J. N. BHATT, J. ( 1 ) PARADOXICALLY, unfateful that day of 8. 4. 1994, for one helpless old widow in the December days of Life, Kantaben, unfortunately, alone residing in a house in Mangalsmurti Bungalow, behind Arunodaya Society, Modasa, turned out to be an "amangal" day (Inauspicious-day), and a Sunset of the life, while being in "arunodaya" (Sun-rising) society as she became a victim of heinous and heartless, horrible and horrendous Homicide for motive and that too pecuniary gain and Appellant was charged accordingly and prosecution case is accepted by Trial Court and he has been held guilty for her murder, robbery of ornaments and also for causing disappearance of evidence of murder. In view of challenge against the verdict of Trial Court, the first question would emerge as to whether the death of Kantaben was suicidal, homicidal or accidental? If homicidal, whether the appellant accused Kantilal Gordhandas Soni @ K. Lal, is the author of it, or not, are the grave questions, which have come up for our consideration and adjudication, in this conviction Appeal, u/s 374 (2) of the Code of Criminal Procedure, 1973 (Cr. P. C.), against the judgment and order of conviction, recorded in Session Case No. 99 of 1994, on 7. 12. 1996, by learned Addl. Sessions Judge, at Himatnagar, Sabarkantha. ( 2 ) K. LAL, is found guilty for having committed offences punishable u/s 302, 201, 394, 449 of the Indian Penal Code (IPC ). He has been sentenced rigorous imprisonment for life, and a fine of Rs. 500. 00 in default, rigorous imprisonment for 2 years, u/s 302, and rigorous imprisonment for 2 years and fine of Rs. 300/-, in default, rigorous imprisonment for six months u/s 201 of the IPC. He is also awarded rigorous imprisonment for 5 years, and fine of Rs. 300. 00, in default, rigorous imprisonment for one year, for having committed the offence u/s 394 of the IPC, and rigorous imprisonment for 3 years, and a fine of Rs. 300. 00 in default, rigorous imprisonment for six months, for having committed the offence punishable u/s 449 of the IPC. Therefore, original accused, K. Lal, has challenged the legality and validity of the impugned judgment and order, passed against him, in Session Case No. 99 of 1994, by filing this Appeal. 300. 00 in default, rigorous imprisonment for six months, for having committed the offence punishable u/s 449 of the IPC. Therefore, original accused, K. Lal, has challenged the legality and validity of the impugned judgment and order, passed against him, in Session Case No. 99 of 1994, by filing this Appeal. At first, a spectrum of some skeleton projection of relevant facts, may be stated, ( 3 ) COMPLAINANT - prosecution witness Mahesh Mangaldas, lodged the First Information Report. He is the son of deceased Kantaben, who was aged about 75, and who was living in the aforesaid house, at Modasa. Complainant was working, at the relevant time, as Clerk in the Bank in Ahmedabad. His father has died three four years prior to the date of incident. Upon his complaint, the Police Officer of Modasa Police Station started investigation. ( 4 ) COMPLAINANT came to know from his relative, Hiraben, on phone and came to Modasa, and found his mother dead. Dead body was shifted to the hospital, postmortem was performed. He, also, noticed that the golden ornaments, namely, the bangles, which his mother used to wear, missing. He, his sister, and other members of the family, had searched about the golden bangles, and a necklace - golden chain, which could not be traced in the house. The postmortem report, revealed that, the case of death was, asphyxia, due to throttling. Golden bangles, and chain, usually used by deceased Kantaben, were also missing. Therefore, what initially, appeared to be an accidental death, and which was taken by the son complainant Mahesh, and other members seriously, and they apprehended that, somebody after throttling the deceased Kantaben, taking advantage of her old age, and absence of anybody in the family in the night, on 8. 4. 1994, robed her, and took away the golden ornaments and in order to create an evidence of accidental death, after throttling, the body of the deceased was put near the LPG gas and the burning of hair. In the course of the investigation, it was found that accused, who was in heavy debt, and who had money transactions, not only with the deceased Kantaben, but also, in past, with deceased Mangaldas, the husband of Kantaben, and who was on visiting terms with the family of the deceased, had got ornaments melted and then sold it, to the Goldsmith and having earned Rs. 35,000. 00. 35,000. 00. Out of which, accused credited about more than Rs. 24,000 on the very next day, in loan account known as "over Draft" account, which was raised on the basis of Kisan Vikas Patra, in the name of accused, and his wife Hansa. Accused, was also not seen and heard in Modasa for a long time, after the incident. It was, therefore, noticed that, there was a motive to commit the alleged offences, on the part of the accused, who came to be arrested, by the Police of Ellisbridge Police Station, on 11. 5. 1994. After the completion of the investigation, accused was chargesheeted, and charge was framed, at Exh. 4 of the Session Case, No. 94 of 1999, for having committed offences punishable u/s 302, 201, 394, 449 or in the alternative 450 of the IPC, by the learned Addl. Sessions Judge, at Himatnagar, Sabarkantha. ( 5 ) IN order to substantiate and fortify the charges against the accused, prosecution placed reliance on as many as 34 witness. 1. PW1 dr. Jhinabhai Yadav 2. PW2 rasilaben Vinodkumar Thaker 3. PW3 jaswsantlal T. Bhavsar 4. PW4 chandulal Mohanlal 5. PW5 madhukar Digambar Nayak 6. PW6 vaishaliben Kiritkumar 7. PW7 lilaben Vikaramsinh 8. PW8 maganbhai Nathabhai Parmar 9. PW9 salimbhai Daoodbhai 10. PW10 bipinchandra Ambalal Soni 11. PW11 parasmal Himamal Soni 12. PW12 vijaykumar Navnitlal Shah 13. PW13 purankumar Chamanlal Purani 14. PW14 nandlal Chunilal Soni 15. PW15 mahendrakumar Manilal 16. PW16 kimalsingh Surajsinh 17. PW17 dahyabhai Patel 18. PW18 keshubha Bhurubha Zala 19. PW19 maheshkumar Mangaldas 20. PW20 kanubhai Ravjibhai Patel 21. PW21 natwarlal Shankerlal 22. PW22 jigneshkumar Nagandas 23. PW23 dr. Amrutbhai C. Patel 24. PW24 dahyabhai Valabhai 25. PW25 mukeshkumar Somabhai 26. PW26 mahipalsinh Jawansinh 27. PW27 sharmishithaben Kiritkumar 28. PW28 jayantilal Chandulal Mehta 29. PW29 dahyabhai Kacharabhai Solanki 30. PW30 Bahecharbhai Patel, PSI 31. PW31 PHC Shivsinh Parmar 32. PW32 pravinsinh Samantsinh 33. PW33 dahyabhai Maganbhai Patel 34. PW34 prabhudas Mohanlal Mistry ] ( 6 ) THE documentary evidence placed on record will also be referred as and when required at an appropriate stage :- Date: 27. 06. 2000 Learned counsel, for the appellant - convict, has seriously criticized the approach of the trial court in appreciating the circumstantial evidence. PW33 dahyabhai Maganbhai Patel 34. PW34 prabhudas Mohanlal Mistry ] ( 6 ) THE documentary evidence placed on record will also be referred as and when required at an appropriate stage :- Date: 27. 06. 2000 Learned counsel, for the appellant - convict, has seriously criticized the approach of the trial court in appreciating the circumstantial evidence. He has raised the following contentions : (I) that the evidence of prosecution witness No. 21 - Natwarlal Shankarlal, a neighbour of the deceased, examined at Exh. 59, who had last seen the deceased, and the accused in the house of the deceased, in the evening around 8. 30 p. m. , on the day of incident, is wrongly relied on. (II) that the evidence of prosecution witness No. 21 - Natwarlal Shankarlal, is not at all reliable, as he could not have witnessed the presence of the accused in the house of the deceased - Kantaben, as there was no light, and again, he has also criticised his evidence, on the premise that, his statement came to be recorded after long interval of the occurrence of the incidence, and no reason is stated, which restrained him from lodging of the FIR. It was, therefore, submitted that his evidence is wrongly relied on, and has to be discarded in its entirety (III) that the circumstances, upon which, reliance is placed by the prosecution, and the acceptance of such circumstances, as a complete chain, by the trial court, is totally misappreciation, and erroneous analysis of the evidence. It was further submitted that, the chain is not so complete as to establish the alleged culpability, against accused - K. Lal. (IV) that the prosecution has not successfully established the criminality alleged against the accused beyond reasonable doubt, which is the cardinal principle of criminal jurisprudence, and, therefore, the impugned judgment and order of the trial court, are bad in law, and required to be quashed and set aside. ( 7 ) THE learned Addl. Public Prosecutor Mr. Raval while competing the aforesaid submission of learned counsel Mr. Shethna, has also raised submissions, which may be articulated, herein as under : (I) that the evidence of the prosecution witness No. 21 - Natwarlal Shankarlal, who is a neighbour, is quite natural, who had an opportunity to see the accused in company of the deceased last in the late evening on the unfortunate day. Shethna, has also raised submissions, which may be articulated, herein as under : (I) that the evidence of the prosecution witness No. 21 - Natwarlal Shankarlal, who is a neighbour, is quite natural, who had an opportunity to see the accused in company of the deceased last in the late evening on the unfortunate day. He is an independent witness, and he has no enimity with the accused, and, therefore, according to his contention, rightly relied on by the trial court. (II) that, merely, because his statement came to be recorded late by 37 days, in the peculiar facts and in the special circumstances emerging from the record of the present case, could not be characterised as an impediment, in accepting the version of the witness. (III) that the prosecution has, successfully, established the culpability of the accused, for the charges levelled against him, by leading evidence, and indicating complete chain of circumstances, leaving no any hypothesis of the innocence of the appellant - accused. He has, thus, fully supported the impugned judgment and order, convicting the appellant - original accused u/s 302, 201,394 and 449 of the IPC. ( 8 ) WE have been taken through the entire testimonial collections, and the ocular evidences, and the witnesses, in course of marathon submissions. Both sides have placed reliance on case laws, to which reliance will be placed by us hereinafter, as required, at appropriate stage. Since, the contentions raised, on behalf of the appellant by learned counsel Mr. Shethna and countenanced by learned APP Mr. Raval, are interwoven and interconnected, we deem it expedient to deal with and appreciate simultaneously, with a view to avoid tautology. In so far as, the question of unnatural death of deceased Kantaben, aged about 75, staying in her house alone, is unnatural. She was found dead, with injuries on her person. The death may be accidental, suicidal or homicidal, and since, this is a case of circumstantial evidence, the court is required, to scan and scrutinise the circumstances, relied on by the prosecution with full of circumspection. No doubt, it may be stated at this juncture clearly that, though, it is imperative for the prosecution to prove this case beyond reasonable doubt, but, it could be established either by direct evidence, or by circumstantial evidence. This is a case, where direct evidence is not available. No doubt, it may be stated at this juncture clearly that, though, it is imperative for the prosecution to prove this case beyond reasonable doubt, but, it could be established either by direct evidence, or by circumstantial evidence. This is a case, where direct evidence is not available. Therefore, prosecution has placed reliance on, various circumstances, and has sought to create a complete chain, in which, there is no any hypothesis of the innocence of the accused. Learned trial court judge has, upon, assessment of the evidence and the analysis of the testimonial collection, has accepted the prosecution case, and has found accused guilty for having committed the offence of murder by Kantaben, who was residing alone in her house, who was aged 75 years old, and also holding that the accused looted the gold ornaments after finishing her life by throttling her. She had two bangles on each hand and a golden chain, which is popularly used by the womenfolk, in this country. It is, also, held by the trial court that, in order to disappear the evidence of murder committed by him, and to create an evidence of an accidental death, after throttling aged old lady of 75, in her house, where she was alone, between 8. 00 and 8. 30 p. m. on 8. 4. 1994, took out the golden ornaments from the person of the deceased and disposed them of, firstly, by melting the ornaments through a known goldsmith in the same village like Modasa, and thereafter, the ingot made out of the melted golden ornaments, was sold of to a goldsmith - one prosecution witness - Parasmal, being goldsmith, working in Modasa, on the same day on 9. 4. 1994. It is also noticed by the trial court from the evidence on record that, the accused K. Lal, was in heavy debts. ( 9 ) HE had borrowed money from the Bank, by pledging some securities in the form of Kisan Vikas Patra. Only some time before the incident, he credited an amount of Rs. 22,101. 00 in the Over Draft facility loan account with Modasa Nagarik Sahakari Mandali, out of the amount of Rs. 35,000/which he got from Goldsmith, by selling the melted ingot, popularly known as "renis". Therefore, the trial court has, without any doubt, observed that there was deep seated motivation for commission of the offences in question. 22,101. 00 in the Over Draft facility loan account with Modasa Nagarik Sahakari Mandali, out of the amount of Rs. 35,000/which he got from Goldsmith, by selling the melted ingot, popularly known as "renis". Therefore, the trial court has, without any doubt, observed that there was deep seated motivation for commission of the offences in question. Apart from that, it is also found by the trial court from the critical appraisal of the evidence of the prosecution that, the relationship of the accused K. Lal and deceased Kantaben and before the death of her husband Mangaldas, were very cordial and friendly, as a result of which, he used to frequently visit the house of the deceased, not only during the life time of her husband Mangaldas, even after his death. It is also found by the trial court that the accused and deceased had also monetary transactions, as two cheques of accused, signed by him, were found out later on in course of time, after the incident occurred, from the religious book of the deceased Kantaben, which, in reality, created an emergence of serious cloud of doubt and apprehension, in the mind of the Investigating Officer and family members of the deceased. The trial court, has placed reliance on the evidence of Bank Managers, in whose testimony, the transactions of advance, repayment and accounts, in the name of the accused, who was incidentally running a printing press, held proved. The circumstantial evidence, placed on record, and relied on by the prosecution, is found by the learned trial judge is quite vetripotent to transit culpability of the accused, having committed the offences punishable u/s 301, 201, 394 and 449 of the IPC. After having taken into account the rival submissions made before us, the relevant proposition of law, and considering the impugned judgment and order of the trial court, we are of the opinion that the circumstantial evidence relied on, by the trial court and led by the prosecution, is so complete as to rule out any hypothesis about the innocence of the accused. Ordinarily, when the appellate court, accordingly, agrees with the views and the conclusions, reached by the trial court, it would not be necessary to reiterate and state the same reasons and the narration of the evidence. Ordinarily, when the appellate court, accordingly, agrees with the views and the conclusions, reached by the trial court, it would not be necessary to reiterate and state the same reasons and the narration of the evidence. However, since, we are addressed, at greater length, and with full vehemence, and with the support of legal missiles, stating case laws, we deemed it expedient to examine, and evaluate, the submissions raised before us in the light of the evidence on record and the relevant case laws. ( 10 ) THE death of aged lady Kantaben, is proved to be homicidal, and not accidental, or suicidal, by the prosecution without any shade of doubt. Though, seriously, homicidal death is in question, in course of the submissions before us, what was, seriously, urged before us, about the author of the murder of aged old lady Kanta. Let us have an excursion into the relevant evidence, establishing the homicidal death, and totally excluding even doubt about the accidental, or suicidal death of deceased by Kanta. In this connection, evidence of prosecution Witness Dr. J. A. Yadav, Medical Officer of the Government Hospital, who conducted the autopsy, is examined as prosecution Witness No. 1 at Exh. 8. From his evidence, following aspects have emerged uncontrovertible. (I) Deceased by Kantaben was 75 years old, and she had sustained as many as 11 external injuries and 13 internal injuries. Prima facie, even a glance at the post mortem report Exh. 9, would eloquently testified that, it was never a case of suicide or an accident. It is, therefore, rightly observed by the trial court in the judgment that the manner and mode, in which, the injuries came to be inflicted on the person of deceased Kantaben, and noticed by Dr. Yadav, in course of post mortem examination, would leave no any manner of doubt, it was nothing, but it is a case of homicide. She had sustained some injuries on account of pressing of neck throttling and pressing on the chest. The Column No. 17 in the post mortem report - Exh. 9, enumerating the type, and the nature of the injuries, would undoubtedly lead to only one inference, and none, that it could never be a case of an accident or suicide. There were injuries on the neck, there were injuries on the chest, the tongue of the deceased has come out. 9, enumerating the type, and the nature of the injuries, would undoubtedly lead to only one inference, and none, that it could never be a case of an accident or suicide. There were injuries on the neck, there were injuries on the chest, the tongue of the deceased has come out. The injuries sustained on the head, were possible by a cutter, mudammal Article No. 2, which was recovered from the accused. (II) It is in this context, upon thorough examination of the dead body, Dr. Yadav has, clearly, testified that, the cause of death of deceased - Kantaben, was asphyxia due to throttling. In our opinion, upon examination of the entire testimony of Dr. Yadav, along with post mortem report (Exh. 9), the conclusion, in appreciation of the evidence of Dr. Yadav, reached by the trial court is justified. ( 11 ) THAT would lead us, to the next important question, as to, who, was the perpetrator of the heinous crime or the author of the cold-blooded complicity, under consideration. Whether, it could be attributed to the acts of the accused K. Lal, beyond reasonable doubt, in the light of the circumstances and from the evidence of the prosecution, and relied on, by the trial court? In order to prove and establish the culpability of the accused, for the aforesaid offences, prosecution has relied on various circumstances. Let us, at this juncture, examine the important and relevant circumstances. (I) The accused K. Lal, who was on visiting friendly terms with the deceased Kantaben, was seen in the house of deceased, in the late evening on the day of incident, by prosecution witness No. 21, Natwarlal Shankarlal, a neighbour of the deceased, examined at Exh. 59, has fairly testified that he had seen accused K. Lal in the house of deceased between 8. 00 and 8. 30 p. m. with a torch. Witness Natwarlal, could see accused and Kantaben in Veranda i. e. the back portion of the house of the deceased, which is on the front portion of the house of the witness, in the light of the lamp of his house, which is hardly about 20 feet. Witness - Natwarlal Shankarlal noticed that accused was tampering with the electric meter box with the help of one wire and in the light of the torch. Witness - Natwarlal Shankarlal noticed that accused was tampering with the electric meter box with the help of one wire and in the light of the torch. He has clearly deposed that he saw accused in the back yard of the house of the deceased, for about 5 to 7 minutes. After having taken into consideration the topographical situation of the house of the deceased, and the witness Natwarlal, which is hardly at a distance of 20 feet, it was definitely possible for Natwarlal, to see in the back yard in the light of the lamp of his house. Nothing has been shown, as to why, this witness should not be relied on, who had seen the accused tampering with the electric meter in the light of the torch, for a spell of 5 to 7 minutes, and as there was dark in the house of the deceased Kantaben, he could see in the light of his houses electric bulb, which is very close in view of evidence. In our opinion, it is he, who had last seen the accused in the house of the deceased. It was he, who had reason to a motive to commit the crime. It was he, who had, friendly, visiting terms and relations with the deceased and prior to and during the life time of Mangaldas, the husband of the deceased. It, therefore, cannot be contended that, how this witness, Natwarlal Shankarlal could identify the accused, or that, he has any grudge against the accused. In our opinion, the trial court has, rightly, held him the independent and reliable witness, and the observation of the trial court in accepting the testimony of the prosecution witness - Natwarlal Shankarlal, is required to be subscribed to. Learned Advocate, appearing for the appellant accused, has not been able to dislodge the credibility and the reliability of the witness, establishing in his evidence. We have, therefore, no reason to take a different view than the learned trial judge had taken, appreciating and evaluating the testimony of the witness Natvarlal Shankarlal, who had last seen the deceased with the accused. We have, therefore, no reason to take a different view than the learned trial judge had taken, appreciating and evaluating the testimony of the witness Natvarlal Shankarlal, who had last seen the deceased with the accused. One legal missile is sought to be levelled against the testimony of prosecution witness Natwarlal, by advancing the plea that, his statement came to be recorded by the police, after 37 days of the occurrence of the incident in question, was, prima facie, the submission that, the statement is recorded very late, and therefore, the credibility is very much affected, is in our opinion, quite ingenious but not acceptable, in the peculiar circumstances emerging from the record of the present case. No doubt, the Investigating Officer, and more so, in a case like this, where a person is a neighbour, the statement is required to be recorded at the earliest point of time. However, there cannot be a proposition that in any case, when the statement is recorded late, the testimony of the witness deserves to be discarded. If the prosecution could, successfully explain and account for the delay, in recording the statement, it is necessary to be examined. ( 12 ) IN our opinion, the reasons assigned by the trial court, in accepting the testimony, despite the late recording of the statement, by the police, of witness Natwarlal Shankarlal, are quite weighty and acceptable. Be it noted at this juncture that, initially, the case was noticed to be an accidental death, and that, it was believed that an old helpless lady, residing in her own house, sustained burnt injuries and thereafter fell on the ground and sustained head injuries, and must have been circumvent to the same. The manner and the mode, in which, the disappearance of the evidence of the murder, and the manipulation of creating evidence of accidental death, in respect of a helpless aged lady, living alone in a bungalow, at night time, is nothing, but heart stealing and ghastly act, and that too, brutal action, the observations of the trial court in this behalf in the impugned judgment, could not be dislodged. Despite marathon submissions made by the learned counsel for the appellant - convict, we are in agreement with the views and the observations made by the learned trial court judge in accepting the testimony of Natwarlal, despite late recording of his statement, by the police. Despite marathon submissions made by the learned counsel for the appellant - convict, we are in agreement with the views and the observations made by the learned trial court judge in accepting the testimony of Natwarlal, despite late recording of his statement, by the police. Since, initially, the whole case was taken as an accidental death, but after the post mortem report when the cause of death was asphyxia due to throttling, the suspicions started. Since, no direct evidence was available, the police was, during the course of investigation on the basis of the complaint lodged by the son of the deceased - Mahesh, went on collecting various clues, recording statements, it was when Mahesh came out with two cheques of accused, given to the deceased, duly signed by him, the needle of suspicion turned to the accused K. Lal. ( 13 ) IT was thereafter, the police started investigation in that direction and in the peculiar facts and circumstances, the statement of Natwarlal, though he is a neighbour, came to be recorded very late. No doubt, it can be argued that, why the witness Natwarlal did not come to the court and narrate the incident of having seen the accused in the company of the deceased in the previous night between 8. 00 and 8. 30 p. m. , where, ordinarily, such a gesture, would not be resorted to by an ordinary folk or a person, for variety of reasons. Again, when no other the remotest insinuation is there, in the cross examination of the witness Natwarlal, that there was some enimity between accused and the witness. ( 14 ) IN absence of any reasons adverse to the interest of the accused, why a witness, who is a natural witness, who is very close to the venue of the offence, who had witnessed the presence of the accused for about 5 to 7 minutes when the house was in the dark and the witness Natwarlal, in the light of his electric bulb in the house, which is, hardly, at a distance of 20 feet, he could not be branded as a chance witness, he should not be branded as an interested witness; he should not be characterised as a partition witness. Therefore, in our opinion, his evidence has remained, totally, unshaken his evidence, in our opinion, is quite reliable and trustworthy. Therefore, in our opinion, his evidence has remained, totally, unshaken his evidence, in our opinion, is quite reliable and trustworthy. It was he, who had seen last the accused in the house of the deceased, and on the next day morning, the dead body was found. His evidence, even `ipso facto, could be taken as a strong piece of evidence, to connect the accused with the culpability, he is charged with, in the peculiar fact and circumstances emerging from the record. Therefore, his evidence, is rightly relied on and we subscribe to the view taken by the trial court in placing the reliance on his testimony. Obviously, now it will bring us to the appreciation of various other circumstances, which are relied on by prosecution, and which are accepted by the trial court, in passing the conviction against the accused, for having committed the offences under Sec. 302, 301, 394 and 449 of the Indian Penal Code. We would like to highlight the material and important circumstances, which have created a complete chain of circumstances, leaving no any hypothesis indicating even the remote innocence of the accused. Following are the circumstances, which are very relevant and material. (1) Evidence of witnesses, who immediately rushed to the scene of offence, the bungalow of the deceased - Kantaben, had noticed mark on the face, injuries on the head, and partly burnt hair of the head. The type and the nature of the marks of the injuries, on the person of the deceased were suggestive of throttling, but, this aspect, itself, may not be sufficient. (2) The cause of death, as found by Medical Officer Dr. Yadav, who had conducted the autopsy, is asphyxia due to throttling, and such injuries, on the neck portion and chest portion of the deceased. Post mortem report - Exh. 9 Col. No. 7 is also a telling and illustrative testimony, showing the marks on the neck, on the parietal part, on the chest portion, of the person of the deceased. Marks of injuries on the neck and the chest are suggestive of an act of throttling while sitting on the chest, and pressing the neck, there is no reason to disbelieve the evidence of an expert Dr. Yadav, who conducted the post mortem examination. His evidence, and post mortem report Exh. 9, is established. It is fairly testified by Dr. Marks of injuries on the neck and the chest are suggestive of an act of throttling while sitting on the chest, and pressing the neck, there is no reason to disbelieve the evidence of an expert Dr. Yadav, who conducted the post mortem examination. His evidence, and post mortem report Exh. 9, is established. It is fairly testified by Dr. Yadav that, the injuries sustained, except the burning of heir, which were of neck, left portion of the head and parietal regions, were anti mortem, and were possible by the act of throttling. There is no manner of doubt about the testimony of Dr. Yadav and Post mortem report - Exh. 9, that deceased by Kantaben, aged about 75, was done away with an oblique motive in her house, when she was in a helpless condition. ( 15 ) EVEN in the inquest report, produced at Exh. 4, clearly goes to show that, there were marks of injuries on the neck. Sec. 174 of the Code of Criminal Procedure, provides statutory provision for preparing the inquest panchnama. The question, may arise, as to what is the evidentiary value of inquest panchnama. No doubt, it be noted, and we are conscious, of the proposition that the inquest report, ipso-facto, could not be treated as substantive evidence, and same can be taken into account for testifying the veracity of the witnesses. The object of the provisions u/s 174 of the Cr. P. C. is mainly to ascertain, when a person had died under suspicious assaults or not? If so, what is the apparent cause of the death? Nonetheless, the purpose of preparing an inquest report upon the commencement of the investigation by the independent Police Officer, under Sec. 174 of the Cr. P. C. is to find out, prima facie, whether a person had died under suspicious circumstances or unnatural death, and in such circumstances, what could be the cause of death. In this connection, the inquest report clearly goes to show that there were marks of injuries on the neck. The inquest report is produced at Exh. 87. No doubt, the mere mentioning of such injuries, does not establish a link with the author of the injury, but, one thing, could, safely be concluded that, the deceased by Kantaben, aged about 75, on the unfateful night, of 8. 4. 1994, was assaulted, looted and strangulated. The inquest report is produced at Exh. 87. No doubt, the mere mentioning of such injuries, does not establish a link with the author of the injury, but, one thing, could, safely be concluded that, the deceased by Kantaben, aged about 75, on the unfateful night, of 8. 4. 1994, was assaulted, looted and strangulated. This is one of the important circumstances. Accused K. Lal, was a friendly visiting terms with the deceased Kantaben. It is also found that, he was having some monetary transactions with the deceased. Two cheques were found from the religious book of the deceased some time after the incident occurred by Mahesh, the son of the deceased, are proved to be the cheques signed and given by the accused to the deceased. Exh. 67 and Exh. 78 of the two cheques, written by the accused and given to the deceased, which obviously, would lead to irresistible inference of money transactions, between the deceased and the accused. She had also to take an amount of Rs. 10,000. 00 from the accused, as per the evidence on record. Nothing has been brought on record, to show as to why, these two cheques, exhibits 67 and 78, came to be traced from the religious book of the deceased by Kanta from her house by her son Mahesh. This is again, one of the important links, leading to the guilt of the accused. Not only that, the accused though, was, closely, connected and having cordial relations with the deceased, as well as, her husband Mangaldas, he did not come to her house to console the son, and the daughter of the deceased, but as per the evidence on record, he was absconding. It is, established without any doubt that accused, immediately on the day after the incident, was absconding from Modasa town, which was the venue of the offence, and he was found by the Ellisbridge Police, 33 days after the incident. ( 16 ) WHAT was the reasons for him, to hide himself? What was the reason for him to abscond from the place, where he is running Sundaram Printing Press, and he is the sole proprietor, thereof in Modasa. Thus, the aspect of abscondence, of course, individually, could not be said to be a strong circumstance, leading to show the guilt of the accused. What was the reason for him to abscond from the place, where he is running Sundaram Printing Press, and he is the sole proprietor, thereof in Modasa. Thus, the aspect of abscondence, of course, individually, could not be said to be a strong circumstance, leading to show the guilt of the accused. But, it has to be examined and appreciated in the light of the entire factual scenario and followed by all other circumstances, complete the chain. Again, there is no explanation, in his statement u/s 313 of the Cr. P. C. on this point. Not only that the accused was under heavy debts and, therefore, had to enter into Bank over draft facility transactions with Modasa Nagarik Sahakari Cooperative Bank. He had, therefore, borrowed money on pledging the security in the form of Kisan Vikas Patra. Only some time before the incident occurred, there were accounts in Cooperative Bank, at Modasa, as well as, in Bank of Baroda. The monthly transaction with Bank of Baroda and availing the facility of over draft upon the pledgement of Kisan Vikas Patra, are not only admitted by the accused in his statement u/s 313 of the Cr. P. C. , but it is established beyond reasonable doubt by the prosecution. Cooperative Bank, Modasa, Manager Mr. J. C. Mehta, was examined, at Exh. 77. He has, clearly, stated in his evidence that the accused is the proprietor of Sundaram Printing Press, and his Account No. is 15. The Exh. 78, cheque was of Rs. 5,000 and it was found along with another cheque at Exh. 67, from the religious book of the deceased in her house after the incident occurred. There is no dispute, therefore, about the withdrawal of money from the Bank by way of over draft facility on pledging of Kisan Vikas Patra, for the value of Rs. 10,000. 00 in the name of the accused and Rs. 10,000. 00 in the name of his wife Hansa. ( 17 ) THE evidence of Bank Manager, is quite reliable. Modasa Cooperative Bank Manager - Dahyabhai Valabhai at Exh. 66, in whose bank, the accused had an account. He brought the original specimen copy and proved the signature of the accused. 00 in the name of the accused and Rs. 10,000. 00 in the name of his wife Hansa. ( 17 ) THE evidence of Bank Manager, is quite reliable. Modasa Cooperative Bank Manager - Dahyabhai Valabhai at Exh. 66, in whose bank, the accused had an account. He brought the original specimen copy and proved the signature of the accused. It is, therefore, clearly established that the two cheques which were found from the house of the deceased after the incident by his son Mahesh, were written by the accused, and given by the accused and, obviously, therefore, there must be some monetary transactions, between the deceased and the accused. ( 18 ) THERE is one another important circumstance, which needs narration and emphasize. The incident occurred on 8. 4. 1994. It is the prosecution case, which is held to be established that, the accused after committing offences, took away the four golden bangles and the golden chain, from the person of the deceased by Kantaben. First, he entered into the house of the deceased, at a time, when it was late evening, he managed to see that the electric supply was cut off, and with the help of torch, he went into the house. After committing the act of murder, he robbed the dead body, and took away the golden ornaments, and went to goldsmith on the very next day, who was his known person, melted the golden ornaments, and the melted golden ingot known as "renis" took to the goldsmith, prosecution witness Parasmal, and sold the Renis, weighing about 95 grams, in exchange of Rs. 35,000. 00. Prosecution has, successfully, proved by leading the evidence of Parasmal, prosecution witness No. 11, Exh. 33. Of course, he has turned hostile, and has tried to support the accused, but it is, rightly, stated that, man may lie, but, the circumstances and documents may not. It is very clear from the evidence of Bill Exh. 34, which is dated 9. 4. 1994, and entry in the cash book Exh. 36 and resultant relevant entry in the ledger, which is produced at Exh. 37. That the gold bar or melted golden renis, which were two in number, one weighing 65 grams and the other 30 grams, in all, 95 grams, were sold to witness Parasmal, by the accused on the very next day and he got Rs. 35,000. 00 cash. 36 and resultant relevant entry in the ledger, which is produced at Exh. 37. That the gold bar or melted golden renis, which were two in number, one weighing 65 grams and the other 30 grams, in all, 95 grams, were sold to witness Parasmal, by the accused on the very next day and he got Rs. 35,000. 00 cash. There is no reason to disbelieve the documentary evidence, which was prepared and placed at the relevant time. The prosecution witness No. 11 - Parasmal, has failed to support the accused, though he made attempts, as he was declared hostile, but, after the documentary evidence, which was recovered and collected by the Investigating Officer from the shop of the Goldsmith - Parasmal, speaks volumes about the transactions, which was entered into by the accused with the goldsmith - Parasmal, and as a result of which, selling Renis 95 grams, got Rs. 35,000. 00 on the very next day after the incident. Of course, the prosecution witness No. 10 - Bipinchandra Ambalal Soni, was also goldsmith, has not supported the prosecution. It was borne out from the record that it was he, to whom the accused immediately after the incident, went with the golden bangles and chain of the deceased, got melted in the form of Renis, and they were in two pieces, which in turn, sold to the prosecution witness No. 11 Parasmal, which was weighing 95 grams and accused was paid an amount of Rs. 35,000. 00 by the witness Parasmal. This is again a very important circumstance indicating the guilt of the accused. Not only that, the amount which, accused received out of the sale of the gold, which was melted out of the golden ornaments of the deceased by Kantaben, who was aged 75 years, who was looted after finishing her life, since he was in heavy debt, he had gone to the concerned bank and deposited an amount of Rs. 22,101. 00 towards repayment of advance taken on pledging the Kisan Vikas Patra, which were in the name of the accused, and his wife Hansa. These circumstances also speak volume about the conduct of the accused. ( 19 ) THE circumstantial evidence relied on by the prosecution, does not rest here. There are also other circumstances, which also support the prosecution case and turned the needle of culpability at accused and nobody else. These circumstances also speak volume about the conduct of the accused. ( 19 ) THE circumstantial evidence relied on by the prosecution, does not rest here. There are also other circumstances, which also support the prosecution case and turned the needle of culpability at accused and nobody else. It is very clear from the evidence of the prosecution in chain and from the evidence of the prosecution witness, No. 19 Mahesh, son of deceased, - Exh. 54, i. e. father Mangaldas, the husband of the deceased by Kantaben, 3 to 4 years, prior to the incident, with whom the accused had friendly relations, he used to visit the house of the deceased, even after, the death of Mangaldas, he continued the friendly and cordial relationship with the deceased. He had also entered into monetary transactions. There is no reason, why this evidence of son Mahesh, should not be believed. It was he, who found the cheques written by the accused from the religious book of the deceased after a long time, immediately, he lodged the complaint, and thereafter, the investigation was attracted upon the accused, as there was strong suspicion. The Investigation Officer also had sent these two documentary evidence signed by the accused to the Hand Writing Expert. The prosecution witness No. 33 Dahyabhai Maganbhai Patel, who was examined at Exh. 89, who is handwriting expert, in whose evidence, the signature of the accused is established on the documentary evidence Exhibits 91 and 92. It is very clear from his testimony and his expert opinion that the cheques - Exh. 67 and 78 and specimen signature were in the hands of the accused K. Lal. It is therefore, evident that the documentary evidence filed in the form of cheques, signed by the accused and given to the deceased, obviously, pursuant to some monetary transactions, are proved to be in the hands of the accused, even by, the evidence of hand writing expert. ( 20 ) THERE is one another important aspect which constitutes a vetripotent circumstance, indicating the complicity of the accused. Accused had sustained injury. In fact, he had sustained three injuries on the left portion of the wrist, which, according to the Medical Officer, were possible by biting the nail. Obviously, when the person, who is attacked and sought to be strangulated, would try to save the life, and in that process, would also bite nail. Accused had sustained injury. In fact, he had sustained three injuries on the left portion of the wrist, which, according to the Medical Officer, were possible by biting the nail. Obviously, when the person, who is attacked and sought to be strangulated, would try to save the life, and in that process, would also bite nail. Of course, unfortunately, in the present case, the victim was advanced age of 75, whereas, the accused was in his 50s, she could not have been able to over power, but, the deceased must have tried, vainfully and painfully, to save her life, and in that process, caused nail bites. As per the medical evidence, the injuries sustained by the accused were possible by nail bites. It has not been explained as to why, the injuries are only on the left hand of the accused followed by other two abrasions below injury No. 1. The medical certificate - Exh. 65 is proved in the evidence of prosecution witness No. 23 Exh. 67 Dr. M. C. Patel. Of course, there are some witnesses, who have obliged the accused and, therefore, they are declared to be hostile. As such, the concept of hostile witness is not statutorily defined or provided. But a person, who is called as a witness and party is required to be cross-examined, is popularly known as a hostile witness. It may be stated at this stage that merely because a person, who is declared hostile on certain aspect, it is not the proposition of law that, the entire testimony should be discarded while appreciating the entire evidence of the prosecution. It is found from the evidence that, accused who was running and who was proprietor of Sundaram Printing Press in Modasa, had left his press on the unfateful day for the deceased around 2. 30 p. m. and did not return till 9. 30 p. m. The prosecution witness - only servant of accused - Mahipalsinh Javansinh PW 26 - was examined at Exh. 69. It is also very clearly testified by him that after the incident occurred on 8. 4. 1994, his master - accused K. Lal, did not come to the printing press for a period of almost 25 days and, therefore, he was required to conduct the proceedings of the press single handedly. So, absence of accused from the press after 2. It is also very clearly testified by him that after the incident occurred on 8. 4. 1994, his master - accused K. Lal, did not come to the printing press for a period of almost 25 days and, therefore, he was required to conduct the proceedings of the press single handedly. So, absence of accused from the press after 2. 30 p. m. on the day of the incident, and he returned in the night at 9. 30 p. m. , is again an indicative and important circumstance showing the attending guilt of the accused as one of the circumstances. The prosecution has, therefore, rightly relied on it. Incidently, it may also be mentioned that the prosecution Witness No. 25 Mukueshkumar Somabhai, was examined at Exh. 68. Of course, this witness has been declared hostile by the prosecution, but it is very clear from his evidence and he has admitted in the cross-examination that, he had sold two battery cells to the accused between 8. 00 and 8. 30 p. m. 45 days before the incident occurred, as per his statement. As stated hereinabove, the evidence of hostile witness itself, may not be helpful to the prosecution, but, as a supporting and corroborating piece, if found, dependable, can be successfully pressed into service. At this stage, it would be interesting to refer to the relevant principles of law, and the case law, relied on in support of the rival submissions before us. . ( 21 ) IN Chapter-2 of the Indian Evidence Act, the provisions are made as to which are, the relevant facts. Sec. 5 of the Evidence Act provides that evidence may be given of facts in issue and relevant facts. Section 6 pertains to the relevancy of facts forming part of same transaction. In Section 7, an interesting illustration is given : (A) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant. Section 8 provides the Motive, preparation and previous or subsequent conducts is very relevant in establishing the plea propounded in an important case of substantial evidence, constitutes a motive or preparation for any fact in issue or relevant fact. Therefore, it may be expedient to refer it in extenso. 8. Section 8 provides the Motive, preparation and previous or subsequent conducts is very relevant in establishing the plea propounded in an important case of substantial evidence, constitutes a motive or preparation for any fact in issue or relevant fact. Therefore, it may be expedient to refer it in extenso. 8. Motive, preparation and previous or subsequent conducts - Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to any party, to any suit or proceeding in reference to such suit or proceeding or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. Explanation 1 - The word "conduct" in this section does not include statements unless those statements accompany and explain acts other than statements, but this explanation is not to affect the relevancy of statements under any other section of this Act. Explanation 2 - When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct is relevant. Illustration (A) A is tried for the murder to B. The fact that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant. (B) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant. (C) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant. (C) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant. (D) The question is, whether a certain document is the will of A. The facts that, not long before the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate; that he consulted vakils in reference to making the will, and that he caused drafts of other wills to be prepared, or which he did not approve, are relevant. (E) A is accused of a crime. The facts that, either before, at at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant. (F) The question is whether A robbed B. The facts that, after B was robbed, C said in As presence "the police are coming to look for the man who robbed B," and that immediately after wards A ran away, are relevant. (G) The question is, whether A owes B Rs. 10,000. The facts that A asked C to lend him money and that D said to C in As presence and hearing - "i advise you not to trust A, for he owes B 10,000 rupees," and that A went away without making any answer, are relevant facts. (H) The question is, whether A committed a crime. The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal, and the contents of the letter, are relevant. (I) A is accused of a crime. The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. (J) The question is, whether A was ravished. (I) A is accused of a crime. The facts that, after the commission of the alleged crime, he absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. (J) The question is, whether A was ravished. The fact that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant, as a dying declaration under Sec. 32 (1), or as corroborative evidence under Sec. 157. (K) The question is, whether A was robbed. The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and terms in which the complaint was made, are relevant. The fact that he said he had been robbed, without making any complaint, is not relevant, as conduct under this section, though it may be relevant, as a dying declaration under Sec. 32 Cl. (1), or as corroborative evidence under Sec. 157. ( 22 ) IT is clear from the illustration E and I that the facts that, after the commission of the alleged crime, he absconded, or was not in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things, which were or might have been used in committing it, are relevant. No doubt, motive is not required to be established by the prosecution. In other words, it is not a sine-quo-non for the prosecution to succeed in proving the culpability of the crime. However, when direct evidence is not available, and when the case rests entirely on circumstantial evidence, the relevant acts, materials aspects, the conduct of the person, as elaborately stated in Sec. 8 of the Evidence Act, must be considered. In other words, it is not a sine-quo-non for the prosecution to succeed in proving the culpability of the crime. However, when direct evidence is not available, and when the case rests entirely on circumstantial evidence, the relevant acts, materials aspects, the conduct of the person, as elaborately stated in Sec. 8 of the Evidence Act, must be considered. In this context, the reliance is placed on a decision, which is known and celebrated on the point of the degree and extent of the circumstantial evidence, to prove the guilt of the accused, in the case of SHARAD BIRDHICHAND SARDA vs. STATE OF MAHARASHTRA, reported in AIR 1984 SC 1622 , are the parameters and the principles for the evaluation of the circumstantial evidence are very well propounded extensively and very well settled. In this decision, it is, therefore, laid down to prove the guilt of the accused by way of circumstantial evidence, the following conditions must be fulfilled : (I) The circumstances from which the conclusion is drawn must be fully proved and established; (II) The facts established must be consistent with the hypothesis of the guilt of the accused and in consistent with the innocence of the accused; (III) The circumstances must be conclusive nature and tendency, so that the established facts exclude every possible hypothesis except the guilt of the accused; and (IV) The established facts will indicate chain of events so complete as not to leave any doubt for the conclusion that in all human probability the crime could have been committed by accused and no one else. The proposition, on which reliance is placed, is very well established and it is, therefore, imperative on the part of the prosecution to prove the guilt of the accused beyond reasonable doubt by leading circumstantial evidence, the chain, which should be so complete as that there should not be any possibility of innocence of the accused. If the whole chain is completely established, the accused could be punished on the basis of the circumstantial evidence. ( 23 ) IN the light of the aforesaid propositions, principles and parameters, propounded for the evaluation and the analysis of the circumstantial evidence, the facts of the each case are required to be meticulously and minutely examined. If the whole chain is completely established, the accused could be punished on the basis of the circumstantial evidence. ( 23 ) IN the light of the aforesaid propositions, principles and parameters, propounded for the evaluation and the analysis of the circumstantial evidence, the facts of the each case are required to be meticulously and minutely examined. As we have stated, hereinabove, after having taken into account the, threadbare, the rival submissions and evidence of the relevant proposition of law, that the prosecution, in the present case, has succeeded in creating a complete chain, leaving no any missing link and even no any hypothesis, which would even remotely point out the innocence of the accused. In LAXMAN NAIK vs STATE OF ORISSA, reported in AIR 1995 SC 1387 , even on the basis of circumstantial evidence, that the Death penalty was upheld by the Honble Apex Court and in which, again the principles are reiterated. In that case, the following circumstances were taken into consideration to prove the guilt of the accused. [ (I) The accused left funeral ceremony with the deceased Nitma; (II) The accused and the deceased were seen together for the last time near Chhotsima jungle while they were proceeding towards village Tangarjoda; (III) The accused alone reached his house at Tangarjoda and gave false statement with regard to where about of Nitma to her parents; (IV) The accused misrepresented about the fact of missing of Nitma to his mother and elder brother; (V) The accused escaped from the house and absconded when extensive search of the Chhotsima jungle was taken up by the villagers; (VI) The serious bleeding injury in the private parts of the deceased was found. The medical opinion about cause of death after sexual assault was established. The blood stained underwear of the accused was seized from near the dead body and identified by the mother and elder brother of the accused; (VII) The evasive reply was given by the accused when he was asked about the incriminating evidence against him during his examination under Section 313 of the Cr. P. C. ] In so far as the evaluation and the appreciation of the evidence is concerned, as stated hereinbefore, the term "hostile Witness" does not appear in the Indian Evidence Act. P. C. ] In so far as the evaluation and the appreciation of the evidence is concerned, as stated hereinbefore, the term "hostile Witness" does not appear in the Indian Evidence Act. When any witness is permitted by the Court to be examined by the party, who called him, the witness is popularly called hostile witness. Obviously, this permission is granted by the court in the exercise of its judicial discretion in the light of the provisions of Sec. 154 of the Indian Evidence Act. If such permission is granted, then the party which called the witness, shall have the right to ask any question including leading question, which could have been asked by the adverse party. Not only that, if the Court knows from the evidence, demeanour, temper, attitude, tenor and tendency of answering the questions, from perusal of previous inconsistent statements of the witness that grant of permission is expedient to extract the truth and to do justice, the court is fully empowered to do so in the light of the provisions of Section 154 of the Indian Evidence Act. ( 24 ) IT may, therefore, be recalled, simply because the witness has been declared hostile, his testimony does not become, totally, unreliable on that count. The evidence given by such witness remains admissible and there is no legal bar to pass a conviction upon his testimony, if corroborated by other reliable dependable, creditworthy evidence. This proposition is very well laid down by the Honble Apex Court in STATE OF U. P. vs. RAMESH PRASAD MISHRA, reported in AIR 1996 SC 2766 . It has been succinctly laid down that the evidence of a hostile witness should not be, totally, rejected, if spoken, in favour of the prosecution or accused, but it can be subjected to close scrutiny and that portion of the evidence, which is consistent with the case of the prosecution or defence, may be accepted. It is in this context, the evidence of three hostile prosecution witnesses, namely, prosecution witness No. 25, Mukeshkumar Somabhai, the servant of the accused, who was in-charge of the Sundaram Printing Press and he was the only servant, in whose evidence, it was brought out that the accused had purchased two battery cells between 8. 00 and 8. 30 p. m. He also admitted that he deals with the business of selling batteries. 00 and 8. 30 p. m. He also admitted that he deals with the business of selling batteries. Like wise, prosecution witness No. 26 Mahipattsinh Javansinh Exh. 69, who was the servant of the accused, in whose evidence, it has been brought out that on the day of incident, his master had left around noon at 2. 30 p. m. and did not return till 9. 30 p. m. It is relevant time and it is found from the evidence on record coupled with the medical evidence, that the death of Kantaben had occurred during that period. ( 25 ) WHAT is the standard of proof required to convict a person on circumstantial evidence, the circumstances relied upon in support of the conviction, must be fully established, and the chain of evidence furnished by those circumstances, must be so complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused. The circumstantial evidence in terms of Section 3 of the Evidence Act is also very well established and very well propounded in LAXMAN NAIK v. STATE OF ORISSA, reported in AIR 1995 SC 1387 . This was also a case of circumstantial evidence. 4 circumstances were relied on by the prosecution and they were found to be established against the accused, complete chain not to leave any reasonable ground, for a conclusion consistent with the hypothesis of the innocence of the accused. On the contrary, the circumstances from which the conclusion of the guilt is to be drawn, have not only to be fully established, but also that, all the circumstances so established, should be of a conclusive nature and consistent only with the hypothesis of the guilt of the accused, and should not be capable of being explained by any other hypothesis, except the guilt of the accused and when all the circumstances cumulatively taken together, should lead to the only irresistible conclusion that it was accused, and he alone, who had committed the murder of Nitma, after subjecting her to forcible sexual intercourse. The four circumstances which were relied on by the prosecution are highlighted namely, the evidence related to the injury on the deceased and seizure of incriminating articles. The four circumstances which were relied on by the prosecution are highlighted namely, the evidence related to the injury on the deceased and seizure of incriminating articles. ( 26 ) IN absence of any direct evidence on the very those two circumstances, one another circumstance, which was relied on by the Honble Apex Court, as the manner and conduct, in answering the reply in further statement by the accused u/s 313 of the Cr. P. C. It may be noted that in the present case also in so far as the heavy indebtedness and resultant drawal of money from the Bank on the strength of Kisan Vikas Patra, and also the cheques found from the religious book of the deceased by Kanta, long after the incident, by Mahesh and produced in the evidence are admitted to be in the hand writing of the accused stated in his statement u/s 313 of the Cr. P. C. It is, very, interesting to mention that the one of the circumstances, which was relied on by the Honble Apex Court, in above case against the accused was, his conduct in giving answer at the time for further statement u/s 313 of the Cr. P. C. Reliance is also placed in the case of PREM THAKUR vs. STATE OF PUNJAB, reported in AIR 1983 SC 61 . In a criminal trial, when the reliance is only of circumstantial evidence, what are the principles to be followed are elaborately highlighted. ( 27 ) THE complete chain is established or not, depends upon the facts of each case, and in the present case, we have found that the prosecution has, successfully, established the complete chain of circumstances, leaving no any hypothesis showing the innocence of the accused. On the contrary, it is established beyond reasonable doubt by the chain of circumstances that the author of the crime in question is accused and nobody else. After having taken into serious consideration the entire testimonial collection and the documentary evidence, relied on by the prosecution, and the complete chain of circumstances established, there is no any manner of doubt that the appellant - original accused is guilty for the offences u/s 302, 201, 394 and 449 of the IPC. In the present case, we are fully convinced that the impugned judgment and order of the trial court is fully justified, and is required to be affirmed. In the present case, we are fully convinced that the impugned judgment and order of the trial court is fully justified, and is required to be affirmed. It is successfully established without any set of doubt on the basis of circumstances that the appellant - accused, and nobody else committed the heinous crime. Evidence on record, undoubtedly manifested how diabolically the accused had conceived as if he is a professional murderer and his plan and brutally executed by surreptitiously entering into the house, in the late evening, of a widow, aged about 75, residing alone in Mangalsmurti Bungalow, and that too in Arunodaya Society, as stated hereinbefore, by the diabolical plan of the accused after strangulating the old lady, who was helpless, aged about 75, stealing the golden ornaments and disappearing the evidence of murder and manipulating the case of accident by burns, committed serious crime, as such, which unfortunately, for the aged, old, almost 75 widow, turned out to be `amangal day in Aurnodaya society. We have no any doubt about the ghastly killing and macabre murder and that too for pecuniary gain taking undue advantage of loneliness of an old lady of 75 after robbing her of her gold ornaments by throttling and created a false evidence and screen the real offence. His culpability is proved beyond doubt and we are in full agreement with the views and ultimate conclusions recorded. Therefore, we affirm the same and uphold impugned conviction and sentence order while rejecting conviction appeal being totally meritless. Appeal is, therefore, dismissed being totally meritless. .