calling interference by us in appeal.Consequently, we find no merit in this appeal and the same is hereby rejected. The accused persons are in jail and they will serve-out the remaining part of the sentence.Appeal dismissed. *******