Judgment N.N. Mathur, J.-The factual matrix leading to the instant Murder Reference made by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar for confirmation of death sentence awarded to the accused Jamil Khan, a young man of 19 years of age, give an account of sex maniac, who libidinously ravaged a tinny girl aged 4 to 5 years and finished her off . Learned Special Judge vide his Judgment dated 15.04.2004 having found the charge of rape and murder proved against the accused Jamil Khan, convicted him for the offence under Section 302, IPC and sentenced to death. He has made Reference to this Court for confirmation of death sentence in accordance with the provisions of Section 366, CrPC. 2. Accused Jamil Khan, hereinafter referred to as "appellant" has also preferred the appeal through jail, which has been registered as D.B. Criminal Jail Appeal No. 425/2004 challenging his conviction and sentence awarded as follows:- 302 IPC : Sentenced to death; 376 IPC : Sentenced to life imprisonment and to pay a fine of Rs. 2,000/-and in default, to further undergo two months S.I.; and 201 IPC : Sentenced to 3 years R.I. and to pay a fine of Rs. 500/-and in default, to further undergo one months S.I. The sentences awarded for the offence under Sections 376 and 201, IPC have been ordered to run concurrently. 3. The appellant has been provided the services of Amicus Curiae Shri Vineet Jain, Advocate, at the State expenses. He has been provided-with a copy of the paper book of the case and time to prepare the case. 4. Brief facts as unfolded during trial are that PW. 1 Puran Ram, father of deceased Pooja aged 4 to 5 years, lived in Ward No. 17 of Village Anoopgarh in a rented house alongwith his family consisting of his wife PW. 4 Harimati and deceased girl Pooja aged 4-5 years. The appellant was his neighbour. On 212.2002 when PW. 1 Puran Ram returned to the house at about 6.00 p.m., his wife PW. 4 Harimati reported and their daughter Pooja was playing outside the house at about 11.00 a.m. but she was not seen after 12.00 Noon. The search did not yield any trace of missing girl. He informed the police and also made an announcement about missing of the girl by means of drum beating (Munadi). While PW.
4 Harimati reported and their daughter Pooja was playing outside the house at about 11.00 a.m. but she was not seen after 12.00 Noon. The search did not yield any trace of missing girl. He informed the police and also made an announcement about missing of the girl by means of drum beating (Munadi). While PW. 1 Puran Ram was in search of the missing girl, a message was received at the Railway Station, Anoopgarh from PW. 9 R.K. Mudgal, a Guard on passenger train to the effect that at Railway Station, Vijaynagar, an unclaimed bag was found lying in Coach No. 14586. The train arrived at Anoopgarh at 6.45 p.m. Assistant Station Master, Anoopgarh informed the G.R.P., Railway Station, Sri Ganganagar. As it was Border area, he gave the information about the suspicious article lying in the Coach to the Police and the Army as well. The Coach was detached and parked in the yard as per the instructions received from Railway Traffic Control. In the morning, PW. 9 Ganga Singh, Sub-Inspector, Police Station G.R.P., Sri Ganganagar reached on the spot. He found the bag lying beneath the seat. He got the bag removed from the Coach and brought at the platform. The bag was got opened. Inside the bag, there was another plastic Katta (sack). On opening the plastic Katta (sack), the dead body of a tinny girl was found wrapped in a towel (Gamchha). The hands and legs were tied by a string. There was frock on the deadbody, but without underwear. There was swelling on her private parts. The dead body was identified as that of Pooja by her parents. A case was registered on 212.2002 at Police Station G.R.P., Sri Ganganagar for the offence under Sections 302, 376 and 201, IPC vide F.I.R. Exhibit P-26. The Medical Board consisting of three Doctors conducted autopsy on the deadbody of deceased Pooja vide Exhibit P-50. The Doctors found ligature marks around the whole neck and abrasions on the neck and legs. The genital part was found blood stained. The hymen was ruptured. It would be convenient to extract the injuries noticed by the Medical Board on the person of deceased Pooja as follows:- "Ext.
The Doctors found ligature marks around the whole neck and abrasions on the neck and legs. The genital part was found blood stained. The hymen was ruptured. It would be convenient to extract the injuries noticed by the Medical Board on the person of deceased Pooja as follows:- "Ext. genital part blood stained and vaginal bleeding present, vaginal tear (2nd degree) extend upto anal orifice postrly, hymen rupture, cervix admit one finger loose, vaginal smear is taken, send for FSL and slide is prepared from vaginal secretion, send for FSL. 1. Ligature mark 1 cm. x 0.5 cm. deep is present around the whole neck below the thyroid cartilage, base is brownish Red dry parchment lobe appearance on cut sectioned the sub cut tissue beneath the ligature mark is echymosed; 2. Abrasion - 3 cm. x 0.2 cm. in size three in number parallel to each other, vertical position mid of the neck antrly below the ligature mark; 3. Ligaturemark 1 cm. breadth is present on antero lateral and post part of middle of both leg, this mark is post mortem in nature. Injury No. 1 and 2 ante mortem in nature." 5. In the opinion of the Medical Board, asphyxia due to strangulation was the cause of death. The vaginal smear and slide was sent to the Forensic Science Laboratory for ascertaining the presence of spermatozoa. Appellant was arrested on 212.2002 vide Exhibit P-28. Pursuant to the information vide Exhibit P-29, the place of occurrence was inspected on 212.2002. On search, incriminating articles were seized. In pursuance of the information given under Section 27 of the Evidence Act, incriminating articles viz; the blood stained pant, shirt and other clothes were also recovered. As per the F.S.L. Report, they have been found smeared with human blood. On the same day, the scene of crime was also inspected by the Assistant Director and Incharge of the F.S.L., Jodhpur alongwith his team. The team observed that the alleged place of crime was a room coated with cow dung, used as store. It was disturbed. Blood stains were visible on floor of the room in one corner. Few peanuts were scattered on the floor. A plastic ball was also present. The team took photographs of location of the house, close view showing blood stained floor (soil), blood stained shirt, blood stained plastic bag, baniyaan etc.
It was disturbed. Blood stains were visible on floor of the room in one corner. Few peanuts were scattered on the floor. A plastic ball was also present. The team took photographs of location of the house, close view showing blood stained floor (soil), blood stained shirt, blood stained plastic bag, baniyaan etc. On the basis of the observations made, the team prepared its report Exhibit P-35. In the opinion of the team, the room could be the place of alleged crime. After usual investigation, the police laid charge-sheet against accused Jamil Khan for the offence under Section 302, 376 and 201, IPC. 6. Before the trial commenced, an enquiry was conducted with regard to age of the appellant to verify, if he was a juvenile to be death with under the provisions of Juvenile Justice Act, 2000. The Court recorded the statements of Dr. Inderpal Singh and Dr. Ved Prakash. By order dated 110.2003, the Court held that the age of the accused Jamil Khan was above 19 years of age, as such, not a juvenile. 7. Appellant pleaded not guilty and claimed trial. The prosecution in support of the case adduced oral and documentary evidence. We have, with the assistance of the learned Counsel, perused the documents and testimony of 14 witnesses. 8. PW . 1 Puran Ram is the father of deceased Pooja. He stated that on the fateful day, when he returned to the house at about 6.00 p.m. after having finished his job at Gurukripa Furniture House, he was informed by his wife PW. 4 Harimati that their daughter was missing since 12.00 Noon. He informed the police and went in search of her. He came to know that the dead-body of a girl has been found in a bag lying at the Railway Station. He alongwith his wife rushed to the Railway Station and identified the dead-body as that of their daughter Pooja. A blue colour bag was lying near the dead body. When Pooja left the house, she was wearing a frock and underwear, but underwear was missing and dead-body was naked with frock smeared with blood. The hands and legs of the dead body were tied by a string. 9. PW. 2 Charanjeet Singh stated that he had known Puran Ram as well as the appellant Jamil Khan.
When Pooja left the house, she was wearing a frock and underwear, but underwear was missing and dead-body was naked with frock smeared with blood. The hands and legs of the dead body were tied by a string. 9. PW. 2 Charanjeet Singh stated that he had known Puran Ram as well as the appellant Jamil Khan. On the date of incident at about 11.30 or 12 Noon while he was returning from the Railway Station, he had seen the appellant proceeding towards his house from the side of Railway Station with a white Katta (sack) on shoulder and blue bag in hand. On the same evening, he came to know about disappearance of Pooja, daughter of Puran Ram. Next day in the morning he came to know that the dead body of a girl has been found in a bag at the Railway Station. He went to the Railway Station and found the dead body of Pooja. He knew her, as she often used to visit him. He identified both the bags in the Court stating that they were the same which appellant was carrying with him while proceeding towards his house on the fateful day. Nothing has been elicited in the cross-examination to discredit the testimony of this witness. 10. PW. 3 Mangilal, who runs a shop in the locality where the alleged incident took place, has stated that at about 12.00 Noon, the appellant visited his shop and purchased groundnuts and "Madhu Gutkha". It appeared that he had consumed liquor. At 1.45 p.m., he was seen proceeding towards the Railway Station with a blue bag on his shoulder. He has also given details with respect to recovery of articles from the house of the appellant during investigation. He also identified the blue bag (Article 12) stating that it was the same bag which appellant was carrying while proceeding towards the Railway Station from his house. Inspite of lengthy cross-examination, nothing has been elicited to discredit the testimony of this witness. 11. PW. 4 Harimati is the unfortunate mother of deceased Pooja. She has stated that her daughter was playing outside the house with a ball at about 11.00 a.m. At that time, she was wearing frock and underwear. But at about 12.00 Noon, she was found missing. Thus, she made a search in the neighbourhood.
11. PW. 4 Harimati is the unfortunate mother of deceased Pooja. She has stated that her daughter was playing outside the house with a ball at about 11.00 a.m. At that time, she was wearing frock and underwear. But at about 12.00 Noon, she was found missing. Thus, she made a search in the neighbourhood. She sent a message to her husband with a lady viz; Chhotu but the message did not reach him. Her husband returned at about 6.00 p.m. She narrated the incident of missing of their daughter. Next day in the morning they came to know about the dead body of a girl found in a bag at the Railway Station. They rushed to the Railway Station and found the dead body of Pooja. There is no reason to discredit the testimony of this witness. 12. PW. 9 Dr. R.K. Mudgal was Guard on train No. 4 SA shuttling between Suratgarh to Anoopgarh. He stated that when the train stopped at the Vijaynagar Station for two minutes, the passengers reported that an unclaimed bag was lying beneath the seat in Coach No. 14586. He did not touch the bag, as it was found lying in suspicious circumstances. He sent a message to the Assistant Station Master at the Railway Station, Anoopgarh. The train reached at Anoopgarh at 6.45 p.m. He gave a memo in writing to the Station Master. 13. PW. 8 Ravindra Kumar was posted as Assistant Station Master, Railway Station, Anoopgarh, at the relevant time. He has stated that the train No. 4 SA arrived at the platform at about 6.45 p.m. on 212.2002. The Guard on the train viz; R.K. Mudgal gave a written memo stating that an unclaimed bag was lying beneath the seat in the Coach No. 14586. He immediately gave an information to the Police Station Anoopgarh, Army, Railway Control Room and the Incharge of the Police Station GRP, Sri Ganganagar. He was directed from the Control Room to detach the bogie and park it in the yard. Two police personnel were put on guard on the direction of the S.H.O., Police Station, Anoopgarh. On 212.2002, the Railway Police (G.R.P.) arrived from Sri Ganganagar. The Incharge of the Police Station viz; Ganga Singh took out the bag with the help of certain persons and opened the same. In his presence, the dead body was identified as that of deceased Pooja.
On 212.2002, the Railway Police (G.R.P.) arrived from Sri Ganganagar. The Incharge of the Police Station viz; Ganga Singh took out the bag with the help of certain persons and opened the same. In his presence, the dead body was identified as that of deceased Pooja. He also identified the blue bag (Article 12), white sack (Article 13) and a towel "Gamchha" (Article 16), wherein the dead body was found wrapped. There is nothing to discredit the testimony of this witness. 14. PW. 7 Ram Kumar was at the relevant time Pointsman at the Police Station, Anoopgarh. He has also given the details as to detaching the bogie and taking out the bag from the same. 15. PW. 10 Sohanlal, the Gangman at the Anoopgarh Railway Station, has given the details, as given by other witnesses of Railways. 16. PW. 11 Mohanlal Sharma was incharge of the Malkhana at the GRP Police Station, Sri Ganganagar. He has given the details about receipt of incriminating articles from the Investigating Officer. 17. PW. 6 Ganga Singh is the Incharge of the Police Station, GRP, Sri Ganganagar. He has stated that on receiving the information from the Assistant Station Master, Railway Station, Anoopgarh on telephone to the effect that an unclaimed bag in suspicious circumstances was lying beneath the seat in a Coach. After making an entry in the Rojnamcha vide Exhibit P-20 at about 8.00 p.m., he proceeded to the spot in the early morning at about 4.00 a.m. and reached Anoopgarh at about 6.00 a.m. He got the bag removed from the coach and opened at the platform in the presence of motbirs and other persons. On opening the bag, he found another plastic bag wherein dead body of a teenager aged 4 to 5 years was found wrapped in a towel (Gamchha). The hands and legs of the dead body were tied by a string. He got the string removed. The dead body was naked. There was swelling on the vagina. The deadbody was identified as that of Pooja by PW. 1 Puran Ram and PW. 4 Harimati. The blood stained blue bag was seized vide Exhibit P-23. He also seized the towal (Gamchha) and other articles. After completing necessary proceedings at the platform, he returned to the Police Station and submitted a report Exhibit P-1 on the basis of which the F.I.R. Exhibit P-26 was registered.
1 Puran Ram and PW. 4 Harimati. The blood stained blue bag was seized vide Exhibit P-23. He also seized the towal (Gamchha) and other articles. After completing necessary proceedings at the platform, he returned to the Police Station and submitted a report Exhibit P-1 on the basis of which the F.I.R. Exhibit P-26 was registered. He arrested the appellant on 212.2002 vide Exhibit P-27. The place of incident was identified as per the information given by the appellant vide Exhibit P-29. He was produced before the Railway Magistrate, Bikaner for remand on 212.2002. He was brought back to Anoopgarh. Incriminating articles were recovered from a locked room belonging to the appellant. The incriminating articles were seized and packed on the spot. They were sent for chemical examination to the Forensic Science Laboratory. Thus, he has given the details of the investigation. Nothing has been elicited to discredit the testimony of this witness. 18. PW. 5 Ram Singh and PW. 12 Rajendra Singh are the police witnesses of link evidence to prove that the incriminating articles were delivered in the Forensic Science Laboratory in intact condition. PW. 13 Dr. P.D. Chug, who was one of the members of the Medical Board, conducted the autopsy on the dead body of Pooja. PW. 14 Dr. B.M. Sharma is the Medical Jurist. He examined the appellant vide Exhibit P-51 and found him fit to perform sexual intercourse. 19. In statement under Section 313, CrPC, appellant denied the correctness of the evidence appearing against him. He also stated that he has been falsely implicated because of some incident of quarrel between his parents and that of deceased Pooja. .20. The learned trial Court found the following incriminating circumstances appearing against the appellant, proved:- .(i) After committing rape, Pooja was murdered in the afternoon of 212.2002. Her blood was of group A .(ii) The crime was committed in the house of appellant; (iii) Onthe date of incident, appellant was seen proceeding towards his house from Railway Station at about 11.30 a.m. or 12.00 Noon. At that time, he was carrying in his hand bags of blue colour and another of white colour. The dead body of Pooja was found in the said two bags; .(iv) On the date of incident, appellant at about 12.00 Noon purchased groundnut and "Madhu Gutkha" from the shop of Mangilal. Thereafter, he proceeded towards his house.
At that time, he was carrying in his hand bags of blue colour and another of white colour. The dead body of Pooja was found in the said two bags; .(iv) On the date of incident, appellant at about 12.00 Noon purchased groundnut and "Madhu Gutkha" from the shop of Mangilal. Thereafter, he proceeded towards his house. At about 1.45 p.m., appellant was seen proceeding towards the Railway Station. He was carrying with him a bag of blue colour. In the house of appellant, groundnuts were found scattered; .(v) Theunderwear of deceased Pooja was recovered by the investigation officer from the house of appellant; .(vi) The semen was found on the underwear. Pursuant to the information given by the appellant, pant and shirt which he was wearing at the time of incident, were recovered from the place of incident. The pant and shirt of appellant were stained with human blood Group A. Human semen was also found on the recovered bag. The appellant failed to give any explanation as to the presence of human blood on pant and shirt; (vii) The chappals and the ball belonging to deceased Pooja were recovered from the house of appellant. On search by the Investigating Officer, a sando baniyaan, pillow cover, an old shirt, white bag and a towel of red colour (Gamachha) were seized. Human blood of group A was found on baniyaan, pillow cover, shirt and "gamchha", which tallied with the blood group of deceased Pooja. The controlled soil was lifted from the place of incident by the Investigating Officer, which also found to be stained with human blood. The appellant failed to establish the correctness of the statement given by him; and (viii) Thepresence of human blood of the same group i.e., A and the semen on the clothes of deceased Pooja as well as of the appellant. 21. The learned trial Judge held that the prosecution succeeded in establishing each circumstance by cogent evidence. Taking the circumstances together, the trial Court concluded that it was the appellant and appellant alone, who after committing rape, murdered deceased Pooja. It was also found that after commission of crime, he caused evidence of the offence disappear. Accordingly, the learned Judge held him guilty of offence under Sections 376, 302 and 201, IPC.
Taking the circumstances together, the trial Court concluded that it was the appellant and appellant alone, who after committing rape, murdered deceased Pooja. It was also found that after commission of crime, he caused evidence of the offence disappear. Accordingly, the learned Judge held him guilty of offence under Sections 376, 302 and 201, IPC. In the opinion of the learned Judge, the fact that the appellant committed a heinous crime of committing rape on a teenager girl, betraying the faith of a neighbour to satisfy the sexual lust, and further he did not stop there and even killed the helpless girl, constitutes special reason to fall the case in the category of rarest of rare case, for awarding death sentence. Accordingly, the learned Judge has made the instant Reference. 22. Challenging the conviction, it is urged by the learned Amicus Curiae that the circumstances relied-on by the prosecution, have not been satisfactorily established and that in any event, the circumstances said to be established against the appellant, do not provide a complete chain so as to bring home the guilt. On the other hand, learned Public Prosecutor has supported the Judgment of the learned trial Court. .23. We have scanned, scrutinized and evaluated the entire evidence exhaustively and have also considered the rival contentions. Infact, the circumstances which have been narrated above, are so interlinked in chain of circumstantial evidence that it is difficult to truncate them. No hard and fast rule can be laid down as to what inference would be drawn from a particular circumstance. Broadly speaking, it is the combination of facts creating a network through which a reasonable inference of guilt can be drawn. In Anat Chintaman Lagu vs. State of Bombay, reported in AIR 1960 SC 500 , Hidayatullah J., as his Lordship then was, quoting the observations of Baron Parke in Towells case where the Baron J. laid down the principle applicable to the case, observed that any circumstance which destroys the presumption of innocence, if properly established, can be taken into account to find out if the circumstances lead to no other inference but of guilt.
What one has to see is whether taking the totality of the circumstances which are held to have been proved against the offender, it can be said that the case is established against the offender i.e., facts established are inconsistent with the innocence of the offender and incapable of explanation of any hypothesis other than of guilt. However, for the convenience, the incriminating circumstances appearing against appellant are set out as follows: - .(i) The place of occurrence is the house of appellant adjacent to the house of the victim; .(ii) On the fateful day, exactly at the time the deceased Pooja was reported to be missing, appellant was seen proceeding towards the scene of occurrence with blue bag and white Katta (Sack), wherein on the next day, the dead body of deceased Pooja was found packed; (iii) Thepresenceof blood stains on the shirt of appellant recovered in pursuance of the information given by him and presence of blood stains of Gamchha (towel), wherein the dead body of Pooja was found wrapped which, on analysis, have been found to be matching with blood group A. The appellant failed to give any explanation as to the presence of human blood stains of group "A" on his shirt; (iv) The recovery of underwear of deceased Pooja and his own pant smeared with human blood in pursuance of the information given by the appellant, and; (v) The presence of blood stains on the incriminating articles recovered from the place of occurrence. 24. Before we proceed to deal with each circumstance set-out above, it would be profitable to re-state the settled position of law that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances of the case are found to be incompatible with the innocence of the accused or the guilt of any other person. We think it not necessary to swell those Judgment s by recapitulating all the decisions on the point. Most of the cases have been referred in a recent decision of the Apex Court viz; State of Rajasthan vs. Kheraj Ram, reported in JT 2003 (7) SC 419.
We think it not necessary to swell those Judgment s by recapitulating all the decisions on the point. Most of the cases have been referred in a recent decision of the Apex Court viz; State of Rajasthan vs. Kheraj Ram, reported in JT 2003 (7) SC 419. Suffice it to refer-to the case of Padala Veera Reddy vs. State of A.P., reported in AIR 1990 SC 79 , wherein the Apex Court held that when the case of the prosecution solely rests on circumstantial evidence, the Court must satisfy the following test:- "(i) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (ii) those circumstances should be ofa definite tendency unerringly pointing towards guilt of the accused; (iii) thecircumstances, taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and (iv) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence." 25. While appreciating the circumstantial evidence, the Court has to adopt a very cautious approach and a conviction can be recorded only if all the links in the chain are complete pointing to the guilt of the accused and every hypothesis of innocence is capable of being negatived on evidence. A great care must be taken in evaluating the circumstantial evidence. The circumstances relied upon must be found to have been fully established and the cumulative effect of all the facts so established, must be consistent with the hypothesis of the guilt. This does not mean that the prosecution must meet every hypothesis put forward by the accused or the prosecution evidence must be rejected on slightest doubt. 26. Having regard to the principle enunciated with regard to the proof of guilt by circumstantial evidence, we shall now examine the various circumstances said to be appearing against the appellant. However, before adverting-to each circumstances, it is desirable to deal-with the link evidence in order to satisfy that the seized articles were not tampered-with before they reached to the Forensic Science Laboratory. 27. PW.
However, before adverting-to each circumstances, it is desirable to deal-with the link evidence in order to satisfy that the seized articles were not tampered-with before they reached to the Forensic Science Laboratory. 27. PW. 6 Ganga Singh, the incharge of the GRP Police Station, Sri Ganganagar has stated that on receiving the information from Assistant Station Master, Railway Station, Anoopgarh, he reached on the spot. The blue bag was taken out from the coach and opened in the presence of motbirs vide memo Exhibit P-5. The dead body of Pooja was found wrapped in a red Gamchha (towel). He prepared the inquest report Exhibit P-22. The deceased child was wearing frock in black and white checks. The dead body was tied by a string. He seized all the five articles viz; the blue bag "Article 12", Gamchha (towel) "Article 2", white Katta (sack) "Article 13", string "Article 14" and frock "Article 15", sealed and packed them on the spot in Packet A vide Exhibit P-23. On 212.2002, he arrested appellant vide Exhibit P-27. Pursuant to the information given by appellant vide Exhibit P-29, various articles were recovered. The blood stained underwear of deceased Pooja "Article 8" was seized, sealed and packed in Packet B vide Exhibit P-6. The blood stained baniyaan "Article 7" and the blood stained pillow cover "Article 11" were seized, sealed and packed in Packet C vide Exhibit P-7. The blood stained pant and shirt of the appellant were seized, sealed and packed in Packet D vide Exhibit P-8. The blood smeared soil was lifted from the place of occurrence and sealed and packed in Packet E vide Exhibit P-9. The controlled soil was sealed and packed in Packet F vide Exhibit P-10. A pair of chappals, ball and groundnuts found on the floor were seized, sealed and packed in Packet H vide Exhibit P-11. Other blood stained clothes viz; a terrycot shirt, a white piece of cloth and a hanky type cloth were seized, sealed and packed in Packet G vide Exhibit P-12. He stated that all the packets were deposited in the Malkhana at the GRP Police Station, Sri Ganganagar in sealed condition. 28. PW. 11 Mohanlal Sharma, Head Constable, Incharge Malkhana, GRP Police Station, stated that he received the above referred packets from the S.H.O. PW. 6 Ganga Singh in sealed condition.
He stated that all the packets were deposited in the Malkhana at the GRP Police Station, Sri Ganganagar in sealed condition. 28. PW. 11 Mohanlal Sharma, Head Constable, Incharge Malkhana, GRP Police Station, stated that he received the above referred packets from the S.H.O. PW. 6 Ganga Singh in sealed condition. He made an entry in the Malkhana Register vide Exhibit P-15 at S.No. 31/2002. He further stated that two packets were received from the hospital, which were