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2008 DIGILAW 621 (BOM)

Anil s/o. Sopan Bhanuse v. State of Maharashtra

2008-04-25

N.V.DABHOLKAR, S.UMA BORA

body2008
JUDGMENT:- R. M. BORDE, J.:- This is an appeal by original accused no. 1 raising challenge to the judgment and order of conviction and sentence imposed by the III Ad hoc Additional Sessions Judge, Jalna, on 23.12.2005 in Sessions Case No. 105/2005. Accused no.1/appellant herein is found guilty for an offence punishable under Section 302 of Indian Penal Code and is sentenced to suffer imprisonment for life and to pay fine of Rs.loo01-, in default, to undergo further rigorous imprisonment for six months. He is also found guilty for an offence punishable under Section 498-A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.5001-, in default, to suffer simple imprisonment for three months. It is further directed by the trial Court that the substantive sentences of imprisonment shall run concurrently. Accused No.1 Anil s/o. Sopan Bhanuse and accused No.2 Sopan s/o. Sarjerao Bhanuse were tried before the III Ad hoc Additional Sessions Judge, Jalna, in Sessions Case No. 1051 2005 for offences punishable under Sections 498-A and 302 read with Section 34 of the Indian Penal Code. Accused no.2 Sopan Sarjerao Bhanuse has been found to be not guilty and as such came to be acquitted by the trial Court. 2. The prosecution case, in nutshell, can be summarised as below: Deceased Alka was the wife of accused no.1 Anil and daughter of P.W.2 - Shankarrao Kale. Marriage between accused no.1 and deceased Alka was solemnised some 8/9 years prior to the incident. It has been contended that an amount of Rs.75,000/- was tendered by way of dowry and the father of the bride had borne expenses of the marriage. It also appears that the couple cohabited happily during initial period of matrimony. However, there developed bickerings amongst them later on. Husband of deceased Alka i.e. accused no. 1 started extending demands for an amount of Rs.50,000/- for purchase of tempo and for purchase of electric motor on an often. It is also contended by P.W.2 Shankarrao, father of deceased Alka, that he could not fulfil demands raised by accused no.1 and on that count, his daughter (deceased Alka) was being harassed. It is also the story of prosecution that at the time offesti val 'Raksha Bandhan' Alka had paid visit to her parents' house and during her visit, she informed about the demands of accused no. It is also the story of prosecution that at the time offesti val 'Raksha Bandhan' Alka had paid visit to her parents' house and during her visit, she informed about the demands of accused no. I and also informed about the ill-treatment meted out to her on account of non fulfilment of unlawful demands. Father of deceased Alka paid an amount of Rs.50001- and assured to pay further amount later on. It is further case of the prosecution that on 04.09.2004, at about 3.30 p.m., when the complainant and his brother Shankar were at their village, their nephew Krishnadas Kale intimated them that Alka is murdered at village Borgaon and her dead body is lying in the field known as 'Wadacha Mala'. The complainant also received a telephonic message to that effect and after receiving said message, he, along with some other persons, rushed to village Borgaon. The complainant was accompanied by Pandharinath Sahebrao, Kalyan Vithalrao, Ankush Anand and Krishnadas kale. They visited the field known as 'Wadacha Mala' of the accused and found the dead body of Alka lying in the cotton crop. They noticed injury on the side of neck of deceased Alka and blood was found oozing from the wound. An injury on the back below the shoulder of deceased Alka was also noticed by them. According to the prosecution, accused nos. 1 and 2, in furtherance of their common intention, have committed murder of Alka. F.I.R. to that effect was lodged by P.W.1 Mahadev Kale at Police Station Ghansavangi, which was registered as Crime No.1l812004, for offences punishable under Sections 498-A. 302 read with Section 34 of the Indian Penal Code on the same day i.e. on 04.09.2004. 3. After recording First Information Report, the Investigating Officer proceeded to village Borgaon and as a part of investigation, prepared inquest panchanama on the same day and requested the doctor to conduct autopsy on the dead body of deceased Alka. Accordingly the Medical Officer conducted autopsy and submitted post-mortem report, which is at Exhibit - 35. During the course of investigation, the Investigating Officer has recorded statements of witnesses, Incriminating article i.e. axe is recovered at the instance of accused no.1, so also manila alleged to have been worn by accused no. 1 was also recovered during the course of investigation. After computing investigation, the Investigating Officer submitted charge-sheet in the Court of J .M.F.C. Ambad. During the course of investigation, the Investigating Officer has recorded statements of witnesses, Incriminating article i.e. axe is recovered at the instance of accused no.1, so also manila alleged to have been worn by accused no. 1 was also recovered during the course of investigation. After computing investigation, the Investigating Officer submitted charge-sheet in the Court of J .M.F.C. Ambad. The case, being tribal by the Court of Sessions, came lobe committed to the Court of Sessions at Jalna. In reply to the charge, during the course of trial, accused pleaded not guilty and claimed to be tried. 4. In order to bring home guilt of the accused, prosecution examined as many as six witnesses. P.W.1 - Mahadeo Tukaram Kale, uncle of deceased Alka, who lodged the First Infonnation Report at Police Station, which is at Exhibit-23, P.W.2 - Shankar Tukaram Kale is the father of deceased Alka, who is examined at Exhibit-24. P.W.3 and P.W.4 respectively are panch witnesses, whereas Investigating Officer is P.W.5 Kashinath Lahase. P.W.6 Dr. Anil Waghmare is the Medical Officer who has conducted autopsy on the dead body of Alka. 5. The defence of accused is of denial so far as it related to allegations in respect of unlawful demands. Accused denied to have committed murder of deceased Alka and further contends that wolves attacked the lady, which has culminated in her death. Accused feigned ignorance in respect of the incident. It is also suggested to some of the witnesses that mental conditions of accused no.1/appellant herein was not sound. Accused also contends that P.W.1 - Mahadeo Kale is an influential person and he, in collusion with police authorities, has fabricated a connected story. 6. The trial Court, after recording evidence of the prosecution as well as statement of the accused under Section 313 of the Code of Criminal Procedure, recorder finding that the prosecution has proved death of Alka to be homicidal. The trial Court al so held that the prosecution has proved that deceased was being ill-treated by the accused and further held that unlawful demands raised by accused lend a motive for commission of crime. The trial Cool1 also recorded a finding that the prosecution has proved discovery of an axe which was that weapon used for commission of crime at the instance of accused. The trial Court, as such, believed the evidence of P.W.3 Baban in that regard. The trial Cool1 also recorded a finding that the prosecution has proved discovery of an axe which was that weapon used for commission of crime at the instance of accused. The trial Court, as such, believed the evidence of P.W.3 Baban in that regard. The trial Court has reached the conclusion that an adverse inference needs to be drawn against the accused for his failure to explain the circumstances in respect of appearance of blood stains on the clothes as well as weapon i.e. axe, which was discovered at his instance. It was found that the blood stained shirt belonging to the accused which was discovered at his instance bears blood group 'AB' , which was the blood group of deceased, whereas blood group of accused is 'B'. The weapon discovered at the instance of accused was also found to have blood stains. The trial Court found that the sum total of circumstances which are proved by the prosecution creates a complete chain and further leads to an unescapable inference that it is only the accused who has committed the offence and none else. The trial Court, as such, held accused no.1 guilty for the offence punishable under Section 302 as well as Section 498-A of Indian Penal Code and imposed sentence as described above. 7. Learned defence Counsel had raised following objections and has contended that finding of guilt recorded by the trial Court is unsustainable. (a) It is contended that the prosecution has not proved that the land where the body of deceased Alka was found lying is owned and possessed by accused. (b) There is no evidence placed on record by the prosecution to demonstrate that accused has knowledge in respect of death of Alka. (c) There is no evidence that the accused has absconded and as such there is absence of mens rea. (d) The Investigating Officer, who has been examined by the prosecution, has not stated that the accused was wearing blood stained clothes when his arrest was effected. (e) The prosecution has not fixed the time of death. It is contended that as per the post-mortem report, the death had occurred 36 to 48 hours prior to postmortem which period comes at about 10.30 a.m. to 10.30 p.m. on 03.09.2004. (f) There is no evidence in respect of accused and deceased seen together immediately prior to alleged incident. 8. It is contended that as per the post-mortem report, the death had occurred 36 to 48 hours prior to postmortem which period comes at about 10.30 a.m. to 10.30 p.m. on 03.09.2004. (f) There is no evidence in respect of accused and deceased seen together immediately prior to alleged incident. 8. With the assistance of learned Counsel Mrs. Jadhav, appearing for accused, we have scanned the evidence placed on record by the prosecution. P.W.1 - Mahadeo Tukaram Kale, who has been examined by the prosecution, is uncle of deceased Alka. He has given information to the police in respect of occurrence of offence on 04.09.2004, which 'was registered as Crime No.118/2004 at Police Station Ghansavangi. This witness although has stated about the unlawful demand of an amount of Rs.50,000/- by the accused for purchase of tempo and electric motor and the ill-treatment meted out to deceased Alka for non fulfilment of such demands, his evidence, in that regard, does not inspire confidence. That so far as the incident is concerned, it is stated by P.W.1 that on 04.09.2004, brother of deceased, Krishnadas Kale received a telephonic message that Alka is murdered. P.W.I. Mahadeo, along with his brother, hired a jeep and went to village Borgaon. The witness contends that he approached the house of accused Anil first, which was found locked and shutters of other rooms were also closed. Thereafter P.W.1 along with others proceeded to the agricultural land where the incident had taken place. There they noticed dead body of Alka lying in the Bajara crop. This witness also noticed injuries on the neck and other parts of body of deceased Alka. Thereafter P.W.1 proceeded to Police Station and lodged report which is at Exhibit-23. While commenting upon evidence of this witness, learned Counsel for the appellant, has raised an objection and invited our attention to an omission which has been brought on record in respect of visit of P.W.1 along with others to the house of Anil where they found that the house was locked and shutters of all the rooms were closed. In the identical fashion, P.W.2 Shankar, father of deceased Alka has deposed in respect of unlawful demands. He has also deposed in respect of receipt of telephonic message informing death of Alka at village Borgaon. This witness has also deposed in the identical manner as that of P.W.2. In the identical fashion, P.W.2 Shankar, father of deceased Alka has deposed in respect of unlawful demands. He has also deposed in respect of receipt of telephonic message informing death of Alka at village Borgaon. This witness has also deposed in the identical manner as that of P.W.2. Counsel for the appellant has also pointed out an omission in respect of visit of the witnesses to the house of accused Anil. Even taking into account the ommission that is apparent in the evidence of P.W.1 and P.W.2, the same is not material while considering the other circumstances which lead to completion of chain. No doubt the prosecution case rests on circumstantial evidence. In order to prove the circumstances which lead to an inference in respect of guilt of accused, the burden is on the prosecution to prove following facts, as has been laid down in the case of Sharad Birdhichand Sarda Vs. State of Maharashtra, (reported in AIR 1984 SC 1622 ) : (1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. The circumstances concerned 'must or should' and not 'may be' established. (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty. (3) the circumstances should be of a conclusive nature and tendency. (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. 9. In the instant matter, the circumstances those are said to be present and are proved by the prosecution, as contended by the learned Counsel for defence, can be summarised thus: (i) death of deceased Alka is homicidal; (ii) dead body of deceased Alka was found in the field belong to accused; (iii) Discovery of weapon of assault, viz. an axe at the instance of accused as well as recovery of a shirt having blood stains, at the instance of accused; (iv) Passive conduct of the accused; (v) Falsity of the defence raised by accused. 10. an axe at the instance of accused as well as recovery of a shirt having blood stains, at the instance of accused; (iv) Passive conduct of the accused; (v) Falsity of the defence raised by accused. 10. In order to bring home the contention that death of deceased is homicidal, the prosecution has placed reliance on the evidence of P. W.6 Dr. Anil Waghmare and Postmortem report which is at Exhibit-43. P.W.6 Dr. Anil has stated that he has conducted autopsy on the corpse of deceased Alka on 05.09.2004 at between 10.30 a.m. to 11.35 a.m. He found following injuries on the person of deceased, which are recorded in column 17 of the post-mortem report. (1) Chopped injury over back side of neck, extending over lateral side (both) of Neck, 12cms * 10cms; Cutting the cervical vertebrae C5 - C6 transversally. Both cervical vertebrae cut totally. Body of vertebrae also cut. Muscle of back also cut. Muscles of ant. neck trachea intact. Both cutting side of cervical vertebrae bones infiltration of blood staining seen. Cutting edges of muscle also seen infiltration of blood staining. (2) Laceration over back Rt. side superscapula region, 3" x 1.5 cm. x muscle deep. (3) Laceration over back Rt. side suprascapular region 2 inch x 1.5 cm x bona deep, near right shoulder. (4) Laceration over back below injury No.3, 2 cms x 1.5 cms x muscle deep. (5) Laceration over neck left side, 2 inches x 2 cms x muscle deep. Age of injuries 36 to 48 hours, probable weapon used having one end is sharp and another may be blunt. 11. The doctor has opined that injuries mentioned in column no.17 of the postmortem report are possible by article no. 1 axe, shown to the witness. According to the Medical Officer, probable cause of death is, "due to chopped injury with fracture dislocation of C5 - C6 cervical vertebrae with spinal cord injury". There is no serious dispute to the plea in respect of injuries recorded in the post-mortem report. However, it was suggested by the defence that injuries noted in column no.17 of the postmortem report are because of bite of wolves. The doctor has denied the suggestion. There is no escape to draw an inference that death of deceased is homicidal and is as a result of chopped injury. 12. However, it was suggested by the defence that injuries noted in column no.17 of the postmortem report are because of bite of wolves. The doctor has denied the suggestion. There is no escape to draw an inference that death of deceased is homicidal and is as a result of chopped injury. 12. That so far as the circumstances that body of deceased Alka was found lying in the field belonging to the accused is concerned, the evidence of P.W.1 and P.W.2 along with evidence of P.W. 4 Ankush, who is witness to panchanama of scene of offence, coupled with the evidence of Investigating Officer, goes to establish that the dead body of deceased Alka was found lying in the field which belongs to accused. The accused has seriously disputed the contention of the prosecution that the field where dead body of deceased was lying has not been proved to be belonging to the accused. It is contended that the prosecution has not placed on record the copy of 7/12 extract of the concerned gut number. However, it is appearing in the evidence of P.W.I that the said landed property of accused Anil is transferred in the name of his son. The fact remains that the land belongs to family of the accused. It is suggested to the witness that as accused no. I was undergoing treatment for his psychiatric illness, the property has been recorded in the name of his son. The defence cannot secure any advantage on placing reliance on this circumstance. The fact remains that the prosecution has established that dead body of Alka was lying in the field locally known as 'Wadacha Mala', which belongs to the family of accused. 13. Another material circumstance which is required to be taken note of is the passive conduct of the accused. At this stage, a reference is necessary to post-mortem report at Exhibit-43. Our attention has been invited to an endorsement appearing in column no.17 of the post-mortem report to the effect that age of injury is. 36 to 48 hours. The post-mortem was conducted on 05.09.2004 between 10.30 a.m. to J 1.35 a.m. If we reckon the period 36 to 48 hours prior to the conduction of post-mortem, same falls between 10.30 a.m. to 10.30 p.m. on 03.09.2004. 36 to 48 hours. The post-mortem was conducted on 05.09.2004 between 10.30 a.m. to J 1.35 a.m. If we reckon the period 36 to 48 hours prior to the conduction of post-mortem, same falls between 10.30 a.m. to 10.30 p.m. on 03.09.2004. Although it has been brought to our notice that death of deceased Alka might have occurred on 04.09.2004, however, taking into consideration the evidence in the form of post-mortem report, the same falls prior in time. This aspect does not lend any support to the defence of the accused, in any manner. It has been tried to be canvassed that the prosecution has failed to fix the probable time of death. However, this argument is required to be considered from the point of passive conduct of the accused. The dead body of deceased was found lying in the belonging to the family of the accused. However, there does not appear any move or any initiative on the part of accused no.1 to search his wife. There is nothing on record to suggest that the accused has taken any steps either for informing the police or relatives of deceased regarding disappearance of his wife. It has been tried to be canvassed that accused himself was not aware of occurrence of death of Alka, his wife. This argument is not acceptable for the reason that even after 36 to 48 hours from disappearance of the lady, her husband would not know that his wife is missing, is unpalatable. 14. The next circumstance that is required to be considered is in respect of discovery of the weapon of assault at the instance of accused as well as recovery of shirt belonging to the accused which was found stained with blood, and on chemical analysis, it is revealed that those stains matched with blood group of deceased Alka. In this regard, evidence of P.W.3 Baban is material. The witness has deposed in respect of production of clothes by accused Anil in the presence of panchas. It is stated by the witness that the clothes discovered were stained with blood. The witness has identified the muddemal article no.2 when shown to him in the court i.e. a shirt belonging to accused. P.W.3 has also deposed in respect of discovery of an axe at the instance of accused which was kept in 'bajara' crop about 20 feet away from the place of incident. The witness has identified the muddemal article no.2 when shown to him in the court i.e. a shirt belonging to accused. P.W.3 has also deposed in respect of discovery of an axe at the instance of accused which was kept in 'bajara' crop about 20 feet away from the place of incident. The witness has identified muddemal article no. 1 before the Court. There is nothing in the cross-examination of P.W.3, which can lead us to disbelieve the contention in respect of discovery of weapon of assault as well as recovery of blood stained clothes at the instance of accused. This evidence has to be read along with the report of Chemical Analyser which is at Exhibit19. Article 1, an axe was found to be stained with blood, whereas article 5, Manila belonging to accused, is found to be stained with blood of group 'AB'. On perusal of Exhibits-20 and 21 it is evident that the blood group of accused is of type 'B', whereas blood group of deceased is of 'AB'. Finding of blood stains on the clothes belonging to the accused as well as finding of stains of human blood on the weapon of assault, is the strongest circumstance appearing against the accused. 15. Taking resume of the circumstances serialised above, it is apparent that the circumstances lead to an irresistible conclusion that it is only the accused and none else who is the author of the crime. Even if the circumstance in respect of weak motive is excluded, the sum total of the circumstances brought on record lead to a conclusion that the prosecution is successful in linking up the chain of circumstances which lead to a positive conclusion in respect of guilt of the accused. 16. Now turning to the contention in respect of absence of motive or rather to say that motive is not sufficiently strong so as to compel the accused to commit such a heinous crime. Although P.W.1 and P.W.2 have stated about the ill-treatment on account of non fulfilment of unlawful demands by the accused, as has been commented upon earlier, evidence of P.W.1 and P.W.2 although falls short of holding accused guilty for commission of offence under Section 498-A, the aspect which is relevant for consideration is that the deceased was the wife of accused no. 1 , who was residing under the same roof with accused. 1 , who was residing under the same roof with accused. Taking into consideration the delicate nature of relationship, it would be difficult to arrive at any conclusion in respect of intention harboured by the accused. It would be just a matter of guess-work to infer and analyse how an individual will react if placed in particular situation. As has been laid down by the Apex Court in the matter of Rajinder Kumar and another Vs. State of Punjab, reported in AIR 1966 SC 1322 , that the motive behind a crime (in this case one punishable under 5.302, Indian Penal Code), is a relevant fact of which evidence can be given. The absence of a motive is also a circumstances which is relevant for assessing the evidence. The circumstances which prove the guilt of the accused are, however, not weakened at all by this fact that the motive has not been established. It often happens that only the culprit himself knows what moved him to a certain course of action. It has been laid down by the Apex Court in para 16 of its judgment in the case of Nathuni Yadav & others Vs. State of Bihar and another, reported in A.I.R. 1997 SC 1808, that: "Motive for doing a criminal act is generally a difficult area for prosecution. One cannot normally see into the mind of another. Motive is the emotion which impells a man to do a particular act. Such impelling cause need not necessarily be proportionally grave to do grave crimes. Many a murders have been committed without any known or prominent motive. It is quite possible that the aforesaid impelling factor would remain undiscoverable. Lord Chief Justice Champbell struck a note of caution in Reg V s. Palmer (Shorthand Report at page 308 (sic) CCC May, 1856) thus: "But if there be any motive which can be assigned, I am bounded to tell you that the adequacy of that motive is of little importance. We know, from experience of criminal courts that atrocious crimes of this sort have been committed from very slight motives; not merely from malice and revenge, but to gain a small pecuniary advantage, and to drive off for a time pressing difficulties." Though, it is a sound proposition that every criminal act is done with a motive. We know, from experience of criminal courts that atrocious crimes of this sort have been committed from very slight motives; not merely from malice and revenge, but to gain a small pecuniary advantage, and to drive off for a time pressing difficulties." Though, it is a sound proposition that every criminal act is done with a motive. it is unsound to suggest that no such criminal act can be presumed unless motive is proved. After all, motive is a psychological phenomenon. Mere fact that prosecution failed to translate that mental disposition of the accused into evidence does not mean that no such mental condition existed in the mind of the assailant. In Atley Vs. State of U.P. ( AIR 1955 SC 807 ) it was held "that is true, and where there is clear proof of motive for the crime, that lends additional support to the finding of the Court that the accused was guilty but absence of clear proof of motive does not necessarily lead to the contrary conclusion." In some cases, it may not be difficult to establish motive through direct evidence, while in some other case inferences from circumstances may help in discerning the mental propensity of the person concerned. There may also be cases in which it is not possible to disinter the mental transaction of the accused which would have impelled him to act. No proof can be expected in all cases as to how the mind of the accused worked in a Particular situation. Sometimes, it may appear that the motive established is a weak one. That by itself is insufficient to lead to any inference adverse to the prosecution. " Taking over all resume of the circumstances, we are of the considered opinion that even failure of the prosecution to prove strong motive would not be an impediment to draw a conclusion on the basis of circumstances appearing on record to draw an inference in respect of guilt of the accused. 17. Another factor, which can be taken into account is in respect of falsity of the defence raised by the accused. The accused has contended that the injury on the person of deceased may be outcome of attack by wolves, which possibility has been refuted by the Medical Officer and further it has been clearly established that death of deceased is the result of injury inflicted on her neck. The accused has contended that the injury on the person of deceased may be outcome of attack by wolves, which possibility has been refuted by the Medical Officer and further it has been clearly established that death of deceased is the result of injury inflicted on her neck. The accused has failed to substantiate his defence in respect of attack on the deceased by wolf. Another explanation, which has been put forward, as appearing from suggestion given to P.W.2 is in respect of unstable mental state of the accused. It is suggested to P. W.2 that accused no. 1 has become a psychiatric patient and was under treatment after marriage. In order to bring the case within the purview of Exception under Section 84 of the Indian Penal Code, the burden rests on the accused to demonstrate and to establish that he was incapable of understanding the consequences of his act because of reason of unsoundness of mind. In the instant matter, the accused has not demonstrated that during the relevant period his mental state was such that he was unable to understand the consequences of his act. Furthermore, in order to derive benefit of Section 84 of the Indian Penal Code, it is necessary to admit commission of act itself. In the instant matter, on one hand, accused feigned ignorance in respect of occurrence of the incident, whereas, on the other hand, has raised multifarious defences such as attack on the deceased by wolves or in respect of unstable mental state of the accused. Falsity of defence raised by the accused lends support to the circumstances serialised above, which are appearing against the accused. As has been laid down by the Apex Court in its judgment in the case of Harendra Narain Singh etc. Vs. State of Bihar, reported in AIR 1991 SC 1842 , in a case founded on circumstantial evidence, the falsity of the explanation of the accused for the circumstances and the facts proved against him, provides an additional link. It has been observed in para 6 of the judgment that: "Penal Code (1860), 5.300 - Murder - Case based on circumstantial evidence - Use of false explanation of accused for circumstances and facts proved against him as additional link against him - Conditions to be fulfilled indicated. Evidence Act (1872), S.3. It has been observed in para 6 of the judgment that: "Penal Code (1860), 5.300 - Murder - Case based on circumstantial evidence - Use of false explanation of accused for circumstances and facts proved against him as additional link against him - Conditions to be fulfilled indicated. Evidence Act (1872), S.3. "Where a case is founded on circumstantial evidence, before absence of explanation or a false explanation of the accused for the circumstances and the facts proved against him is used as additional link against the accused the Court should satisfy itself that (1) various links in the chain of evidence led by the prosecution have been satisfactorily proved. (2) The circumstances point to the guilt of accused with reasonable definiteness; and (3) the circumstances are in proximity to the time and situation where all these conditions are fulfilled." It has also been observed by the Apex Court in the matter of Swap an Patra & others Vs. State of West Bengal, reported in 1991 SCC (Cri) 1153, that: "It is well settled that in a case of circumstantial evidence when the accused offers an explanation and that explanation is found to be untrue then the same offers an additional link in the chain of circumstances to complete the chain." In the instant matter, as the circumstances appearing on record point out a finger of guilt towards accused, the explanation offered by the accused, which is found to be patently false, provides an additional link in the chain of circumstances. 18. Learned Counsel for the appellant has placed reliance on the judgment in the case of Malleshappa Vs. State of Karnataka, reported in 2007 AIR SCW 6100: [2008 ALL MR (Cri) 280 (S.C.)], and contended that the prosecution has failed to place on record any evidence in respect of accused and deceased being in the company of each other prior to the occurrence of the incident. The accused husband and his wife were residing under one roof. The passive conduct of accused on disappearance of his wife, coupled with circumstance of discovery of weapon of assault stained with human blood and a shirt belonging to accused having blood stains of group "AB", which is the blood group of his deceased wife, are sufficient circumstances positively pointing finger towards accused. The passive conduct of accused on disappearance of his wife, coupled with circumstance of discovery of weapon of assault stained with human blood and a shirt belonging to accused having blood stains of group "AB", which is the blood group of his deceased wife, are sufficient circumstances positively pointing finger towards accused. Although there is no positive evidence coming from the prosecution, in respect of victim and accused being seen together just prior to the occurrence, the circumstances which are serialised above do not deter us from drawing an inference in respect of guilt of the accused. It has been argued by the learned Counsel for appellant that the prosecution has not proved the guilt of the accused beyond a reasonable doubt. It is contended that the evidence placed on record by the prosecution falls short of holding the accused guilty. It is, therefore, contended that a reasonable doubt has been raised as regards complicity of the accused in the crime and as such the accused is entitled for benefit of doubt. In this respect, it would be advantageous to refer to the comments of the Apex Court in the matter of Ramakant Rai Vs. Madan Rai & Others, reported in AIR 2004 SC 77 . "Doubts would be called reasonable if they are free from zest for abstract speculation. Law cannot afford any favorite other than truth. To constitute reasonable doubt, it must be free from an over emotional response. Doubts must be actual and substantial doubts as to the guilt of the accused persons arising from the evidence, or from the lack of hit, as opposed to mere vague apprehension. A reasonable doubt is not an imaginary, trivial or a merely possible doubt; but a fair doubt based upon reason and common sense. It must grow out of the evidence in the case. "The concepts of probability, and the degrees of hit, cannot obviously be expressed in terms of units to be mathematical enumerated as to how many of such units constitute proof beyond reasonable doubt. There is an unmistakable subjective element in the evaluation of the degrees of probability and the quantum of proof. Forensic probability must, in the last analysis, rest on a robust common sense and, ultimately, on the trained intuitions of the Judge. There is an unmistakable subjective element in the evaluation of the degrees of probability and the quantum of proof. Forensic probability must, in the last analysis, rest on a robust common sense and, ultimately, on the trained intuitions of the Judge. While the protection given by the criminal proceeds to the accused persons is not to be eroded, at the same time uninformed legitimisation of trivialities would make a mockery of administration of criminal justice. This position was illuminatingly stated by Venkatachalia, J. (As His Lordship then was) in State of U.P. Vs. Krishna Gopal & another ( AIR 1988 SC 2154 )"." In spite of the prosecution having not placed on record evidence in respect of accused having been last seen together in the company of deceased, the circumstances, which we have serialised above, namely death of deceased being homicidal, dead body of deceased Alka was found in the field belonging to accused, discovery of weapon of assault, viz. an axe at the instance of accused as well as recovery of a shirt having blood stains, at the instance of accused, passive conduct of the accused, falsity of the defence raised by accused, are sufficient to draw a reasonable and irresistible conclusion in respect of guilt of the accused. 19. For the reasons stated above, we are of the considered opinion that the judgment and order in respect of conviction and sentence imposed by the III Ad hoc Additional Sessions Judge at Jalna in Sessions Case No. 10512005, convicting the accused for offence under Section 302, I.P.C. and imposition of sentence by order dated 23.12.2005, does not call for any interference and same stands confirmed. However, conviction and sentence imposed for offence under Section 498-A of I.P.C. is quashed and set aside. Fine amount on that account, if is deposited, shall be refunded to appellant -accused. 20. Appeal thus stands partly allowed. Office is directed to transmit certified copy of this judgment free of cost to the accused, who is lodged in jail. Appeal partly allowed.