Judgment GUMAN SINGH, J.:- Challenge in this appeal is to the judgment dated 28-3-2003 passed by Special Judge (Fake Currency Cases), Jaipur City, Jaipur, in Sessions Case No. 23/02, whereby Ramesh Chand Ajmera appellant herein, was convicted and sentenced as under: To suffer imprisonment for life and fine of Rs. 1,000/- in default to further undergo rigorous imprisonment for a period of six months. 2. Briefly stated, the prosecution case is that on 17-12-2001, at about 9.30 p.m., accused appellant Ramesh Chand went to the Police Station Sadar, Jaipur City (South) and reported that he was residing in House No. 144, Hasanpura behind C.P.W.D. and earned his livelihood through manual work. He lived there along with his wife Shakuntala and children and that he was harbouring a suspicion about the character of his wife for quite some time. He even did not go out to work for last two days and remained at his house. On 16-12-2001, he along with his family took dinner and went to sleep at about 9.30-10 p.m. In the night then all were asleep, he strangulated his wife to death with a towel. Then he also killed his sons Hanuman and Shiv Shankar in the same way. When he was to put to death to his doughter Kalpana, she woke up. However, she was made to sleep and then in the day i.e. on 17-12-2001 at about 5.30 a.m., he along with Kalpana left for Bandilmi and returned back in the evening. They he left Kalpana to the house of her maternal aunts and approached the police station to report the incident and the fact that the dead bodies were still lying in the room locked by him and also produced the key thereof. The above report No. 1239 was entered in the daily diary of the Police Station and on being read over to the appellant, the same was signed by him. On this information, Manoj Kumar, Sub-Inspector along with Constable Ram Khiladi proceeded to the House No. 144, Hasanpura, C.P. W.D. for verification of the contents of the report along with the accused appellant. The senior officers were also informed of the matter. On reaching to the aforesaid house, the accused appellant opened the lock of his house with the aforesaid key in the presence of motbirs. The senior officers were also informed of the matter. On reaching to the aforesaid house, the accused appellant opened the lock of his house with the aforesaid key in the presence of motbirs. On opening the south facing door of the room, dead body of a woman was found lying on the floor while dead bodies of two children were lying on the cot. Thus a report was drawn about the whole incident on the spot at 10.30 p.m. by Manoj Kumar, Sub-Inspector and the same was sent to the Police Station for registration of a case through Constable Ram Khiladi. On receiving the report at the Police Station Sadar, Jaipur City, at 10.45 p.m. a case under S.302 IPC was registered and the investigation proceeded. 3. The accused appellant was arrested on the spot who had accompanied the police. A memo showing the position of dead bodies in the room was prepared. The post mortem of dead bodies was conducted. Site map and other memos were prepared and after completion of investigation, challan against the accused appellant was filed in the Court. In due course, the case camp up for trial before the Special Judge (Fake Currency Cases), Jaipur City, Jaipur. The accused appellant was charge-sheeted for the offence under Section, 302 IPC. He pleaded not guilty and daimeei trial. Prosecution examined as many as 23 witnesses. Then the statements of accused appellant under Section 313 Cr. P. C. were recorded wherein he did not furnish any explanation and simply stated that accusation was false and he was innocent. However" no witness in defence was examined. After hearing the final arguments the accused appellant was convicted and sentenced in the manner as indicated herein above. 4. We have heard learned counsel for appellant, learned Public Prosecutor and scanned the material on record. Learned counsel for the appellant has assailed the conviction on the ground that the report lodged by the appellant himself amounts to confession by an accused to the police and as such the same is hit by the provisions of Section 25 of the Indian Evidence Act (hereinafter referred to as the Act) and as such the same cannot be made basis of conviction. It is further argued that the prosecution case is mainly based on circumstantial evidence and the prosecution has failed to prove the chain of circumstances leading to the only conclusion that the accused appellant was guilty for murder beyond doubt. 5. Per contra, learned Public Prosecutor supported the judgment of learned trial Court and contended that even without making use of the report amounting to confession by the accused, the chain of circumstantial evidence adduced by the prosecution is sufficient to base conviction. " 6. In the instant case, though the formal first information report was not registered by the police on receipt of the confessional report and the same was entered in the daily diary of the police station and the formal first information report was registered after verification of the incident by the police official who proceeded to the place of occurrence after the three dead bodies were found in the house as reported. But the report made by the accused appellant being first in time, disclosing ingredients of the offence and thereby submitting himself to the police for proceedings as per law, amounts to surrendering himself before the police and as such the same is hit by the provisions of Section 25 of the Act. In a similar fact situation where confessional F. I. R. was lodged by the accused, the Honble Apex Court had" an occasion to consider this aspect in Aghnoo Nagesia v. State of Bihar, AIR 1966 Supreme Court I 19"wherein it was held that such entire first information report is required to be excluded, from evidence except the part of the report, identifying the appellant as a maker of such report and also what was saved by Section 27 of the Act. That the prosecution case is essentially based on the circumstantial evidence." 7. That the prosecution case is essentially based on the circumstantial evidence." 7. In Padala Veera Reddy v. State of A.P., 1989 Supp (2)SCC 706: (1990 Cri,W 605: AIR 1990 SC 79 ), it was laid down 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 all 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 as such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence. 8. In Hanumani Govind Mnargundkar v. State of M. P., AIR 1952 SC 343 , it was observed thus:- "It is well to remember that in cases where the evidence is of a circumstantial nature the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show within all human probability the act must have been done by the accused." 9. In the present case the trial Court has noted several factors to hold that the prosecution has been successful to prove guilty beyond doubt. Firstly; the medical evidence adduced in the case goes to show that post mortem of deceased Smt. Shakuntala, Shiv Shankar and Hanuman were conducted by Dr. P.C. Vyas (P. W. 10), Dr. H.L. Bairwa (P.W. 12) and Dr. Mehnud.(P.W. 20) respectively and as per the post mortem reports (Ex. Firstly; the medical evidence adduced in the case goes to show that post mortem of deceased Smt. Shakuntala, Shiv Shankar and Hanuman were conducted by Dr. P.C. Vyas (P. W. 10), Dr. H.L. Bairwa (P.W. 12) and Dr. Mehnud.(P.W. 20) respectively and as per the post mortem reports (Ex. P.17), (Ex. P.18), and. (Ex. P.23) injuries were ante-mortem in nature and ligature marks were found on the neck of all the deceased and the cause of death was found to be asphyxia due to ante-mortem t strangulation, which was sufficient to cause r death in the ordinary course of nature, Duration of death was 1-2, days prior to post c mortem examination. Thus the death of Smt. Shakuntala, wife of the appellant and his two sons Shiv Shankar aged 9 years and Hanuman aged 8 years was homicidal in nature being asphyxia due to ante-mortem strangulation. The duration of death further confirms to the fact that the three victims could be put to death on intervening night of 16th and 17th of Dec. 2001. 10. Next circumstance pertains to the fact that the incident came to the light when (Ex. P. 1) report was made by the appellant himself to the police and on opening the door of the room belonging to the appellant with the key produced by him to (P. W. 1) Manoj Kumar Sub-Inspector in the presence of Shiv Shankar Tiwari (P. W. 3) and Ashwani Kumar (P.W.7) vide Ex. P. 2 where three dead bodies were found locked in the room. This leads to the conclusion that none else except the appellant had an access to the room who could execute the ghastly act of killing three victims. 11. Yet another limb of chain pertains to the fact that three Railways Tickets, one for travelling from Jaipur to Bandikui and two from Bandikui to Jaipur were found at the time of arrest vide (Ex. P. 13) on 17-12-200 I at 11.55 p. m. and the same were seized vide Memo (Ex. P. 14). This indicates that the appellant has been out of his house on 17th for the whole of the day until he reported the matter to the police at 9.30 p.m. This fact is further confirmed by Mangla Ram (P. W. 6), who was the tenant of the appellant. P. 14). This indicates that the appellant has been out of his house on 17th for the whole of the day until he reported the matter to the police at 9.30 p.m. This fact is further confirmed by Mangla Ram (P. W. 6), who was the tenant of the appellant. He is in little confusion about the dates but has deposed that the dead bodies were found in the room by the police and that no body was in the house in the day and appellant was missing since 5 0 Clock in the morning and he had taken his daughter with him. Kishan Lal (P. W. 14) who was also tenant in the house has also corroborated the above fact. This indicates that the accused appellant alone and none else had any access to the room where ghastly act was committed. Though, Kalpana (PW 19) aged 13, the only surviving member of the family could throw some light on the point but she has turned hostile. However, that does not adversely affect the otherwise proved factual aspect on the point. 12. The other limb of the chain pertains to the conduct of the accused after the commission of the offence. Had there been any body else responsible for the said ghastly act of three murders, it would have been quite natural for the appellant to make hue and cry and form the neighbours but none of the tenants and neighbours who have been examined as witness were in know of the incident until they came to know of it after police reached to the place of incident on being informed by the appellant and room was unlocked and three dead bodies were found. Reporting the matter to the police by lodging the report is a chain to strengthen the link. 13. Recovery of blood stained towel with I human hair at the information and instance of the accused appellant vide memo (Ex. P.25) and (Ex. P. 15) from the box lying in the kitchen after breaking open the lock of the kitchen is yet another link. This towel was sent for chemical examination and vide chemical examination report (Ex. P. 27), the towel was found stained with human blood of AB group and hair were found to be of human origin. P.25) and (Ex. P. 15) from the box lying in the kitchen after breaking open the lock of the kitchen is yet another link. This towel was sent for chemical examination and vide chemical examination report (Ex. P. 27), the towel was found stained with human blood of AB group and hair were found to be of human origin. This further refers to the fact that as per the report the vial containing blood sample of deceased Smt. Shakuntala and Shiv Shankar were found to be of group A while that of Hanuman was found to be of group B. This indicates that the towel recovered at the information and instance of appellant was in fact used to strangulate all the three victims and hence it was stained with blood group AB. This provides a strong link to connect the appellant with the crime. 14. The evidence adduced by the prosecution further proves that on the intervening night of 16th and 171 h December, 200 I, when the ghastly crime was committed at the house of the appellant, he was present there along with this family members but he failed to explain as to how he claims to be innocent in his statement recorded Section 313 Cr. P. C. In fact; what happened on that fateful night with, his family members in the room could be in the special knowledge of the accused appellant and it was his duty to explain the same so as to indicate his innocence. Failure to do so in the facts arid circumstances of the case is yet another link of the chain to connect the accused with the crime. Though, in this case, motive of the crime has been disclosed in confessional report by the appellant but that could not be explicitly brought on the record. Consequent upon report Ex. P.4 being lodged by the appellant, three dead bodies of the victims were recovered from his house which was locked and key was produced by him. Thus in view of the overwhelming circumstantial evidence adduced in the case, absence of motive of crime does not break the link in the chain connecting the accused, as held by the Honble Apex Court in Mulakh Raj v. Satish Kumar, AIR 1992 SC 1175 : (1992 Cri W 1529), as under:- "Undoubtedly in cases of circumstantial evidences motive bears important significance. Motive always locks up in the mind of the accused and some time it is difficult to unlock. People do not act wholly without motive. The failure to discover the motive of an offence does not signify its non existence, The failure to prove motive is not fatal as a matter of law. Proof of motive is never an indispensable for conviction. When facts are clear it is immaterial that no motive has been proved. Therefore, absence of proof of motive does not break the link in the chain of circumstances connecting the accused with the crime, nor militates against the prosecution case." 15. Thus, we find that the circumstances discussed herein above taken cumulatively, from a chain so complete that there is no escape from the conclusion that within all human probability the murder of the three deceased was committed by the accused appellant and none else. We thus see no infirmity in the impugned judgment of the learned trial Judge. In our opinion the guilt under Section 302 IPC is proved beyond reasonable doubt. 16. For these reasons, the appeal being devoid of merit stands dismissed. Appeal dismissed.