JUDGMENT 1. - This appeal is directed against the judgment dated 3.5.2003 passed by the Additional Sessions Judge, Churu convicting the appellant of offence under Section 302 I.RC. and sentenced to imprisonment for life and to pay a fine of Rs. 1000/- in default to further undergo six months rigorous imprisonment. 2. Briefly stated the facts of the case are that on 20th September, 2002 at about 6.30 RM., RW. 1 Shishpal submitted a written report Ex.P1 to the S.H.O., Police Station, Churu stating inter alia that his brother deceased Vijay Kumar was running a shop in the name of Amar Readymade Clothes in Churu Town near Old Bus Stand. At about 4.00 RM. when he visited the shop, he found it closed. He also found the residential room on the first floor just above the shop locked. He broke open the lock. On opening the room, he found the dead body of his brother wrapped in a carpet. A blood stained stone was lying nearby the dead body. On this information police registered a case for offence under Section 302 I.RC. and chalked a regular F.I.R. Ex.P51. RW. 19 Ganesh Nath, S.H.O., Police Station Kotwali, Churu visited the site. He prepared the site-plan Ex.P3 and the inquest report of the dead body Ex.P2 in presence of the Motbirs. The blood-stained stone was taken in possession vide Memo Ex.P4. Blood-stained carpet, mattress, pillow, bed-sheet & towel were taken in possession vide Ex.P6. All these articles were packed in a Packet marked C. The dead body was sent for post-mortem. RW. 10 Dr. Ramesh Sundariya conducted the post-mortem of the dead body of Vijay Kumar and prepared the post-mortem report Ex.P29. He noticed following injuries on the person of deceased Vijay Kumar: (1) Lacerated wound 3 cm. X 0.5 cm. bone deep at Rt. temporal region. (2) Lacerated wound 1 cm. X 0.5 cm. muscle deep at Rt. temporal region, 3 cm. -1.4 cm. extending to injury No. 1. (3) Two lacerated wound 0.5 cm. X 0.5 cm. bone deep at mid or Injury No. 1 & 2. (4) Swelling 6 cm.X4 cm. at Lt. parieto temporal region on dissection there is present dark red antemortem haematoma present. On further dissection there is fracture of Lt. parieto temporal bone. (5) Multiple abrasions with swelling 0.5-1 cm. X 0.5 cm. at Rt. side of fronto parietal region at pieces. bone deep at mid or Injury No. 1 & 2. (4) Swelling 6 cm.X4 cm. at Lt. parieto temporal region on dissection there is present dark red antemortem haematoma present. On further dissection there is fracture of Lt. parieto temporal bone. (5) Multiple abrasions with swelling 0.5-1 cm. X 0.5 cm. at Rt. side of fronto parietal region at pieces. On dissection dark red antemortem haemorrhage present. (6) Incised wound 2 cm.X0.2 cm. Xmuscle deep at Lt. upper yield at mid to left side of iid. (7) Lacerated wound 1 cm. X 0.5 cm. bone deep with depression at Rt. side of breach of nose on dissection there is present fracture of nasal bone. (8) Two lacerated wound 3 cm. X0.5 cm. bone deep at Rt. side of chin having gap about 2 cm. from each other. In his opinion the cause of death was asphyxia due to strangulation of neck with cumulative effect of head injury. The investigation was entrusted to RW. 15 Taj Mohd. on 26 9.2002 The appellant was arrested on 26.9.2002 vide Ex.P30 by RW. 12 Jile Singh, A.S.I., Police Station Kotwali, Churu. Recoveries of incriminating articles were made in pursuance of the information given by the appellant. After usual investigation police laid charge-sheet against the appellant for offence under Section 302 I.RC. 3. The appellant pleaded not guilty and claimed trial. The prosecution in support of the case adduced oral and documentary evidence. The appellant in his statement under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. The trial court found the prosecution proved and as such convicted and sentenced the appellant in the manner noticed above. 4. We have heard Mr. K.R. Bhati Amicus Curiae and the learned Public Prosecutor. We have also perused the record carefully. The prosecution has relied upon the following piece of circumstances to connect the appellant with the crime: (1) The deceased was last seen in the company of the appellant. (2) Recovery of the blood stained knife in pursuance of the information given by the appellant. (3) Possession of articles belonging to the deceased i.e. purse, watch, passport size photo, identity card, currency notes of Rs. 10,700/-. (4) Non-explanation of me presence of the blood spots on the appellant's clothes i.e. pent, t-shirt and belt. 5. (2) Recovery of the blood stained knife in pursuance of the information given by the appellant. (3) Possession of articles belonging to the deceased i.e. purse, watch, passport size photo, identity card, currency notes of Rs. 10,700/-. (4) Non-explanation of me presence of the blood spots on the appellant's clothes i.e. pent, t-shirt and belt. 5. In order to prove the first circumstance i.e. of last seen the prosecution examined RW. 2 Jitendra, RW. 3 Manoj S/o Radhey Shyam, RW. 4 Manoj S/o Ram Kumar, RW. 5 Arjun Ram, RW. 6 Surendra and RW. 7 Om Prakash. Before proceeding to deal with the evidence of last seen, it would be convenient to analyse the evidence of Shishpal the informant and the elder brother of the deceased Vijay Kumar. He deposed that they were three brothers i.e. himself, Pratap and deceased Vijay Kumar. The deceased was running a readymade cloth shop in Churu Town near old bus stand. On 19.9.2002 he had gone to his in-laws house. On 20.9.2002 he returned alongwith the wife of his another younger brother Pratap. He went to the shop of Vijay Kumar for collecting his clothes. His deceased brother was residing in a room just above his shop. He found the shop closed. He also found lock on his residential room. He could not get satisfactory answer from the neighbours as to the whereabouts of his brother. He broke the lock and opened the room. He found dead body of his brother wrapped in a carpet. A blood-stained stone was lying near the dead body. He submitted a written report of the incident at the Police Station, Churu vide Ex.P1. He has given the details of investigation conducted in his presence. He identified the articles produced by the police. Nothing has been elicited in the cross examination to discredit the testimony or this witness. 6. P.W. 2 Jitendra stated that on the date of incident at about 8.00 RM. the deceased after closing the shop went to his room along with the appellant. He also joined them. After some time RW. 6 Surendra also arrived. He played playing cards with Vijay Kumar. PW. 6 Surendra was consuming liquor and after some time he also joined them in playing cards. At about 9.00 RM. he left their company and returned to home. On the next day he heard the news of murder of Vijay Kumar. After some time RW. 6 Surendra also arrived. He played playing cards with Vijay Kumar. PW. 6 Surendra was consuming liquor and after some time he also joined them in playing cards. At about 9.00 RM. he left their company and returned to home. On the next day he heard the news of murder of Vijay Kumar. Nothing has been elicited in the cross examination to discredit the testimony of this witness. 7. P.W. 6 Surendra, a teacher by profession, stated that on 19.9.2002 he visited the shop of the deceased Vijay Kumar for collecting ladies suit. He found Vijay Kumar, Jitendra and the appellant playing cards. He consumed liquor and thereafter joined them in playing cards. After some time Jitendra left the room. After some time he along with the deceased Vijay Kumar and the appellant came down from the room. The deceased Vijay Kumar and the appellant moved towards a jeep parked nearby the shop. The owner of Jeep Manoj and one Om Prakash were also standing there, 8. P.W. 3 Manoj Kumar is a Jeep Driver. He stated that on 19.9.2002 at about 10.00 RM. the deceased Vijay Kumar and appellant Vijay Singh approached to him. The deceased expressed that he would be going to Delhi after taking dinner. Thereafter, they proceeded towards the Railway Station. At that time RW. 7 Om Prakash was also standing with him. After half an hour deceased Vijay Kumar and the appellant returned and went towards Amar Readymade shop. He witnessed both of them moving towards the residential room of the deceased above the shop. At about 12.00 RW. 5 Arjun Ram approached to him and talked about hiring the jeep for going to Sirsali. At that time the appellant Vijay Singh was seen coming down from the Amar Readymade shop. He washed his hands on the public tap and proceeded towards the Collectorate. He also stated that the reputation of the appellant Vijay Singh is of a notorious person. Nothing has been elicited in the cross examination to discredit the testimony of this witness. 9. P.W. 4 Manoj S/o Ram Kumar is an employee on a liquor shop near the Railway Station. He stated that on 19.9.2002 at about 10.30 RM. the deceased Vijay Kumar and appellant Vijay Singh visited the shop and purchased a Quarter liquor. The appellant Vijay Singh paid Rs. 60/- the price of the bottle. 9. P.W. 4 Manoj S/o Ram Kumar is an employee on a liquor shop near the Railway Station. He stated that on 19.9.2002 at about 10.30 RM. the deceased Vijay Kumar and appellant Vijay Singh visited the shop and purchased a Quarter liquor. The appellant Vijay Singh paid Rs. 60/- the price of the bottle. On the next day he heard that Vijay Kumar has been murdered. He identified the appellant present in the court as the person who visited the shop along with the deceased Vijay Kumar. 10. P.W. 7 Om Prakash deposed the on 19.9.2002 at about 10.00 RM. he met with RW. 3 Manoj Kumar at the Bus Stand. At that time deceased Vijay Kumar and the appellant Vijay Singh talked to Manoj Kumar. After taking dinner they went to the liquor shop and purchased a quarter. Thereafter, they proceeded towards the Railway Station. In the cross examination, he stated that he had gone to the Bus Stand for taking dinner at the Rathore Lodge. 11. Thus, on analysis of the evidence it clearly appears that the appellant and the deceased went to the room, played cards. Thereafter they moved towards the Bus Stand and talked to Manoj Kumar for hiring the jeep. They went for taking dinner. On return they purchased a liquor pouch from the shop and returned to the room. He was also seen coming down from the room of the deceased and washing hands and feet on a public tap. Thus, we have no hesitation in arriving at the conclusion that the deceased was last seen in the company of the appellant. 12. The appellant was arrested vide Ex. P 13 on 26.9.2002. On the same day in pursuance of the information given to RW. 12 Jile Singh vide Ex.R 31 a blood-stained knife was recovered vide Ex.P34. It was seized in presence of the Motbirs and packed in a packet which was marked as Packet No. F. As per the F.S.L. report Ex.P53 the knife was stained with human blood. Thus, the prosecution has succeeded in establishing the second circumstance against the appellant. 13. 12 Jile Singh vide Ex.R 31 a blood-stained knife was recovered vide Ex.P34. It was seized in presence of the Motbirs and packed in a packet which was marked as Packet No. F. As per the F.S.L. report Ex.P53 the knife was stained with human blood. Thus, the prosecution has succeeded in establishing the second circumstance against the appellant. 13. As regards the third circumstance, the appellant while in custody gave information Ex.P32 to the RW 12 Jile Singh, A.S.I. leading to the recovery of a wrist watch Art. 1, Purse Art. 2, a passport size photo of the deceased Art. 3, Identification Card of the deceased issued by the Election Commission Art. 4 and currency notes of Rs. 10,700/- Art. 5. All these articles were recovered from the house of the appellant at Jaipur wrapped in a handkerchief. The articles were seized and packed in Packet G. The recovery was made in presence of the Motbirs Jai Singh and Mahadev. There is no explanation as to how the appellant came in possession of the photo of the deceased and his Identification Card. The wrist watch and the purse have been identified to be of the deceased by RW. 1 Shishram. 14. As regards the last incriminating circumstance, the blood stained clothes of the appellant i.e. Pent Art. 13, Ti-shirt Art. 14 and Belt Art. 15 were recovered from the residence of the appellant vide Ex.P38 in pursuance of the information given by him vide Ex.P33. The cloths were sealed and packed in Packet marked H. As per the F.S.L. report Ex.P53 the clothes were stained with human blood. The appellant has failed to give explanation as to the presence of blood on his clothes. Thus, this circumstance is also established against the appellant. 15. The circumstances which we have narrated above are so interlinked in the chain of circumstantial evidence that it leads to inescapable conclusion that excepting the appellant no body else could have committed the murder of deceased Vijay Kumar. The trial court has rightly held the appellant guilty of charge of murder of Vijay Kumar. 16. Consequently the appeal against the judgment of the learned Additional Sessions Judge, Churu dated 3 May, 2003 convicting the appellant of offence under Section 302 I.RC. stands dismissed. The appellant is in Jail. He will serve out the remaining part of the sentence.Appeal dismissed. *******