Judgment Appellant is convicted of the offences punishable under sections 302 of IPC for committing murder of his wife Rupali and young daughter Rachna and for an offence punishable under section 309 IPC for having committed an attempt to commit suicide, by Ad-hoc Additional Sessions Judge, Latur. For the first offence, the appellant is sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-. For the second offence, he is sentenced to suffer SI for three months. 2. Before entering into the merits, we may notice few relevant facts. Appellant and his brother Sanjay are living separately from their father Manikrao Patil at Chakur (District Latur). Appellant is serving as a clerk with Jagat Jagruti High School. He married Rupali daughter of Nirmala Warad of Latur in the year 1998. At the time of occurrence the appellant was living with his wife Rupali, 6 years old son Ritesh and 2 1/2 year old daughter Rachna. The family was living in a first floor flat of two storied shopping complex on the main road. Rupali was taking tuition of the boys for V to VII standard. She was earning four to five thousand rupees per month and was operating SB/Ac with Bank of Hyderabad. Ritesh was attending first standard classes in Jagat Jagruti School. Two STD booths of Sanjay Patil were opposite the house of appellant across the road. These booths were manned by Sanjay (P.W.l) and Mahesh (P.W.5). Shri. Rajule had a painting shop near these STD booths. Dilip (P.W.4) was serving as a painter in this shop. On 10th September, 2004, Ritesh went to the school as usual. At about 11.00 O'clock in the morning, father of the appellant went to the shop of Rajule and asked Dilip to go to the STD booth and telephone the appellant as nobody was responding to his call. Dilip conveyed the message to Sanjay who tried to contract the appellant on phone but there was no response. Thus, Dilip, Sanjay and Mahesh went to the house of the appellant with Manikrao Patil and accosted the appellant. As there was no response, the boys forced the door open. After the door opened Manikrao and his wife Annapurna entered the house and started crying when they saw the appellant with injuries on his hands by the side of the dead bodies of Rupali and Rachna in the kitchen. As there was no response, the boys forced the door open. After the door opened Manikrao and his wife Annapurna entered the house and started crying when they saw the appellant with injuries on his hands by the side of the dead bodies of Rupali and Rachna in the kitchen. Sanjay, Mahesh and Dilip then entered the house. Somebody called Dr. Soni. He declared Rupali and Rachna to be dead and advised that the appellant be shifted to the hospital. The appellant and Rachna were taken to the Rural Hospital, Chakur. 3. Dr. Kendre (P.W.3) was on duty at the hospital, he treated four superficial injuries suffered by the appellant and informed the police. In response Head Constable Sk. Mohiuddin (P.W.8) visited the hospital. The appellant was dazed and could not make a statement. Mohiuddin took into his custody four envelopes and chits found in the shirt pocket of the appellant. P. 1. Vinayak Mahanavar had been to village Kalkoti. On his return he received the information regarding the incident. He immediately went to the scene of occurrence; held inquest (Ex.!3) on the dead body of Rupali found in the kitchen and sent it to the hospital for autopsy. He then went to the hospital and held inquest (Ex. 14) on the dead body of Rachna. P. I. Mahanawar again returned to the spot. There was blood on the carpet in the drawing room, on the razor, muffler and on the floor of the kitchen. The investigating officer attached seven feet long piece of wire, piece of carpet, razor, muffler and sample of blood from the floor under panchanama (Ex.21). On his return to the police station, the investigating officer attached envelopes and chits found in the shirt pocket of the appellant produced by Sk. Mohiuddin under Seizure Memo (Ex.37). Postmortem reports (Exs.25 and 27) of Rupali and Rachna forwarded by the medical officer disclosed that both of them were throttled. The facts disclosed that the appellant had committed murder of his wife and daughter and made an attempt to commit suicide. Therefore, the investigating officer fi1ed report (Ex.39) on behalf of the State and registered offence against the appellant under sections 302 and 309 of the Penal Code. On completion of the investigation, charge-sheet was filed against the appellant. 4. At the trial the appellant pleaded false implication. Therefore, the investigating officer fi1ed report (Ex.39) on behalf of the State and registered offence against the appellant under sections 302 and 309 of the Penal Code. On completion of the investigation, charge-sheet was filed against the appellant. 4. At the trial the appellant pleaded false implication. According to the appellant he returned from the school as Ritesh had forgotten a note book. When he entered the house he found dead bodies of his wife and daughter in the kitchen and was so shocked that he decided to end his life. He thus cut his veins by the razor and lost consciousness. The defence of the appellant is that somebody murdered his wife and daughter for committing theft of the money usually kept by his wife in the cupboard. The appellant has examined Subhash Joshi (D.W.l) to prove that his wife was depositing money earned from tuitions in her Savings Account No.833 with the State Bank of Hyderabad. 5. Ocular testimony of the prosecution witnesses merely confirms the admitted facts that on the day of the occurrence appellant had left his son Ritesh in the school and had returned to the house. At about I 1.00 a.m. Sanjay (P.W.I), Mahesh (P.W.5) and Dilip (P.W.4) went to the house of the appellant with appellant's parents Manikrao and Annapurna. They forced the door open as the appellant did not respond to their calls. Parents of the appellant then entered the house and raised hue and cry when they saw the appellant in injured condition with the dead bodies of Rupali and Rachna. Nirmala (P.W.6) mother of Rupali stated that her husband told her of having received phone call from the appellant at about 10 or 10.30 a.m. and that Sanjay Patil real brother of appellant had shifted to Latur for treatment of AIDS. Manjusha (P.W.7), sister of Rupali, mentioned that the appellant was in the habit of drinking liquor and ill-treating Rupali. Shivprasad (P.W.2) has proved Spot Panchanama (Ex.21). 6. Investigating Officer P.I. Mahanwar (P.W.9) has narrated the steps taken during the investigation. Sk. Mohiuddin (P.W.S) stated that he went to the hospital on receiving information from the medical officer and took four envelopes and chits found in the shirt pocket of the deceased in his custody. These letters were written by the appellant in anticipation of his death. 6. Investigating Officer P.I. Mahanwar (P.W.9) has narrated the steps taken during the investigation. Sk. Mohiuddin (P.W.S) stated that he went to the hospital on receiving information from the medical officer and took four envelopes and chits found in the shirt pocket of the deceased in his custody. These letters were written by the appellant in anticipation of his death. The appellant expressed a desire to set up a children park in the name of his wife by selling agricultural land and shops belonging to him. The chits were attached by the investigation officer under seizure memo (Ex.37). 7. On 10th September, 2004, Dr, Mahendra Kendre (P.W.3) was on duty at Rural Hospital at Chakur. Appdlant was taken to this hospital at about 1.00 p.m. The medical officer found following injuries on his person: (1) CLW over right anti-cubital area 4 x Y2 X Y2 cms; (2) CLW over left anti-cubital area 4 x Y2 X Y2 cms; (3) CLW on left wrist-anterior aspect 3 x Y2 X Y2 cms; (4) CLW above left ankle over medial aspect 3 x Y2 X Y2 cms. All these injuries mentioned by him in certificate (Ex.24) were simple injuries caused within 2 hours of the examination of the patient. The injuries were admittedly self-inflicted. 8. Dr. Mahendra and Dr. Dange performed post-mortem. Following six external injuries were found on the dead body of Rupali: (1) Face and ear were cyanosed; parecheal hemorrhage was noticed at several places; (2) There were bruises around the neck over upper 1/3rd portion having width of 2"; (3) Brusis underneath the chin 3" x 3"; (4) Brusis over right middle portion of the r neck Y2" x 3"; (5) Brusis and abrasion on upper part of the left breast 2" x 3" and (6) Brusis on right upper breast 1" xl". 9. The internal examination disclosed hemorrhage in the subcutaneous tissues and muscles, there was blood froth in larynx, trachea and bronchi, and right chamber of the heard was full of blood. The data discloses classic symptoms of throttling. The autopsy surgeon thus, issued post-mortem report (Ex.25) opining that the death is caused due to cardio respiratory failure on account of throttling. 10. Post-mortem on the dead body of Rachna was then performed. The data discloses classic symptoms of throttling. The autopsy surgeon thus, issued post-mortem report (Ex.25) opining that the death is caused due to cardio respiratory failure on account of throttling. 10. Post-mortem on the dead body of Rachna was then performed. Six external injuries found on the dead body were: (1) Bruises on middle upper neck 3" x 2"; (2) Bruises on right lateral upper 1/3rd region of the neck 2" x 2"; (3) Bruises on left lateral upper 1/3rd of the neck region 2" x 2"; (4) Bruises on supra scapular region over right and left side 5" x 2" each. 11. The internal examination revealed hemorrhage in subcutaneous tissues, blood froth in larynx, trachea and bronchi, right chamber of the heart was full of blood. The data again disclosed classic symptoms of death by throttling. The autopsy surgeon thus, issued post-mortem report (Ex.27) opining that the death is caused due to cardio-respiratory failure on account of throttling. 12. The prosecution case is entirely based on the circumstantial evidence. The Sessions Judge has enumerated nine circumstances (i) presence of the appellant at the scene of occurrence; (ii) detection of the dead bodies in the kitchen; (iii) presence of fresh injuries on the person of the deceased as well as the appellant, (iv) detection of self inflicted injuries on the person of the appellant, (v) chits disclosing intention of the appellant to commit murder of his wife and daughter, (vi) articles found at the scene of the occurrence (vii) door of the house was chained from inside (viii) strange conduct of the appellant and (ix) motive to commit murders; on which the prosecution relies, in paragraph 10 of the judgment. He found that except the alleged motive all other circumstances are proved. The Sessions Judge further found that the appellant has failed to establish alibi and the theory of the thief having committed the murder is unsustainable. The Sessions Judge found that the circumstances forged a chain which not only rules out innocence of the appellant but establish his guilt beyond doubt. In conformity of these findings the Sessions Judge convicted the appellant of the offences punishable under sections 302 and 309, IPC and sentenced him as stated earlier. 13. In support of the appeal, learned Counsel Shri. R. N. Dhorde would argue that the appellant had no motive for the commission of the offence. In conformity of these findings the Sessions Judge convicted the appellant of the offences punishable under sections 302 and 309, IPC and sentenced him as stated earlier. 13. In support of the appeal, learned Counsel Shri. R. N. Dhorde would argue that the appellant had no motive for the commission of the offence. His presence at the time of the occurrence has not been established. The circumstances referred to by the trial Judge do not conclusively establish guilt of the appellant. On the contrary, explanation given by the appellant that the thieves committed murder for money is plausible and should have been accepted by the trial Judge. Learned Counsel would argue that suspicion, however strong, is not sufficient to convict the accused. For this proposition reliance is placed on the decision of the Apex Court In Dasari Siva Prasad Reddy Vs. Public Prosecutor High Court of A.P. (2004 AIR SCW 5068). 14. Learned APP Shri. P. M. Shinde contends that admittedly the appellant was closeted with the dead bodies of his wife and daughter. His conduct in making an attempt to commit suicide would indicate his complicity in the commission of the offence. In addition explanation given by the appellant is highly unsatisfactory and is rightly rejected by the trial Judge. According to learned A.P.P. no fault can be found with the appreciation of the evidence by the trial Judge. 15. The prosecution case is entirely based on the circumstantial evidence. The law relating to the cases based on the circumstantial evidence is by now well settled. In a case based on the circumstantial evidence the prosecution has to establish chain of circumstances which unerringly points to the guilt of the accused. The circumstances must be conclusive in nature. All the circumstances should be fully proved. The circumstances sought to be relied upon must be closely connected with the principal fact. The cumulative effect of the circumstances must be capable of ruling out any possibility of the innocence of the accused. Relying on the decisions of the Apex Court in Dasari Siva Prasad Reddy Vs. Public Prosecutor, High Court of A.P. (2004 AIR SCW 5068), learned counsel for the appellant has rightly contended that suspicion, however strong can not take place of a legal proof. If the prosecution fails to affirmatively prove guilt of the accused beyond all reasonable doubt, the benefit must go to the accused. Public Prosecutor, High Court of A.P. (2004 AIR SCW 5068), learned counsel for the appellant has rightly contended that suspicion, however strong can not take place of a legal proof. If the prosecution fails to affirmatively prove guilt of the accused beyond all reasonable doubt, the benefit must go to the accused. The law applicable to a case based on the circumstantial evidence is succinctly laid down by the Apex Court in Pad ala Veera Reddy Vs. State of A. P. and others (1989 Supp. (2) SCC 706). In para 10 of the report, enumerating the tests to be applied in a case based on the circumstantial evidence, Their Lordships observed: " (10) Before adverting to the arguments advanced by the learned Counsel, we shall at the threshold point out that in the presence case there is no direct evidence to connect the accused with the offence in question and the prosecution rests its case solely on circumstantial evidence. This court in a series of decisions has consistently held that when a case rests upon circumstantial evidence such evidence must satisfy the following tests: (1) the circumstances from which an inference of guilt is sought to be drawn; must be cogently and firmly established; (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; (3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within a1l human probability the crime was committed by the accused and none else; and (4) 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. (See Gambhir Vs. State of Maharashtra [ (1982)2 SCC 351 ])." 16. Undisputedly the initial burden to establish the guilt of accused lies on the prosecution. The prosecution is not required to prove the impossible but has to adduce best evidence which, the nature of that particular case admits. However, once the initial burden is discharged, the onus shifts on the accused. He is then obliged to disclose facts within his special knowledge in view of section 106 of the Evidence Act. The prosecution is not required to prove the impossible but has to adduce best evidence which, the nature of that particular case admits. However, once the initial burden is discharged, the onus shifts on the accused. He is then obliged to disclose facts within his special knowledge in view of section 106 of the Evidence Act. Falsity of the explanation can be considered to be providing a missing link which completes the chain of circumstances. Dealing with this aspect In Trimukh Maroti Kiran Vs. State of Maharashtra, (2006)10 SCC 681 : [2006 ALL MR (Cri) 3510 (S.C.) : 2007 ALL SCR 237], Their Lordships observed in para 21 of the report : "21 In a case based on circumstantial evidence where no eye-witness account is available, there is another principle of law which must be kept in mind. The principle is that when an incriminating circumstance is put to the accused and the said accused either offers no explanation or offers an explanation which is found to be untrue, then the same becomes an additional link in the chain of circumstances to make it complete. This view has been taken in a catena of decisions of this Court." 17. In the present case, the appellant was closeted with the dead bodies of his wife and daughter. He was found to have inflicted injuries on his wrists and on one of the legs with razor. It is not in dispute that both the wife and daughter were throttled. The postmortem report does not refer to the ligature marks around the neck of either of the victims. Injuries found on the neck of the child are bruises on the middle, right and left upper neck :1' and bruises on left and right supra scapular e region indicating that there was friction with y the surface at the time of the throttling. These d findings rule out use of ligature. In this s background the fact that muffler and wire were f found at the scene of the occurrence would indicate that they were planted with a purpose. Ritesh was sent to the school in the morning. The fact that semi digested food was found in the stomach of both the deceased shows that they had a breakfast in the morning. Ritesh was sent to the school in the morning. The fact that semi digested food was found in the stomach of both the deceased shows that they had a breakfast in the morning. The autopsy is conducted at 4.05 p.m. Rigor-mortis had set in upper and lower extremities of both the deceased suggesting that the death had taken place about six hours prior to the post-mortem and about three hours after the last meal. This data would fix the time of the incident between 10.00 to 10.30 a.m. Coupled with this the admitted fact that the appellant was with the deceased inside the house would show that the incident took place before he left for joining duty at the school. The appellant was examined at about 1.00 p.m. According to the medical evidence the injuries were caused within two hours of the examination. The injuries found on the dead bodies were also fresh and were thus caused at about the same time. These facts firmly establish presence of the appellant at the time of the occurrence. In addition, absence of normal reaction of a person who finds his wife and daughter murdered by stranger would confirm complicity of the appellant in the commission of the crime. In this background, we are not inclined to accede to the persuasions of learned counsel for the appellant that explanation that the thief must have committed the murder for money saved by the wife is plausible and deserves to be accepted. This defence taken at the fag end of the trial for the first time has been rightly rejected by the trial Court. The appellant has set up an alibi by claiming that he was in the school at the time of the incident, however, no evidence is adduced for establishing alibi. The plea of alibi is in fact abandoned. The circumstances proved by the prosecution do form a complete chain unerringly pointing to the guilt of the appellant and excluding possibility of his innocence. 18. Considering the totality of the circumstances. We do not find any fault with the findings recorded by the trial court though a reference to the wire and muffler as ligature was uncalled for. In the result, the appeal fails and is dismissed confirming conviction and sentence imposed on the appellant by the trial court. Appeal dismissed.