Judgment (A.P. Bhangale, J.) 1. The appeal is preferred against the judgment and order dated 26.8.2008 delivered by the learned Ad-hoc Additional Sessions Judge, Pusad in Sessions Case No.69 of 2006, whereby the accused was convicted for offence punishable under Section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1,000/-, in-default to undergo simple imprisonment for 2 months. The accused was also found guilty of offence punishable under section 404 of the Indian Penal Code for which he was sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs.200/-in-default to undergo simple imprisonment for 15 days. Substantive sentence of imprisonment was directed to run concurrently. 2. The facts stated briefly are as under: Deceased Balwant Bhimrao Shinde was a teacher and had taken on contract the field of Tejmal Gandhi Trust for cultivation. Shri Balwant Shinde was cultivating the field with the help of his servants Yashwant Davane (PW-1) and Sanjay Wathore. According to the prosecution, the appellant-accused was shepherd by profession and used to graze his sheep in the adjoining field with the sheep of Raghunath Karnewar (PW-4). On or before 22.5.2006 when Balwant Shinde went to his field in Brahmangaon Shivar by his motorcycle at about 9.30 a.m. he gave instructions to his servants for the work. At that time, sheep of accused Raju Kadam had entered in the field under cultivation of deceased Balwant Shinde. Therefore, deceased Balwant Shinde had scolded the appellant-accused for bringing sheep in the field under his cultivation. The appellant-accused got annoyed due to scolding by deceased Balwant Shinde and had returned back to the field with his friends Raghunath and Sainath. He had demanded axe from Digambar Burewar (PW-7) who was working as watchman of mango trees in the field of Balaji Mukkawar. When Digambar Burewar refused to give axe, the appellant-accused picked up a stick of tree and another firewood and while Shri Balwant Shinde was returning back by his motorcycle by the road leading towards village Brahmangaon, the appellant-accused had assaulted Shri Balwant Sinde by means of stick on his head. In the result, Shri Balwant Shinde sustained injuries and fell down with bleeding injuries. In the result, Shri Balwant Shinde sustained injuries and fell down with bleeding injuries. Shri Rama Landge and Ashok Kankapure, who came across then informed the servant of deceased Yashwant Davane directing him to bring bullock-cart and then carried Shri Balwant Shinde, who was unconscious, to Brahmangaon village. Thereafter, the relatives of Shri Balwant Shinde had taken him to the Government Hospital at Umarkhed by a jeep. However, Shri Balwant Shinde had succumbed to his injuries. Yashwant Dawane (PW-1) went to the Police Station at Umarkhed and lodged oral report at Exh.33 regarding the incident of alleged murder. Thus, F.I.R. No.61/2006 was registered at Umarkhed Police Station on 22.5.2006 under Section 302 of the Indian Penal Code. The investigation followed. PSI K.L. Umale (PW-8) drew inquest panchanama in respect of dead body of Balwant Shinde at Exh.15 and referred the dead body for postmortem examination. He also proceeded to the scene of offence at village Brahmangaon so as to draw a spot panchanama in respect of the scene of offence (Exh.13) and drew seizure panchanama in respect of articles such as four broken pieces of stick from the spot and pair of chappal etc. During the course of investigation, statements of witnesses were recorded and the appellant-accused, whose involvement was disclosed, was arrested and referred for medical examination. It is further the case of the prosecution that the appellant-accused volunteered a statement dated 25.6.2006 which led to discovery of the property i.e. cash of Rs. 2400/-and golden ring which was belonging to the deceased Balwant Shinde. The memorandum in respect of the statement of the accused was drawn [Exh.50], pursuant to which, the accused led police and panchas to his house and produced cash in the sum of Rs.2400/-from the tin box in the kitchen and golden ring hidden in his house, which was seized under seizure panchanama [Exh.51]. The full-pant of the accused was also seized and half shirt stained with blood hidden in the field of one Bapurao Kaknapure below the heap of Turati stems was also produced in the course of panchanama [Exh.51]. The weapon of offence i.e. sticks were referred for the expert opinion of the Medical Officer after the post-mortem report revealed that the injuries to the deceased could be caused by the sticks seized in the course of investigation. The weapon of offence i.e. sticks were referred for the expert opinion of the Medical Officer after the post-mortem report revealed that the injuries to the deceased could be caused by the sticks seized in the course of investigation. Thus, the articles, which were seized, were referred to the Chemical Analyser for examination at Forensic Science Laboratory, Nagpur with request letters [Exh.24 and 26]. The Chemical Analyser’s reports were at Exhs.57 to 60. The accused was charge-sheeted before the learned Judicial Magistrate, First Class, Umarkhed, who committed the case for trial to the Sessions Court at Pusad. 3. The charge under sections 302 and 404 of the Indian Penal Code was framed at Exh.5, to which the appellant-accused pleaded not guilty and claimed trial. The defence of the accused was of total denial. According to him, he was falsely involved at the instance of the villagers. 4. Prosecution had examined eight witnesses in support of its case. No defence witness was led. 5. Learned Trial Judge held that the prosecution had succeeded to establish homicidal death of Balwant Shinde [deceased] and also proved beyond reasonable doubts that on 22.5.2006, appellant-accused committed murder of said Balwant Shinde by assaulting him on his head and also dishonestly misappropriated cash in the sum of Rs.2400/-and golden ring worth Rs.4500/-belonging to said Balwant Shinde after commission of the murder. 6. On behalf of the appellant-accused, it is submitted that the trial Court did not appreciate the evidence properly. According to learned counsel for the appellant, it ought to have been observed that the appellant was falsely implicated at the instance of the villagers. Further, it is submitted that there was no motive on the part of the appellant to kill Banwant Shinde as the incident of appellant bringing sheep in the field of Shinde is not mentioned in report [Exh.33]. Learned counsel for the appellant submitted that benefit of the relevant omission ought to have been granted in favour of the appellant, particularly when weapon of offence i.e. stick, according to prosecution, was not seized from the possession of the appellant-accused. It is also contended that mere finding of blood stains on the seized articles would not ipso facto point out the guilt of the appellant. It is also contended that mere finding of blood stains on the seized articles would not ipso facto point out the guilt of the appellant. Regarding discovery of incriminating articles, cash in the sum of Rs.2400/-, golden ring, blood stained half shirt produced at the instance of the appellant, learned Advocate for the appellant submitted that the spot of alleged recovery and half shirt was accessible to public at large and the seizure could not have been relied upon as acceptable and reliable evidence. Learned Advocate for the appellant, therefore, submitted that the trial court ought to have acquitted the appellant by giving him benefit of doubt. 7. On the other hand, learned Additional Public Prosecutor submitted that sufficient evidence beyond reasonable doubt was led against the appellant-accused so as to prove the offence of murder and dishonest misappropriation of property belonging to deceased Balwant Shinde by leading evidence beyond reasonable doubt. 8. We have perused the record in the light of submissions advanced at the bar. 9. First question which arises before us is as to whether deceased Balwant Shinde met with homicidal death. The evidence of PW-3 Dr. Sanjay Chikar indicates that he had performed postmortem examination over dead body of Balwant Shinde and found the following external injuries on the dead body: [i] Contusion lacerated wound over right side of forehead just above right eye of dimension 7cm x 2cm x 2 cm. This is along with depressed fracture of forehead of skull i.e. frontalbone right side. [ii] Lacerated wound over chin of mandible 4 cm x 2 cm x 2 cm with loosing of lower both inciser teeth. [iii] Lacerated wound over right priotal area of skull of dimension 5 cm x 1 cm x 2 cm. [iv] Lacerated wound over occipital area of skull of dimension 5 cm x 1 cm x 1 cm. [v] Lacerated wound over occipital area of skull just above 4 cm to No.4 wound of dimension 5 cm x 1 cm x 2 cm. [vi] Lacerated wound over both lip towards right side of dimension approximately 2 cm x 1 cm x 1 cm. According to him, all above injuries were caused by hard and blunt object and were antemortem. They were likely to cause death. The cause of death was mentioned as due to haemorrhagic shock as a result of head injury, assaulted by some one. Dr. According to him, all above injuries were caused by hard and blunt object and were antemortem. They were likely to cause death. The cause of death was mentioned as due to haemorrhagic shock as a result of head injury, assaulted by some one. Dr. Sanjay Chikar deposed about correctness of the postmortem notes [Exh.38]. He also gave opinion that injuries observed on the dead body of Balwant Shinde were possible by sticks shown to him in the court. He specifically denied suggestion that such injuries cannot be caused by wooden logs before the court. There is nothing in the cross examination of Dr. Sanjay to disbelieve him. The medical evidence read along with rest of the evidence on record proved beyond reasonable doubts that Balwant Shinde met with homicidal death. The trial court had rightly arrived at the conclusion on the basis of evidence discussed as above. We have no different opinion on this point. 10. The next important question is as to whether the appellant-accused was responsible for commission of murder of Balwant Shinde. PW-1 Yeshwant Dawne was cultivating the land which was possessed by Balwant Shinde. He deposed about the maize crop standing in the field on 22.5.2006. According to him at about 9.00 a.m. when sheeps came in the field where maize crop was standing, Balwant Shinde [deceased] told appellant-accused not to bring the sheep and scolded him. Appellant-accused and Raju, at that time, went back with his sheeps. In the background of this incident, it is deposed further by PW-1 Yeshwant that Balwant Shinde was lying down in the field of Balu Mukkawar with bleeding injuries in unconscious condition and he was taken to Brahmangaon by a bullock-cart and, thereafter, by a jeep to Umarkhed in the Government Hospital. PW-1 had reported the incident to the Police Station, which was investigated after it was registered as F.I.R. No.61/2006 on 22.5.2006 at Umarkhed Police Station, District – Yavatmal. 11. PW2 Sunita-widow of deceased Balwant Shinde is also examined regarding the sum of Rs.2400/-and golden ring belonging to her husband, which were recovered at the instance of the appellant-accused. Her evidence provided corroboration to the case of the prosecution so as to connect the appellant-accused with the crime. 12. PW-4 Raghunath Karnewad is an eyewitness. 11. PW2 Sunita-widow of deceased Balwant Shinde is also examined regarding the sum of Rs.2400/-and golden ring belonging to her husband, which were recovered at the instance of the appellant-accused. Her evidence provided corroboration to the case of the prosecution so as to connect the appellant-accused with the crime. 12. PW-4 Raghunath Karnewad is an eyewitness. He had seen the incident when deceased Balwant Shinde had exchange of words with the appellant-accused, when sheeps had entered in the field which was possessed by Balwant Shinde. According to PW-4 Raghunath, appellant-accused had demanded an axe from Digambar (PW-7) and Digambar had refused on the ground that he had no axe, thereafter, appellant-accused took a firewood from the heap of firewood in the field. Further, according to Raghunath, he saw the incident of assault when Raju Kadam [appellant] assaulted Balwant Shinde by means of firewood on his head and Shinde fell down from the motorcycle while Raju had started assaulting Shinde by means of firewood. According to Raghunath, Raju had taken something from the finger of Shinde and from the pocket of Shinde. He also saw Raju taking out his shirt of sky colour and tearing it and hiding it below the heap of Turhati stems while showing 100 rupees note to him and appellant Raju had given threat to Raghunath not to disclose assault on Shinde, otherwise he will kill him. The evidence of Raghunath appears quite natural. According to him, his statement was also recorded in the court of Judicial Magistrate, First Class, Umarkhed before the Magistrate. 13. In the course of cross-examination of Raghunath, it is revealed that he is friend of appellant and one Sainath due to the occupation of grazing sheep. He appears to be a illiterate witness with occupation of grazing cattle. In the course of cross-examination, he made it clear that as accused gave him threat, he had not gone to the police in the night of 22.5.2006 but in the morning of 23.5.2006. Evidence of Raghunath appears clearly involving the appellant, because he had not only deposed about the incident of murder but also identified the shirt which was torn by appellant-accused in front of him. The weapon of offence, i.e. sticks were also identified by him. 14. Evidence of Raghunath appears clearly involving the appellant, because he had not only deposed about the incident of murder but also identified the shirt which was torn by appellant-accused in front of him. The weapon of offence, i.e. sticks were also identified by him. 14. PW-7 Digambar s/o Sambhaji Borewad is another important witness, who deposed about the incident of exchange of words between Balwant Shinde and appellant Raju Kadam over bringing sheep in the field by Raju Kadam. PW-7 Digambar also deposed about the wooden logs (weapon of offence) picked up by the appellant-accused. His evidence provides corroboration to the main evidence of eyewitness Raghunath. Apart from his evidence, PW-5 Sheikh Rafik is a panch witness, who deposed about statement made by appellant-accused in his presence to produce shirt hidden below the heap of fence in the field and also about cash in the sum of Rs.2400/-and golden ring hidden in his house. The memorandum of the statement was recorded under panchanama Exh.50 while articles were recovered pursuant to the statement made by the accused under panchanama Exh.51. 15. PW 6 Sunil s/o Shankarrao Tak, the Goldsmith, deposed about the certificate given under his signature (Exh.54) but since he stated indifferently regarding the panchanama drawn in respect of golden ring (seized by police at the house of the accused), he was disowned by the prosecution and cross-examined. His evidence cannot be given much importance from the view point of proving the prosecution case. Hence, we may ignore his evidence. However, looking to the evidence of the investigating officer (PW-8) Khanduji Umale, in turns, appeared that Yashwant PW-1 had lodged First Information Report in the case which led to investigation including a spot panchanama, inquest panchanama, reference of dead body for post-mortem examination, the recovery of incriminating articles from the spot as well as after arrest of the appellant-accused on 23.5.2006, investigation made further progress and when the statement of the accused was recorded, which led to discovery of cash in the sum of Rs. 2400/-and golden ring hidden in the steel box kept in the house of the accused. According to the investigating officer, police had approached goldsmith to get the golden ring examined and obtained necessary certificate from the goldsmith, which fact is referred to by the evidence of goldsmith. The incriminating articles were referred to the Chemical Analyser for examination in Forensic Science Laboratory, Nagpur. According to the investigating officer, police had approached goldsmith to get the golden ring examined and obtained necessary certificate from the goldsmith, which fact is referred to by the evidence of goldsmith. The incriminating articles were referred to the Chemical Analyser for examination in Forensic Science Laboratory, Nagpur. Chemical Analyser’s report [Exh.60] also indicates that weapon of offence, four pieces of sticks referred to as articles Nos. 1 to 4, were referred for examination to the Chemical Analyser and article No.2 was found stained with blood at one end while torn half shirt article No.17 was also found stained with human blood of group ‘A’. 16. Learned advocate for the appellant submitted that blood group of accused is also ‘A’ as that of deceased, and therefore, this finding by chemical analyser would not help the case of the prosecution. We cannot agree with this submission because there is no defence in the present case that the accused was injured and, therefore, his blood can be found on his shirt. The evidence, if read together, would only indicate criminal involvement of the appellant-accused in an offence of murdering Balwant Shinde. Considering the vital part chosen by the accused to give forceful blow on the head which resulted in four pieces of the wooden logs itself would indicate while reading the ocular version as deposed by Raghunath PW-4 that it was an intentional forceful assault on the head of Balwant Shinde, which resulted into his death. Therefore, prosecution has proved the incident of offence of murder punishable under section 302 of the Indian Penal Code beyond reasonable doubt. 17. The next question is about the offence committed u/s 404 of the Indian Penal Code. The articles belonging to deceased Balwant Shinde were identified by Sunita-widow of deceased Balwant Shinde and furthermore the said articles belonging to the deceased were kept hidden in the steel box recovered from the house of the accused. Under these circumstances, which are incriminatory, the conviction u/s 404 of the Indian Penal Code was correctly recorded by the trial court as there was dishonest misappropriation of the articles; golden ring and cash of Rs.2400/belonging to deceased Balwant Shinde. The conviction u/s 404 of the Indian Penal Code was also concluded correctly by the learned trial Judge. We are, therefore, satisfied that the prosecution has proved its case beyond all reasonable doubts. The conviction u/s 404 of the Indian Penal Code was also concluded correctly by the learned trial Judge. We are, therefore, satisfied that the prosecution has proved its case beyond all reasonable doubts. We do not find any infirmity in the views recorded by the learned trial Judge in the present case. The appeal, therefore, lacks merits. Hence, it is dismissed.