JUDGMENT : R.M. Chhaya, J. Present appeal arises out of judgment and order rendered by learned Additional Sessions Judge, Fast Track Court, Amreli on 25.10.2002 in Sessions Case No.8 of 2000, convicting the appellant-accused for the offence of murder of Manishaben Babubhai Kotiya under Section 302 of the Indian Penal Code, 1860 ('IPC' for short) and sentencing him to imprisonment for life and under Section 394 of the IPC and sentencing him to undergo rigorous imprisonment for a period of ten years. The sentences imposed upon the appellant-accused are to run consecutively. 2. The prosecution case, briefly, stated, was that on 10.07.1999 at about 11:30 hrs. Manishaben Babubhai Kotiya, (since deceased), while she was proceedings towards her field to deliver food for her brother and other family members, where they had gone for agricultural work, the present appellant-accused (the accused), with an intention to commit murder and robbery, assaulted the deceased with a knife and inflicted blows in haphazard manner upon her chest and other parts of the body and after doing so the accused took away the golden chain and the golden amulet, which was round her neck tied in a black thread. That as it had started raining, brother of the deceased, along with his another sister-Tejal and mother-Nabuben, returned back at about 12 noon and when they reached the place called 'khokhari na dhore' they found the deceased lying unconscious with injuries. That they could notice that the deceased being assaulted with knife and had noticed 4-5 blows. At that moment they also found that the deceased was alive and, therefore, all three took the deceased in a bullock cart to their home. That thereafter they called 4-5 elders from the village and when they checked the deceased, she was dead. It was also found that the golden chain and the golden amulet round her neck tied in a black thread were missing from the body of the deceased. 3. Pursuant to the aforesaid offence, an F.I.R. came to be lodged by brother of the deceased, Ghanshyam (PW-2) before Chalala Police Station. After full-fledged investigation and collecting necessary evidence charge-sheet was submitted before learned Judicial Magistrate, First Class, Dhari, who, in turn, committed the case to the court of Sessions as the case was being exclusively triable by the Court of Sessions and the same was registered as Sessions Case No. 8 of 2000. 4. After full-fledged investigation and collecting necessary evidence charge-sheet was submitted before learned Judicial Magistrate, First Class, Dhari, who, in turn, committed the case to the court of Sessions as the case was being exclusively triable by the Court of Sessions and the same was registered as Sessions Case No. 8 of 2000. 4. Charges were framed by the trial Court against the accused below Exh.2 for the offences punishable under Sections 302 and 394 of the IPC. The accused had pleaded not guilty to the charges and claimed to be tried. 5. After considering the evidence led by the prosecution, the trial Court came to the conclusion that the prosecution was successful in proving the charges against the appellant and recorded conviction by the judgment impugned in this appeal. Hence, the present appeal. 6. Heard Ms. Sandhya D. Natani, learned advocate appearing on behalf of the appellant, while the respondent-State has been represented by the learned A.P.P. Mr.D.C.Sejpal. 7. Ms. Natani has taken us through the oral testimonies of PW-2, PW-8, PW-1, PW-9 as well as PW-11, Investigating Officer. She submitted that there is no eye-witness of the alleged incident and the entire case of the prosecution is based on circumstantial evidence. Ms. Natani further submitted that the prosecution has failed to establish the chain of circumstances and the same is not complete. She submitted that the trial court has wrongly believed the case of the prosecution. 7.1. Ms. Natani further contended that even though the case of the prosecution is that the deceased was going towards her field to give tiffin to her brother and other family members, however, no tiffin box was found at the place of alleged incident. It was also pointed out that even though PW-2, the first informant, had categorically stated in his deposition that his mother and sister-Tejal were with him when he saw the deceased lying in an unconscious state at 'khokhari na dhore', the prosecution has not examined both of them. Ms. Natani submitted that behaviour of PW-2 was unnatural in as much as when he found the deceased injured, he took her at home instead of hospital. She further submitted that the prosecution witnesses are relatives and were present at the house of the deceased and were also present at the time of recording F.I.R. and are not independent witnesses but interested witnesses. She further submitted that the prosecution witnesses are relatives and were present at the house of the deceased and were also present at the time of recording F.I.R. and are not independent witnesses but interested witnesses. Ms.Natani further submitted that there are contradictions in evidence of PW-2, the first informant, as well as the other witnesses. She further submitted that discovery of ornament from the accused is also doubtful and his presence itself is also doubtful. She further submitted that the so called extra-judicial confession by the accused before PW-10, Nilesh Mansukh, is not believable as the accused came to be arrested on that very night. She also submitted that the oral testimony of PW-10 is not believable as relations between the accused and the family of PW-10 were not cordial and that the prosecution has not examined parents of PW-10 and, therefore, no reliance can be placed upon the oral testimony of PW-10. Ms. Natani further submitted that the prosecution has not been able to establish perfect time of the occurrence and from the evidence on record different timings have come on record. She further submitted that no motive has been established by the prosecution and has, therefore, argued that the prosecution has not been able to prove the complete chain of circumstances and has submitted that the appeal may be allowed by setting aside the impugned judgment and order of conviction and sentence. 8. Learned A.P.P. Mr. D.C. Sejpal has opposed the present appeal. He submitted that the prosecution has been able to prove the complete chain of circumstances and has submitted that it is a full proof case. 8.1. Mr. D.C. Sejpal has taken us through the oral testimonies of PW-2, PW-9 and PW-10 as well as evidence of the doctor (PW-1), who performed autopsy on the dead body of the deceased, so also the evidence of PW-8. He further submitted that the prosecution has successfully proved the charges levelled against the accused to its hilt and has proved the complete chain of circumstances. Mr. Sejpal submitted that the accused has given an extrajudicial confession before PW-10, Nilesh. He further submitted that the golden chain, worn by the deceased, which was given by the accused to PW-10, was brought before the investigating agency by PW-10. Similarly, the recovery of the golden amulet was at the instance of the accused himself. Mr. Mr. Sejpal submitted that the accused has given an extrajudicial confession before PW-10, Nilesh. He further submitted that the golden chain, worn by the deceased, which was given by the accused to PW-10, was brought before the investigating agency by PW-10. Similarly, the recovery of the golden amulet was at the instance of the accused himself. Mr. Sejpal therefore, submitted that the learned trial Court was perfectly justified in its judgment of conviction and sentence looking to the evidence on record of the case and further submitted that the appeal is devoid of any merits and the same deserves to be dismissed. 9. We have examined the record and proceedings in context of the rival submissions. 10. Upon reading evidence of PW-2, Ghanshyambhai Babubhai Kotiya (Exh.25), the first informant and brother of the deceased, we find that PW- 2, along with her mother and another sister Tejal had gone to his agricultural field and as it started raining, they all three were returning home at about 12 noon and when they reached 'khokhari na dhore' they found the deceased lying in an unconscious state and also found 4-5 knife injuries upon her body. Upon further reading of evidence of PW-2, we also find that even the two ornaments worn by the deceased, as aforesaid, were missing. We also find that, as they found that the deceased was alive, all three took the deceased to their house in a bullock cart and after reaching home they called 4-5 elders of the village and when they checked the deceased she was dead and subsequently PW-2 lodged the F.I.R, as aforesaid. This witness has also stood the test of cross-examination. 11. Upon reading evidence of PW-6, Balubhai Chhaganbhai Limbani (Exh.34), owner of a barber shop in village Virpur, we find that this witness has deposed that on the date of incident one Bavkubhai @ Bachubhai, uncle of PW-9 and one Dhirubhai were sitting on the 'otla' of his shop and at that time, at about 11:30 hrs., the accused came to his shop and asked as to when and where the deceased was taking tiffin and to that PW-6 replied that the deceased was going to the field. PW-6 asked the accused why he was asking such questions. Thereafter, the accused went towards the field. 12. PW-6 asked the accused why he was asking such questions. Thereafter, the accused went towards the field. 12. Upon reading evidence of PW-9, Babubhai Chhaganbhai Kotiya, father of the deceased, we find that on the date of the incident at about 7 a.m. PW-9, along with his friend-Muljibhai, had gone to village Chalala for purchasing and while returning between 11:00 to 11:30 hrs. on his motorbike when they reached near the temple of village, he found the appellant accused standing near the temple along with Katubhai (PW-8) and on inquiring, the accused informed PW-9 that he intends to go to Dhari for purchasing petrol. 13. Upon reading evidence of PW-10, Nilesh Mansukhbhai, nephew of the accused, we find that after the incident, on the same day, at about 5 O'clock, the accused went home of PW- 10 at Village Vadiya and informed him that he had murdered a girl of Kanbi (Patel) of Virpur village and expressed his desire to stay there overnight. We also find that on coming to know about the said fact, PW-10 refused to give shelter at his residence. We also find that the accused handed over the broken golden chain to PW-10 and stated to get it repaired and he would get it back after 2-3 days. We further find that PW-10 handed over the said broken golden chain to the police on the next day, after he came to know that the accused was arrested by the police. 14. Upon reading evidence of PW-8, Katubhai Govindbhai Khan, (Exh.36) we find that on the date of the incident at about 1:30 p.m when PW-8, after having lunch, went to fetch water from a farm, situated near the road side, it had started raining and, therefore, PW-8 took shelter under the ambali tree and thereafter because of heavy rain, he took shelter under nearby temple of Lord Shiva and at that point of time PW-8 found the accused coming from the river side and had also taken shelter under the same ambali tree and thereafter under the aforesaid temple of Lord Shiva and upon asking him he expressed his desire to go to Dhari. 15. Upon reading evidence of PW-1, Dr. 15. Upon reading evidence of PW-1, Dr. Rambhai Hajabhai Garania (Exh.22), who performed the autopsy on the dead body of the deceased, we find that the following external as well as internal injuries were found on the dead body of the deceased: External injuries: (i) Mouth bite mark over anterior aspect of Rt. forearm, middle region, Dissect & send for chemical analysis. (ii) Incised wound 3.5 cm x 1 cm deep to muscle over medieal aspect of Lt. wrist joint. (iii) Incised wound 2 cm x 0.5 cm deep to cavity over Rt upper lateral pectoral region. (iv) Incised wound 4 cm x 1 cm, penetrating in nature 1” below Rt sternoclavical region, oblique to Lt. side deep to cavity. (v) I.W. over Lt pectoral region 1” below the mid clavicle oblique, deep to bone 2 cm x 1 cm deep to bone. (vi) I.W. over Lt. pectoral region 1 cm below the Injury No.5, 2 cm x 1 cm deep to bone, oblique. (vii) I.W. over Lt pectoral region, 1 cm below the nipple oblique deep to bone 3 cm x 1 cm. (viii) I.W. 1 cm x 0.5 cm Lt. side of umbilicus subcutaneous deep. (ix) I.W. 2.5 cm x 1 cm over Lat. aspect of Lt. Chest region at 9th rib. (x) I.W. over Lt suprascapular region 2.5 cm x 1 cm deep to cavity penetrating in nature, oblique (xi) I. Wound over Lt. paraspinal region 2.5 x 1 cm deep to bone at level of Lt 4th rib, Transverse in nature. (xii) I. Wound over Lt. paraspinal region 2.5 x 1 cm deep to bone below injury No.11 Transverse. (xiii) I. Wound over Lt. paraspinal region 2.5 x 1 cm deep to cavity at level of 6th rib, oblique. Internal injuries: (i) fracture of sternal bone at Rt. sternoclavical joint Rt. Side. (ii) I. Wound at Post. aspect Rt. Side 2.5” x 1 cm” corresponding to injury No. (Ext.) 13. (iii) Collapsed Incised wound over mid lobe corresponding to Ext. Injury No.13, about 150 cc blood in Rt. Plural space. (iv) NAD, congested, hemorrhage in plural space about 300 cc. (v) I. Wound corresponding to Injury No.7 (Ext.) 1 cm x 0.5 cm, blood in pericardium; (vi) I. Wound over Rt. Ventricle deep to cavity 1. (iii) Collapsed Incised wound over mid lobe corresponding to Ext. Injury No.13, about 150 cc blood in Rt. Plural space. (iv) NAD, congested, hemorrhage in plural space about 300 cc. (v) I. Wound corresponding to Injury No.7 (Ext.) 1 cm x 0.5 cm, blood in pericardium; (vi) I. Wound over Rt. Ventricle deep to cavity 1. cm x 0.5 c.m. We find opinion of the doctor, according to him the cause of death is 'Cardiorespiratory failure due to hemorrhage & shock due to injuries she received on her body'. Upon further reading the evidence we find, as per opinion of the doctor, injury Nos.3, 5 and 6 were sufficient to cause death and the same could have been caused by a sharp-edged cutting weapon like knife. We also find that this witness has opined that the death of the deceased must have occurred before 6-8 hrs. before the postmortem. 16. From the entire evidence we find that the prosecution has been able to prove the full chain of circumstances. We find from the evidence that between 11:00 to 11:30 p.m. the accused was found standing near the temple of Lord Shiva and when PW-9, father of the deceased inquired, the accused informed that he intends to go to Dhari. Similarly, when PW- 2 was returning from his agricultural field he found the deceased lying near 'khokhari na dhore' at about 12. Also, PW-8 Katubhai found the accused coming from the river side at about 1:30 a.m. It may also be noted that place from where PW-8 noticed that is river side is the place where weapon knife was recovered, which was used by the accused for committing the offence. 17. We, therefore, hold that the prosecution has been successful in establishing the fact about the time of occurrence of the crime. The second circumstance, which the prosecution has clearly been able to establish is that in fact the accused went to village Vadia and met PW- 10, Nilesh and gave an extra-judicial confession before him about the aforesaid murder and also handed over the broken golden chain to PW-10. The second circumstance, which the prosecution has clearly been able to establish is that in fact the accused went to village Vadia and met PW- 10, Nilesh and gave an extra-judicial confession before him about the aforesaid murder and also handed over the broken golden chain to PW-10. The evidence of this witness is corroborated with medical evidence as well as evidence in the form of clothes of the deceased, which has cut marks over it, including the blood stains found upon the weapon knife, which was recovered from the accused, which bears human blood group ‘A’ and the same matches with the human blood group of the deceased. 18. We also find that oral testimonies of PW-2, PW-9 and PW-10 are trustworthy. Similarly, only because the parents of PW-10 have not been examined and their strained relationship would not eclipse veracity of the oral testimony of PW-10 Nilesh before whom the accused had given extra-judicial confession and the said confession is natural. In addition to the fact that the broken golden chain, worn by the deceased, was handed over to the investigating officer by PW-10 and, therefore, we find no reason to disbelieve the version of this witness and his testimony is also trustworthy. 19. We therefore find that the prosecution has been able to prove the complete chain of circumstances, as narrated herein above. Only because the witnesses, who have been examined, are relatives of the deceased more particularly PW-2 and PW-9 it cannot be said that their evidence is required to be discarded. However, on close scrutiny, as aforesaid, we find ring of truth in oral testimonies of these witnesses and the trial Court has rightly convicted the accused. We find no reason to discard the oral testimonies of these witnesses, which is consistent and some contradictions would not make their testimonies unreliable. we also find that there is direct evidence connecting the accused, which is adequate to establish the guilt of the accused. 20. The sum total of the foregoing discussion is that the trial Court has properly appreciated the evidence on record and has held the appellant guilty. We do not find any merits in the appeal. No interference is called for in exercise of our appellant powers. The appeal must fail and stands dismissed. Appeal dismissed.