Judgment Arun Mishra, J. ( 1. ) The appeal has been preferred by the appellant aggrieved by his conviction u/s 376, 302 and 201 of the I.P.C. u/s 302 I.P.C. he is sentenced to undergo Imprisonment for life and fine of Rs.1000/- in default of fine R.I.for 2 months He is sentenced u/s 376 I.P.C. to undergo R.I. for 10 years, fine of Rs.1000/- in default of fine, R.I. for 2 months, and u/s 201 of the I.P.C. he is: Sentenced to undergo R.I. for 2 years, fine of Rs.500/- in default R.I. for one month. ( 2. ) The prosecution case, in short, is that deceased; Ku. Sandhya (aged 13 years) was daughter of Shri Shiv Balak Pandey and grand-daughter of Shanti Prasad Pandey (PW-7). She used to go to agricultural field along with Shanti Prasad Pandey (PW-7). On 14.4,1995 Shanti Prasad Pandey (PW-7) had gone to collect his pension at Khitola, consequently Ku. Sandhya was accompanied to the agricultural field by Shashikant Pandey (PW-8) her younger brother. Ku. Sandhya came to the house in the afternoon for taking the meals of Shashikant Pandey (PW-8) she returned back to the agricultural field. They remained for the whole day at the field. When Shashikant was coming back from the field he met with the accused Mithilesh, he was wearing Baniyan of black colour, Pent of white colour and he was also carrying a Lungi on his neck, he was also wearing a cap. He told to Shashikant that he would take his sister towards the river, he should not disclose the fact to anyone, on that Shashikant ran back and informed the fact to his sister; Ku. Sandhya, on that Ku. Sandhya asked Shashikant (PW-8) to send Shanti Prasad Pandey (PW-7) to the field. Thereafter Ku. Sandhya went and hide in the agricultural land in the standing crop of wheat, accused also entered into agricultural land, thereafter Shashikant ran towards the house and in the way he met with Shanti Prasad Pandey (PW-7) and told him that Ku. Sandhya had called him, he should to the field immediately. Shanti Prasad Pandey thereafter went towards the field, but, was unable to trace Ku. Sandhya it was quite dark by that time. Prosecution further alleged that when accused was dragging Ku. Sandhya had called him, he should to the field immediately. Shanti Prasad Pandey thereafter went towards the field, but, was unable to trace Ku. Sandhya it was quite dark by that time. Prosecution further alleged that when accused was dragging Ku. Sandhya, on hearing the hue and cry raised by her, Rajjan (PW-6), Guddu@ Bahorilal (PW-11) and Kaluram (PW-13), after crossing the river came to the MEND of the field of Netram Patel and saw accused Mithilesh was lying on a girl, who was wearing frock of red colour, after seeing them accused Mithilesh stood up and threatened them with dire consequences and asked them not to disclose the fact to anybody. Accused was wearing black Baniyan and carrying brown colour Lungi, white shoe, one white colour pent was also lying nearby, the witnesses went to their houses. Thereafter Shanti Prasad Pandey (PW-7) came to the spot, he called Ku. Sandhya number of times,but, she did not response, as such he though, that she may have gone from different way to her house, he went back to his agricultural field and slept in the hut In the morning at about 7 a.m. when Shahadat went to the river he found that a dead body was lying in the river wearing red colour frock. He informed the fact to Kaluram in turn he proposed to inform the Kotwar and when Kaluram and Shahadat were going to inform the village Kotwar through the field of Shanti Maharaj, at that time they went and informed Shanti Maharaj that one dead body was lying in the river. Thereafter Shanti Maharaj (PW-7) went towards the river and found that it was the dead body of Ku. Sandhya. Thereafter the body was taken out. "Village Kotwar Rajkumar Dahiya (PW-2) informed the police check-post Khiltola, Marg intimation (P/2) was reduced in writing and Police Station Sihora was informed telephonically. D.S. Chouhan (PW-12) along with police force proceeded towards the place of incident. Inquest (P/8) was prepared. The dead body of Ku. Sandhya was sent to Govt. Hospital, Sihora, she was examined by Dr. Smt. S. Patod (PW-10) and Dr. R.K. Jain (PW-9) had performed the autopsy. Post-mortem report (P/16) was submitted. Her frock was found torn at several places besides the underwear. Dr. Smt. S. Patod (PW-10) opined that the deceased Ku. Sandhya was subjected to sexual intercourse before she was murdered. Hospital, Sihora, she was examined by Dr. Smt. S. Patod (PW-10) and Dr. R.K. Jain (PW-9) had performed the autopsy. Post-mortem report (P/16) was submitted. Her frock was found torn at several places besides the underwear. Dr. Smt. S. Patod (PW-10) opined that the deceased Ku. Sandhya was subjected to sexual intercourse before she was murdered. It was a case of homicidal death. As many as 14 injuries were found on the person of deceased. Injuries No.l to 10 were found ante-mortem, injuries No.11 to 14 were caused due to dragging after she had died. From the spot seizure of articles, control and blood stained soil was made. The "threads" of the cloths of blue and brown colour were also seized from the spot besides hair were found entangled in the stump of wheat. Seizure memos (P/4 and P/5) were drawn. On the basis of information furnished by accused, at his instance from the field of Netram Patel one monkey cap of brown colour was seized as per seizure memo (P/9). As per memo (P/10) from the house of accused at his instance full pent, "lungi" and shoes were seized. First information report was reduced in writing. On the underwear of the accused semen stains were found. Accused was subjectecd to Medical examination, on his person four injuries were detected by Dr. R.K. Jain (PW-9). It was also found that he was competent to perform sexual intercourse. The seized article from the spot "threads of cloth" and Lungi etc. were sent to Forensic Science Laboratory. The thread seized from the spot was found to be similar to that of "lungi" seized from the possession of the accused from his house. Reports (P/22, P/23 and P/24) were submitted. Serological examination report (P/25) was also submitted. ( 3. ) Accused abjured the guilt and contended that he is innocent. Aggrieved by conviction and sentence imposed the appeal has been preferred. ( 4. ) Shri S.C. Datt, learned Sr.counsel appearing with Shri Siddharth Datt, on behalf of the accused appellant has submitted that the witness Rajjan (PW-6) and Guddu@ Bahorilal (PW-11) did not disclose the fact immediately after the incident. Their police statements were recorded on 26th and 28th April, 1999.Kaluram (PW-13) did not support the prosecution case. Shashikant Pandey (PW-8) is a child witness, as such his deposition requires close scrutiny. Their police statements were recorded on 26th and 28th April, 1999.Kaluram (PW-13) did not support the prosecution case. Shashikant Pandey (PW-8) is a child witness, as such his deposition requires close scrutiny. It was not probable that accused would disclose to PW-8 that he would take his sister to river and would ask him not not to disclose fact to anybody, disclosure of fact makes the presence of the witness (PW-8) to be doubtful as it was not the natural conduct. Though threads of cloth seized from the spot was found to be similar that of the Lungi seized from the possession and at the instance of the accused, but, the articles were not identified in the Court, though they were the similar threads but not same. Apart from that the injuries found on the person of accused were not enough to fasten the guilt on him as it was not the case set up by the eye-witnesses that the deceased Ku. Sandhya struggled at the time of commission of offence of rape/murder and during that course the aforesaid injuries were caused. Thus, four injuries on the person of accused were not enough to fasten the guilt on the accused or to connect him with the incident. Some unknown person had committed the offence and thereafter shape has been given to the case. The next day upto 4:45 p.m. police was not aware of the name of the accused as stated by Dr. D. S. Chouhan (PW-12), Sub-Inspector, Police Station Sihora. He has stated that the statements of Rajjan, Guddu and Kaluram were recorded during the investigation u/s 174 Cr.P.C. However, it was not possible to ascertain the name of accused by that time. Thus, the counsel has submitted that benefit of doubt should be given to the accused. ( 5. ) Shri R.S. Patel, learned Addl. He has stated that the statements of Rajjan, Guddu and Kaluram were recorded during the investigation u/s 174 Cr.P.C. However, it was not possible to ascertain the name of accused by that time. Thus, the counsel has submitted that benefit of doubt should be given to the accused. ( 5. ) Shri R.S. Patel, learned Addl. A.G. appearing on behalf of the State has submitted that not only the evidence of seizure of threads of Lungi of accused from the spot is clinching in the instant case, injuries were found on the person of the accused and nature of injuries discloses that the accused had committed sexual intercourse and then committed the murder of the deceased, there was struggle given by deceased, that explains the injuries found on the person of the accused and on the deceased, besides there is no reason to disbelieve the evidence of child witness Shashikant Pandey (PW-8) brother of deceased and Shanti Prasad Pandey (PW-7) that he was asked by Shashikant Pandey (PW-8) to go to the field. Besides that accused was having criminal antecedents, he was involved in the incident of causing injuries by sword and several other offences and witnesses; Rajjan, Guddu and Kaluram were threatened by him. Thus, the statements of aforesaid witnesses which were recorded on 26th and 28th April were recorded with promptly. Witness; Guddu was not available as he had gone outside and when he came back, only thereafter, his statement was recorded on 28th April, 1995. There was no delay in recording the statement of Rajendra @ Rajjan (PW-6) and Investigating Officer (10) was not questioned why he could not record the statement earlier, as such it was not permissible to discredit the investigation without seeking explanation of 10 as to delay in recording the statement of eye-witness. Thus, he has also relied upon the FSL reports (P/22 to P/24) and the statement of Doctor so as to submit that it a clearly case of rape and murder of minor girl of 13 years. Hence, conviction recorded by the trial Court is proper. No case for interference in the appeal is made out. ( 6. Thus, he has also relied upon the FSL reports (P/22 to P/24) and the statement of Doctor so as to submit that it a clearly case of rape and murder of minor girl of 13 years. Hence, conviction recorded by the trial Court is proper. No case for interference in the appeal is made out. ( 6. ) In the instant case we find following four sets- of evidence on which conviction of the accused is based : (i) recovery of threads of Lungi of the accused found entangled in the stump of wheat on the spot where offence was committed. (ii) there were injuries found on the accused and nature of injuries goes to show that there was struggle given by deceased at the time commission of offence, there were injuries No.l to 10 found on the deceased which were ante-mortem. (iii) there is evidence of child witness Shashikant Pandey (PW-8) brother of deceased, he has stated that accused had followed his sister and Ku. Sandhya entered the agricultural field in order to hide herself in the standing crop of wheat, accused had followed her in the agricultural field, thereafter the witness had informed Shanti Prasad Pandey (PW-7) that Ku. Sandhya had called him to be field. (iv) after Shashikant pandey (PW-8) has left, hue and cry was raised by the deceased; Ku. Sandhya, on hearing it Rajendra @ Rajjan (PW-6), Guddu (PW-ll) came to the spot along with Kaluram (PW-13) and they had seen from the MEND of the field of Netram Patel accused was lying on a girl earing red frock accused was having criminal antecedent and accused had threatened them. ( 7. ) Man may lie, but circumstances do not, is the cardinal principle of evaluation of evidence. Before we appreciate the oral evidence adduced in the case which we have found to be reliable, there is material circumstances available against the accused. He was carrying "Lungi", has been proved by the statement of various witnesses. PW-6 Rajendra @ Rajjan has stated that Mithilesh was having the lungi of brown colour. Similar is the statement of Shashikant Pandey (PW-8), a child witness aged 9 years. Guddu @ Bahorilal (PW-11) in paragraph 3 of his deposition has also stated that accused was putting Lungi of brown colour. PW-6 Rajendra @ Rajjan has stated that Mithilesh was having the lungi of brown colour. Similar is the statement of Shashikant Pandey (PW-8), a child witness aged 9 years. Guddu @ Bahorilal (PW-11) in paragraph 3 of his deposition has also stated that accused was putting Lungi of brown colour. Seizure of Lungi as per information memo (P/11) of the accused and from his house as per seizure memo (P/10) has been proved by PW-5 Kamlesh Kumar, he has stated that the accused had given the information was reduced in writing as per memo (P/11) and seizure memo (P/10) was drawn in his presence. Shri S.C. Datt, learned Sr. counsel has stated that there were other family members residing in the house of accused, as such the Lungi could have belonged to anyone of them, submission is baseless, when we consider the siezure with other evidence on record. In the instant case, we have found that this is a clinching material circumstance on record which support the ocular version of the witnesses coupled with the medical corroboration as injuries caused in struggle have been found on person of accused and also on deceased. There is report of FSL (P/22 to P/24). It is apparent from (P/22) that the fabric thread seized from the agricultural field the place of incident where the offence took place (C/2) were of lungi of accused. These fabric threads as per the FSL report (P/24) on record were found to be of Lungi (Article C/2) seized as per the information and at the instance of accused from his house. This is a material clinching circumstance even if there was absence of any other evidence on record so as to fasten the guilt upon the accused, though there is overwhelming evidence on record so as to fasten the guilt of the accused. ( 8. ) Coming to second circumstances : the injuries found on the person of accused, there are following injuries noted in injury report (P/7) : (1) Abrasion 1/2 cm x 1/4 cm with scab formation. Greenish in colour present on left side of neck. 7 cm above the left clavicle; (2) Abrasion 3 cm x 1/4 cm oblique in shape with scab formation. Greenish in colour present on right side of neck 2 cm above the right clavicular region; (3) bruise 1/2" x 1/2" Circular in shape. Greenish in colour present on left side of neck. 7 cm above the left clavicle; (2) Abrasion 3 cm x 1/4 cm oblique in shape with scab formation. Greenish in colour present on right side of neck 2 cm above the right clavicular region; (3) bruise 1/2" x 1/2" Circular in shape. Greenish in colour present on the middle of right shoulder region; (4) Abrasion 1/4 cm x 1/4 cm circular in shape. Greenish in colour present on the right hand at the level of metacarpo phalengical joint of right thumb. Duration was 5 to 7 days that co-relates to the date of incident. These injuries have been proved by Dr. R.K. Jain. He has not only proved the injuries, but has also proved the injury report (P/17). ( 9. ) There is statement made by 10 also that he made the seizure and sent the articles to FSL. There is absolutely nothing to doubt the investigation made in that regard. It was not necessary to identify the fabric thread and Lungi sent as article in the Court. Articles were in the Court and with reference to articles the statements have been made by the witnesses. If the accused wanted to challenge, it was for him to confront the articles that fabric threads were not of his lungi the report of FSL was proved and the report speaks volumes that the accused was involved in the incident, consequently the fabric thread of his Lungi was found and seized from the spot, where the offence was committed and struggle was made at the time of commission of sexual intercourse and thereafter Ku. Sandhya was murdered as as many as 14 injuries were found on her body, 10 injuries were ante-mortem and her death was caused due to asphyxia not due to drowning, thereafter the dead body was dragged and there were marks of dragging from place of incident in agricultural field going to the river, that also corroborates that the accused dragged the deceased from the spot. Aforesaid evidence lends support to the version of Shashikant Pandey (PW-8) a child witness of 9 years. Aforesaid evidence lends support to the version of Shashikant Pandey (PW-8) a child witness of 9 years. He has clearly stated that when he was to come back to the house he found accused on the spot, thereafter accused said that he would take his sister Sandhya towards the river and he should not disclose the fact to anyone, on that Shashikant (aged 8 years) ran back and informed the fact to his sister; Ku. Sandhya (aged 13 years), on that Ku. Sandhya asked Shashikant (PW-8) to send Shanti Prasad Pandey (PW-7) to the field. Thereafter Ku. Sandhya went to hide in the agricultural field in the standing crop of wheat, accused also entered into agricultural land, on seeing that Shashikant (PW-8) ran towards the house and in the way he met with Shanti Prasad Pandey (PW-7) and told him that Ku. Sandhya had called him at once to the field. Merely by the statement of witness that accused has told him that he would take his sister towards river criminal intention could not have been inferred that too by the child. At the same time what is material is that Ku. Sandhya went to hide in the agricultural in the standing crop of wheat, accused had followed her in the field and was dragging the deceased. We have found the statement of witness (PW-8) to be quite reliable being a child witness, he was obviously not able to understand what was to happen ultimately on the spot, as such he informed the grand-father (PW-7) that Ku. Sandhya had called him at once to the agricultural land, as the field was at the distance it took about 30-35 minutes, for Shanti Prasad Pandey to reach the spot as dark had set in by that time he had called deceased by name number to times, as he found no response he made the search, but, he could not found Sandhya as such he went back to agricultural field and slept in the hut he thought that Sandhya would have gone to the house from different way. Conduct of Shanti Prasad Pandey (PW-7) in making the search of Ku. Sandhya is based upon information of Shashikant Pandey (PW-8) which renders support to the prosecution case that child Shashikant Pandey (PW-8) had immediately informed Shanti Prasad Pandey (PW-7) who had made search in the night itself. House was situated at a different place. Conduct of Shanti Prasad Pandey (PW-7) in making the search of Ku. Sandhya is based upon information of Shashikant Pandey (PW-8) which renders support to the prosecution case that child Shashikant Pandey (PW-8) had immediately informed Shanti Prasad Pandey (PW-7) who had made search in the night itself. House was situated at a different place. PW-8 could not visualize in the night that what has in fact happened he came to know-next day in the morning that a dead body was lying. ( 10. ) Coming to next set of evidence in the instant case, it appears that after Shashikant Pandey (PW-8) had left the spot accused entered the field and caught hold of the deceased, she raised hue and cry, on that three witnesses namely; Rajjan (PW-6), Guddu (PW-11) and Kaluram (PW-13) came towards the spot after crossing the river and they saw from the MEND of the filed of Netram Patel that the accused was lying on a girl who was wearing red frock and stood up after seeing them, they, witnessed this part of the" incident, accused had threatened them not to disclose the fact to anybody, there was nothing to infer for these witnesses that it was Ku. Sandhya who was lying on the ground as they had seen from quite distance, they were threatened and apprehended that accused might to be hiding as such they had gone away. Out of the aforesaid three witnesses; Kaluram (PW-13), Rajjan (PW-6), Guddu (PW-11), Kaluram (PW-13) did not support the prosecution case and has been declared hostile whereas Rajjan (PW-6) and Guddu (PW-11) have supported the prosecution case in toto. It was submitted by counsel that their police statements were recorded belatedly on 26th and 28th April. We find no merit in the submission. Firstly for the delay explanation has not been obtained from I.O. In State of U.P. v. Satish (2005) 3 SCC 114 the Apex Court has laid down that as regards delayed examination of certain witnesses, unless the investigating officer is categorically asked as to why there was delay in examination of the witnesses the defence cannot gain any advantage therefrom. It cannot be laid down that as a rule of universal application that if there is any delay in examination of a particular witness the prosecution version becomes suspect. It would depend upon several factors. It cannot be laid down that as a rule of universal application that if there is any delay in examination of a particular witness the prosecution version becomes suspect. It would depend upon several factors. If the explanation offered for the delayed examination is plausible and acceptable and the court accepts the same as plausible, there is no reason to interfere with the conclusion. On the other hand, if the explanation is found to be implausible, certainly the court can consider it to be one of the factors to affect credibility of the witnesses who were examined belatedly: It may not have any effect on the credibility of the prosecutions evidence tendered by the other witnesses. In the instant case no questions were put to I.O. about delayed examination of these witnesses investigation cannot be faulted, explanation ought to have been obtained from the I.O. It was also submitted on the basis of statement of D.S. Chauhan (PW-12) that he had recorded the statements of Rajjan (PW-6), Guddu (PW-11) and Kaluram (PW-13) during the investigation of marg intimation. In case their statements were recorded there was no delay and if there was any contradiction or omission in the statements. It was for the defence to contradict the version to the aforesaid witnesses, the statements of the witnesses cannot be rendered unworthy of reliance on the basis of some earlier statement if any without asking them whether it was recorded and if yes what was the contrary statement made by them in, the court then that version/thus, on the aforesaid basis no dent is caused in the version of the witnesses (PW-6) and (PW-8) or in the investigation done. Shri S.C. Datt learned Sr. counsel has relied upon the decision of the Apex Court in State of Orissa v. Mr. Brahmananda Nanda, AIR 1976 SC 2488 , Chanan Singh v. The State of Haryana, AIR 1971 SC 1554 , Ali Mollah and anr. v. State of West Bengal, (1996) 5 SCC 369 and State of M.P. v. Bardanilal Ahirwar, 2007 (11) MPJR 37. In the instant case, we have found the facts are quite different. The ratio of the aforesaid cases is not applicable. In the absence of explanation being sought from 10 for the delay. ( 11. ) Merely by the statement of I.0. In the instant case, we have found the facts are quite different. The ratio of the aforesaid cases is not applicable. In the absence of explanation being sought from 10 for the delay. ( 11. ) Merely by the statement of I.0. that the police was unable to ascertain till 4:45 p.m. who was the accused, nothing could be gained by the accused. No question has been asked to Rajjan (PW-6) and Guddu (PW-11) as to whether their statements were recorded earlier and they had not disclosed the names of the accused to the police and in case there was an omission of which defence wanted to take an advantage the witnesses should have been confronted with the statement as it was for the defence to seek explanation. Shri S.C. Datt, learned Sr. counsel has submitted that the statements recorded u/s 174 of the Cr.P.C. could not have been confronted as they were not supplied, but, we are not able to accept the submission in view of section 145 of the Evidence Act. In case any witnesses testimony is to be impinged on the basis of earlier statement it is permissible to call for the statement recorded under section 174 Cr.P.C, if there was any omission or contradiction, but, that has not been done, as such we are not inclined to discredit the aforesaid witnesses on the said ground, ( 12. ) It appears that Kotwar was given information by Shahdadat and Kaluram; Kaluram turned hostile and did not support the prosecution case, no dent was caused in the prosecution case. As a matter of fact Rajjan (PW-6), Guddu (PW- 11) were cross-examined at length merely on the basis of what they had disclosed to police not on the basis what they had disclosed next day, in the absence of seeking their explanation as to what they had uttered, their version cannot be discredited even otherwise the accused was having criminal antecedent, he committed other offence on the point of sword and was involved in other criminal cases as stated by these witnesses, they did not apprehend at all that murder of Ku. Sandhya had been committed as they had seen the incident from distance that accused was lying over one girl wearing red colour frock then they went away. Sandhya had been committed as they had seen the incident from distance that accused was lying over one girl wearing red colour frock then they went away. Thus, we have found their version to be quite reliable and renders support to the circumstances and other evidence adduced in the instant case. ( 13. ) Further corroboration is rendered as to commission of sexual intercourse by Dr. Smt. S. Palod. There were marks of commission of rape. Dr. Smt. S. Palod (PW-10) has proved the injury report on private part of deceased, separation of labia minora and the hymen was found torn, torn edges of hymen were congested and bruised. Doctor Smt. Palod opined that the deceased was subjected to immediate sexual intercourse. Following injuries were found on the person of the deceased : (1) Bruise 1 and 1/4" x 1/4" transverse in shape present on the left supra orbital region of the left eye, blacking of left upper lid is present with swelling. (2) Bruise 1 and 1/4" x 1/2" brown in colour, oblique in shape, present on the left side of face, 1and1/2" away, higher to the left angle of the mouth. (3) Swelling 1/2" x 1/4" Radish, in colour, Transverse in shape, present on the left lower eye lid, on lis medial aspect. (4) Lacerated wound 1"x 1/4" x 1/4" margins inverted, edges in defined, transverse in shape, present on the inner surface of middle of upper tip. (v) Lacerated wound 3/4" x 1/4"x 1/4" Red margins inverted, edges in defined, transverse in shape, present on the inner surface of lower lip. (vi) Bruise mark, 4 in number, present on the Rt. side of the face, obliquely downwards and outwards and on between the others. 3/4" x .2", 1" x .25", and 3/4" x .2" respectively, brown in colour, 1/2" away from the Rt. angle of mouth. (Vii)Bruise 1/4" x 1/2" brown in colour, present on the left side of neck 1/2" away from the trachea, just below the angle of left mandible. (viii) Bruise mark 4 in number,present on the Rt. side of neck, obliquely downwards and outwards and one between the others, 3/4" x. 2", 1" x .25 ", 1" x .25" and 3/4" x .2" respectively, brown in colour 3/4" away from the trachea. (viii) Bruise mark 4 in number,present on the Rt. side of neck, obliquely downwards and outwards and one between the others, 3/4" x. 2", 1" x .25 ", 1" x .25" and 3/4" x .2" respectively, brown in colour 3/4" away from the trachea. (ix) Lacerated wound 3/4" x 1/4" x 1/4" margins inverted, edges in defined, oblique in shape, present on the Rt side of neck, 2" below the Rt. mastoid process. (x) Lacerated wound 1" x 1/4" x 1/4" transverse in shape, present on the dorsal surface of Rt hand. (xi) Abrasion 4" x 3", present on he left scapular region of the back of the chest, they are dark brown in colour with absence of bleeding. No ecchymosis present. (xii) Abrasion 4 and 1/2" x 3" present on the Rt scapular region of the back of chest, dark brown in colour with absence of bleeding, No ecchymosis present. (xiii) Abrasion 1 and 1/2" x 1/2" present on the lateral surface of Rt. knee joint, dark brown in colour with absence of bleeding. No ecchymosis present. (xiv) Abrasion 1/2" x 1/2" 3 in number, present on the Rt. leg on lis lateral surface, dark brown in colour, absence of bleeding and no ecchymosis present. ( 14. ) As per Dr. R.K. Jain (PW-9) the injuries No.(i) to (x) were ante-mortem and this supports that the accused had followed the deceased in the field, she struggled before succumbing to accused and accused left the threads of his Lungi entangled the stump of the wheat that was seized from the spot. The Lungi of which thread was found was seized on the basis of information and at the instance of accused from his house. In our opinion, it was the accused who had committed the offence of rape and murder. It was proved beyond periphery of doubt. ( 15. ) Resultantly, we find that the appeal is without merit. Consequently, appeal is hereby dismissed. Conviction and sentence imposed upon the appellant is hereby confirmed. With respect to disposal of property order of trial Court is affirmed. Appeal dismissed.