JUDGMENT 1. - This appeal is directed against the judgment dated 28.10,1989 passed by the Additional Sessions Judge No. 2, Jodhpur convicting the appellant Khinyaram @ Khinvda of offence under Section 302 I.RC. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-; in default of payment to further undergo one months simple imprisonment. He has further been convicted of offence under Sections 4/25 of the Arms Act and sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 100/-; in default of payment to further undergo one months simple imprisonment. Both the sentences have been ordered to run concurrently. 2. Briefly stated the prosecution case is that on 13.7.1986, PW-8 Bhaguram lodged a written First Information Report Exhibit P-11 at Police Station, Bilara stating inter alia that in the morning at about 8.00 or 9.00 AM, while he was at Nayagaon, Jod, PW-5 Hemji informed that his son Ramuram was being murdered at the brick kiln of Rameshwar. He rushed to the hospital where the dead body of Ramuram was kept. He heard some people whispering that his son was being murdered by Khinyaram S/o Jogaram, as on the last evening i.e. on 12.7.1986, he had openly announced that he will not allow his son Ramuram alive, for implicating him in a case of theft. He also stated that during the night, his son was being killed by inflicting injury on his head by a sharp edged weapon. On this information police registered a case for offence under Section 302 I.RC. and proceeded with investigation. Police prepared the site plan and inquest report. Dead body of Ramuram was sent for autopsy. As per the Post Mortem Report Exhibit P-21 following injuries were found on the person of deceased Ramuram : "(A) An incised wound of dimensions length 24 cm Xdepth 4 cm X breadth 5 cm, situated on the lateral side of the left frontal, parieto-temporal and occipital region of the skull. The direction of the wound is transverse. The wound is extending from the middle point of the left eye brow to the occipital region of the left skull. The edges of the wounds are even. The depth of the wound is approx. 4 cm in the center involving all the five layers of the scalp, bones, membranes and lateral cerebal surface. The wound is extending from the middle point of the left eye brow to the occipital region of the left skull. The edges of the wounds are even. The depth of the wound is approx. 4 cm in the center involving all the five layers of the scalp, bones, membranes and lateral cerebal surface. The brain tissue is coming out from the wound. (B) The left side of brain membranes are lacerated transversely, corresponding the direction of the wound. (C) There is large clot of blood between lower table of skull bones and duramatter of the left side of the skull. (D) There is extensive damages of brain matter in the left cerebral region. There is e/o brain tissue injury in the left lateral surface of the frontal, temporal (upper part) parietal (lower part) and occipital (anterio part) lobes of the left cerebrum." Injuries were found to be antemortem. In the opinion of the Doctor, cause of death was coma due to cerebral injury. Police also recovered the blood stained weapon and cloths in pursuance of the information given by the appellant. After usual investigation, police laid chargesheet against the appellant for the offence under Section 302 I.RC. and Section 4/25 of the Arms Act. 3. During the trial, prosecution relied on following piece of circumstances to connect the appellant with alleged crime : (a) The deceased was last seen in the company of appellant. (b) Recovery of blood stained Dhariya in pursuance of the information given by the appellant. (c) Appellant failed to give satisfactory explanation as to the presence of blood stains on his trouser. (d) On comparison, blood on the weapon of offence, the cloths of deceased and accused were found to be of same blood group "A". 4. The trial court having found circumstances proved held the appellant guilty of murder of Ramuram. Accordingly, he convicted and sentenced in the manner noticed above. 5. We have heard Mr. B.S. Rathore, learned counsel appearing for the appellant and learned Public Prosecutor. Withfctne assistance of learned counsel we have perused the evidence on record. It is submitted by Mr. B.S. Rathore, learned counsel appearing for the appellant that circumstances put forward by the prosecution have not been satisfactorily proved and they are not in consistence with the hypothesis of the guilt of appellant. Withfctne assistance of learned counsel we have perused the evidence on record. It is submitted by Mr. B.S. Rathore, learned counsel appearing for the appellant that circumstances put forward by the prosecution have not been satisfactorily proved and they are not in consistence with the hypothesis of the guilt of appellant. While dealing with evidence of recovery, it is submitted that prosecution has not examined the witness who had taken the sample from the offence of Superintendent of Police and delivered in the forensic science laboratory. The inevitable effect of omission is that prosecution has failed to rule out the possibility of samples being changed or tempered with during this period. Reliance is placed on the decision of Apex Court in State of Rajasthan v. Daulat Ram reported in 1980 Cr.L.R. (SC) 84. It is further argued that learned Judge has committed error in concluding that Ramuram died of homicidal death simply on the basis of admission of post mortem report under Section 294 Cr.RC. without the statement of Doctor on oath in regard to the injuries which alone is the substantive evidence. On the other hand, learned Public Prosecutor has supported the judgment of trial court. 6. Before proceeding to deal with circumstantial evidence produced by the prosecution, we shall deal with twin contentions raised by the learned counsel. As for as non-production of Doctor is concerned, it is not in dispute that Post Mortem Report has been admitted by the counsel for appellant during trial. Section 294 of the Code of Criminal Procedure dispenses with proof of every document when it becomes formal on its genuineness not being disputed. Thus, when the Post Mortem Report is admitted by the accused, its genuineness cannot be doubted. Under sub-section (3) of Section 294, a Post Mortem Report filed by the prosecution under sub-section (1) of Section 294 may be read as substantive evidence in place of deposition of Doctor who prepared it if its genuineness is not disputed by the accused. Its value will be the same as that of document duly proved by the evidence. Thus, in our opinion, the learned Sessions Judge was justified in admitting the Post Mortem Report Exhibit P-21 as evidence without insisting upon the evidence of Doctor. 7. As regards the link evidence, Investigating Officer PW- 16 Rakesh Kumar has proved disclosure and recovery memos pertaining to the incriminating articles. Thus, in our opinion, the learned Sessions Judge was justified in admitting the Post Mortem Report Exhibit P-21 as evidence without insisting upon the evidence of Doctor. 7. As regards the link evidence, Investigating Officer PW- 16 Rakesh Kumar has proved disclosure and recovery memos pertaining to the incriminating articles. He has stated that all the recovered incriminating articles were sealed and packed on the spot and were deposited in malkhana at Police Station. He has proved the relevant entries of articles in malkhana register Exhibit P-22. PW-14 Chandidan, Incharge of malkhana, police station, Bilara has stated that Rakesh Puri, S.H.O., Bilara handed over him eight packets in sealed condition. He had handed over those packets to Nathu Singh, F/C for t delivery in S.R Office at Jodhpur. PW-13 Nathu Singh has stated that in CR No. 141/86, eight packets in sealed condition were handed over to him by Chandidan, H/C for delivery in S.R Office at Jodhpur. He stated that said articles were delivered in S.R Office in sealed condition vide receipt Exhibit P-14. The F.S.L. Report Exhibit P-19 shows that eight articles were delivered by Ganpat Ram, Constable. Packets were properly sealed bearing impressions which tallied with the specimen seal impression. Thus, there is evidence to show that eight articles delivered in S.R Office, simply because Ganpat Lai has not been examined, no inference can be drawn that the articles were tempered with. The decision of the Apex Court cited by the learned counsel, is of no help 1 to the appellant. In Daulat Rams case, opium was recovered from the house of accused during the raid by police. Some samples were taken by the police. A clerk in the S.P. Office did not accept those samples as the labels were not in order. It was also admitted that samples changed several hands before reaching the public analyst. None of the witnesses were examined with whom 1 samples remained. In these circumstances, trial court held that the effect of omission was that prosecution failed to rule out the possibility of the samples being changed or tampered with during this period and acquitted the accused. In State appeal, prosecution filed an application before the High Court under Section 311 of the Code of Criminal Procedure for leading additional evidence. 2 Said application was rejected by the High Court. In State appeal, prosecution filed an application before the High Court under Section 311 of the Code of Criminal Procedure for leading additional evidence. 2 Said application was rejected by the High Court. The Apex Court noticed that the application was rejected by the trial court and in the High Court, as the stand taken by the counsel for the State was extremely vacillating and at one time he even filed an application for additional evidence and some time later chose to withdraw it. The court also considered the fact that irrespective of the 2 fact that objection was raised to the effect that in the S.R Office it was noticed that labels on the articles were not in the order. In such circumstances, non examination of witnesses, to prove that articles remained intact throughout until they were delivered in Forensic Science Laboratory was fatel. 8. In the instant case PW-16 Rakesh Kumar has stated that articles were 3 packed and sealed in his presence on the spot. He has also stated that all the eight articles were delivered to malkhana incharge at police station, Bilara. In turn PW-14 Chandidan has stated that he received eight articles in sealed condition from Rakesh Puri, S.H.O. Police Station, Bilara. Relevant entries in rojnamcha Exhibit P-22 have been proved. PW-13 Nathu Singh has stated that 3 on 29.7.1986 all the eight packets were delivered in the S.R Office in sealed condition. Packets have been delivered in Forensic Science Laboratory on the very next day i.e., on 30.7.1986. F.S.L. Report Exhibit P-19 has been admitted by the accused wherein it is clearly stated that eight packets were received properly in sealed condition bearing impressions which tallied with specimen 4 seal impression. Simply because Constable Ganpat Ram who carried the articles has not been examined, it cannot be said that possibility of samples being tampered cannot be ruled out. Samples were delivered in the S.R Office on 29.7.1986 and on the very next day, they were delivered in the Forensic Science Laboratory. They were found to be intact. In these circumstances, 4 possibility of samples being tampered is ruled out. Thus, both the contentions raised by the learned counsel deserves to be rejected. 9. Samples were delivered in the S.R Office on 29.7.1986 and on the very next day, they were delivered in the Forensic Science Laboratory. They were found to be intact. In these circumstances, 4 possibility of samples being tampered is ruled out. Thus, both the contentions raised by the learned counsel deserves to be rejected. 9. Before proceeding to deal with each piece of circumstance, it will be relevant to state the background facts throwing light on the motive behind the alleged crime, which emerges from the statement of PW-9 Rameshwar Lal and 5i PW-10 Panchuri. The appellant, deceased and other witnesses used to work on the brick kiln of PW-9 Rameshwar Lai. Two or three days prior to the death of Ramuram, theft of silver ornaments of Panchuri was reported. Deceased Ramuram revealed that the stolen ornaments were in possession of appellant Khinyaram. He got those ornaments delivered to Panchuri from appellant Khinyaram. This fact led to an amenity between the appellant Khinyaram and deceased Ramuram. 10. PW-10 Panchuri stated that she reported the theft of her ornaments. She was told by deceased Ramuram that said ornaments were lying with the appellant Khinyaram. Subsequently, ornaments were returned by the appellant to her. PW-4 Diparam has stated that in village Borunda, there is a brick kiln belonging to PW-9 Rameshwar where deceased Ramuram and others were engaged as labourer. A quarrel took place between the deceased Ramuram and appellant Khinyaram as to the payment of Rs. 10/-. PW-5 Hima Ram has stated that on the brick kiln of Rameshwar, appellant Khinyaram, deceased Ramuram, Panchuri and others were engaged as labourer. A theft of ornaments of Panchuri was reported. Khinyaram left for the village giving the key of tin with instructions to prepare food. On opening the lock of tin, he found the ornaments of Panchuri. He disclosed this fact to the deceased Ramuram. In turn Ramuram disclosed this fact to Panchuri. This fact enraged appellant Khinyaram against deceased Ramuram. A quarrel took place outside the barrack of Ramuram. PW-4 Diparam has stated that the labourers on the brick kiln of Rameshwar used to reside in the barracks. Deceased Ramuram and the appellant Khinyaram used to stay in one barrack. He was in the adjoining barrack. In the morning when he got up, it was reported by Devaram that Ramuram was lying in serious condition in his barrack. PW-4 Diparam has stated that the labourers on the brick kiln of Rameshwar used to reside in the barracks. Deceased Ramuram and the appellant Khinyaram used to stay in one barrack. He was in the adjoining barrack. In the morning when he got up, it was reported by Devaram that Ramuram was lying in serious condition in his barrack. Thus, it is evident that deceased Ramuram was last seen in the company of appellant Khinyaram in the barrack. In the morning while the deceased Ramuram was found lying injured, the appellant was missing. Thus, the prosecution has succeeded in establishing the incriminating circumstances of last seen against the appellant by conclusive evidence. 11. As regards the second circumstance, it is stated by PW-16 Rakesh Kumar that appellant while in custody being arrested vide Exhibit P-13 made a discloser statement Exhibit P-17 leading to the recovery of blood stained dhariya vide Exhibit P-4 in presence of motbirs PW-2 Zahoor Mohd. and PW-6 Pukhraj. The dhariya has been found to be stained with human blood as per the F.S.L. Report Exhibit P-19. Learned counsel has failed to point out any infirmity in the second circumstance relied upon by the prosecution. Thus, we hold that prosecution has succeeded in establishing the second circumstance by cogent evidence which is of conclusive nature. 12. As regards third circumstance, just after the incident on 15.7.1986, the appellant was arrested vide Exhibit P-13. At the time of arrest, he was found wearing a blood stained trouser (Payjama) which was seized, sealed and packed vide Exhibit P-8. These facts have been proved by the statement of PW-11 Jai Narain and motbirs PW-12 Virma Ram. We have already referred to link evidence. Suffice is to say that the trouser (payjama) has been found to be blood stained with blood of human origin vide F.S.L. Report Exhibit P-19. The appellant has failed to give any explanation as to the presence of human blood on his trouser. Thus, the prosecution has succeeded in establishing the third incriminating circumstance against the appellant. 13. As regards fourth circumstance, safa and shirt of the deceased were seized and packed vide Exhibit P-9. This fact has been proved by the statement of PW-11 Jai Narain and PW-16 Rakesh Kumar. This has also been supported by the motbirs PW-3 Rashid Ahmed and PW-6 Pukhraj. 13. As regards fourth circumstance, safa and shirt of the deceased were seized and packed vide Exhibit P-9. This fact has been proved by the statement of PW-11 Jai Narain and PW-16 Rakesh Kumar. This has also been supported by the motbirs PW-3 Rashid Ahmed and PW-6 Pukhraj. As per F.S.L. Report Exhibit P-19, safa and shirt of the deceased have been found to be stained with blood of human origin. All the seized articles, referred to above, i.e., dhariya, trouser belonging to the appellant, shirt and safa of the deceased have been found to be stained with "AB" blood group. This circumstance also indicates towards the guilt of appellant. Thus, it is held that the accused was the person last seen with the deceased. He has failed to give explanation as to the presence of human blood on the trouser (payjama). In pursuance of the information given by him, the blood stained kulhari has been recovered. The blood on the cloths of the deceased as well as of the appellant are of same group. There is also a motive. The background facts also indicates that the quarrel had taken place between the appellant and the deceased with respect to the theft of ornaments of Mst. Panchuri. 14. All these circumstances complete the chain leading to the irresistible conclusion that it was the appellant and no other person who could commit the murder of the deceased Ramuram. Thus, in our view, the trial court has rightly held the appellant guilty of the charge of murder of Ramuram. 15. Consequently, the appeal stands dismissed being devoid of merits. Appellant is in jail, he shall undergo the remaining part of the sentence.Appeal dismissed. *******