JUDGMENT 1. - This appeal has been preferred by accused-appellant Tarachand against the judgment of the learned Additional District and Sessions Judge (Fast Track No.2) Sikar in Sessions Case No.25/2003 dated 12/2/2004 by which, he was convicted for offence under Section 302 IPC and sentenced to life imprisonment with fine of Rs. 1000/-, in default of payment of which, he was required to further undergo rigorous imprisonment of six months, he was convicted for offence under Section 316 IPC and sentenced to rigorous imprisonment of ten years with fine of Rs. 500/-, in default of payment of which, he was required to further undergo rigorous imprisonment of three months, he was convicted for offence under Section 404 IPC and sentenced to rigorous imprisonment of three years with fine of Rs. 100/-, in default of payment of which, he was required to further undergo rigorous imprisonment of one month and he was convicted for offence under Section 201 IPC and sentenced to rigorous imprisonment of three years with fine of Rs. 500/-, in default of payment of which, he was required to further undergo rigorous imprisonment of two months. All the sentences were ordered to run concurrently. 2. Facts of the case are that one Bajranglal submitted a written report to Police Station Kotwali Fatehpur vide Ex.P.1 dated 13/11/2002, wherein it was mentioned that his hotel is situated near "Beed" Fatehpur. Today, he heard from a child that dead body of a woman aged about 25 years was lying in a pit nearby. She was wearing Salwar-Kurta and a Shawl was lying on her body. On this information, police reached the spot and inspected the site. Police on that basis, lodged first information report on 13/11/2002, wherein apart from other details, description of the dead body was mentioned with the height of the deceased to be 5 feet and 9 inches and aged about 25 years. There were no ornaments on the dead body except one metal ring on a finger of the left hand and a cotton band on the right hand. On examination of the place of incident, it was found that foot prints of three persons were available there. Police registered FIR No.28/2002 for offence under Section 302 IPC. During investigation, it was discovered to be dead body of Kamla. Police during investigation, arrested accused-appellant Tarachand, who was husband of deceased Kamla and co-accused Sukhdev. On examination of the place of incident, it was found that foot prints of three persons were available there. Police registered FIR No.28/2002 for offence under Section 302 IPC. During investigation, it was discovered to be dead body of Kamla. Police during investigation, arrested accused-appellant Tarachand, who was husband of deceased Kamla and co-accused Sukhdev. After completion of investigation, challan was filed against both of them. While charges were framed against accused-appellant Tarachand for offence under Sections 302 or 302/34, 316 or 316/34, 404 or 404/34 and 201 IPC, charges were framed against co-accused Sukhdev for offence under Sections 302 or 302/34, 316 or 316/34, 404 or 404/34, 376 and 201 IPC. Prosecution examined as many as 24 witnesses and exhibited 57 documents in support of its case, whereas defence did not produce any witness though exhibited 5 documents. Accused-appellant in his examination under Section 313 Cr.P.C., denied the charges and alleged his false implication but did not take any specific defence and claimed to be tried. Learned trial court after completion of trial, acquitted co-accused Sukhdev from the charge of offence under Sections 302 or 302/34, 316 or 316/34, 404 or 404/34, 201 and 376 IPC and convicted and sentenced the accused-appellant in the manner stated above. Aggrieved thereof, the accused-appellant has preferred this appeal. 3. We have heard Shri Rajesh Goswami, learned counsel for the accused-appellant, Shri Javed Choudhary, learned Public Prosecutor and Shri Anoop Dhand, learned counsel for the complainant. 4. Shri Rajesh Goswami, learned counsel appearing for the accused-appellant has argued that there was no cogent and reliable evidence to prove the guilt of the accused-appellant beyond reasonable doubt. The entire case hinges on circumstantial evidence as there was no direct evidence. The only three circumstances that have weighed with the learned trial court in recording the finding of conviction against the appellant are : (i) evidence of last seen, (ii) recovery and (iii) motive. 5. Shri Rajesh Goswami, learned counsel argued that in so far as evidence of last seen is concerned, two witnesses namely; PW 11 Mahipal and PW 16 Moolchand, who are employees of the Life Insurance Corporation in the office at Sikar on whose testimony reliance has been placed by the learned trial court, have not been able to prove guilt of the accused. These two witnesses have categorically stated that they did not know the accused-appellant from before and that he came to their office with his wife Kamla for change of nomination in her LIC bond. Other two eye-witnesses i.e. PW 6 Choturam and PW 21 Gomaram have stated about having lastly seen the deceased in the company of the accused-appellant and co-accused Sukhdev near Petrol Pump Bus Stand but PW 6 Choturam has not fully supported the prosecution case in so far as allegation against Sukhdev is concerned. He has named only appellant as the one on the allegation that he was seen with deceased Kamla. PW 21 Gomaram has stated that when he inquired from Kamla as to where she was going, Kamla told him that one of the persons accompanying her was her husband Tarachand and another one was Sukhdev, friend of her husband and they were going to village Naharsara. Learned counsel argued that co-accused Sukhdev was acquitted on the same set of evidence and therefore there is no reason for the trial court to convict the accused-appellant alone. 6. Shri Rajesh Goswami, learned counsel for the appellant has argued that all the four eye-witnesses of last seen i.e. PW 6 Choturam, PW 11 Mahipal, PW 16 Moolchand and PW 21 Gomaram did not know accused-appellant from before. They have identified the accused-appellant for the first time in the court but no sanctity can be given to the same as it was not preceded by a test identification parade. Learned counsel for the appellant has argued that there are contradictions in the statements of witnesses of last seen. In this respect, learned counsel referred to the statement of PW 6 Choturam, who has stated that they saw deceased standing near Laxmangarh Petrol Pump Stand along with her husband Tarachand at about 9.00 p.m. on 11/12/2002, whereas PW 21 Gomaram has stated that this was on 12/11/2002 at 8.30 p.m. 7. On the point of recovery, Shri Rajesh Goswami, learned counsel for the accused-appellant has argued that all that has been shown to have been recovered from the accused-appellant vide Exh.P.10 is a pair of earing, one nose-pin and original bond of LIC. On the point of recovery, Shri Rajesh Goswami, learned counsel for the accused-appellant has argued that all that has been shown to have been recovered from the accused-appellant vide Exh.P.10 is a pair of earing, one nose-pin and original bond of LIC. Recovery has been shown from the house of a room, which was jointly shared by accused-appellant and his deceased-wife and therefore the said room cannot be said to be in the exclusive possession of the appellant especially when this was in a joint house where other members of the family were also residing. Witnesses of recovery have not fully supported the prosecution case. It is argued that PW 3 Sanjay and PW 10 Ratanlal, two witnesses of this recovery are not independent witnesses and it would be highly unsafe to rely on their evidence. It is contended that PW 3 Sanjay happens to be brother of the deceased and therefore he is an interested witness. PW10 Ratanlal was a Police Constable and this shows that the investigating agency has not picked up any independent motbir witness for recovery. 8. On the question of motive, Shri Rajesh Goswami, learned counsel for the appellant has argued that prosecution tried to show three different motives for attributing allegation of murder of the deceased to accused-appellant Tarachand and co-accused Sukhdev. First motive that was attributed was that accused-appellant was younger to his wife by five years and he had been having doubt her chastity. This has at all not been proved as motive because it has not been shown as to with whom did deceased have relations as per alleged belief of the appellant. Second reason for motive was that the appellant pressurised deceased Kamla to change the nomination made by deceased in favour of her father Bhura Ram and make the appellant as nominee in her LIC policy. Learned counsel submitted that this is a weak kind of motive because mere change of nomination would not give any immediate benefit to the appellant. Even if he had got the nomination changed, there could have no motive for him to murder his wife on the very next day. Third reason for motive that was attributed by the prosecution was that the accused committed rape upon the deceased and then murdered her. Even if he had got the nomination changed, there could have no motive for him to murder his wife on the very next day. Third reason for motive that was attributed by the prosecution was that the accused committed rape upon the deceased and then murdered her. It is submitted that in so far as accused-appellant is concerned, there was no question of committing rape upon the deceased as she was his wife and therefore he could have been consensual sex with her but in any case, charge for offence under Section 376 IPC was levelled only against co-accused Sukhdev on the premise that his underwear was found containing semen but the learned trial court has acquitted co-accused Sukhdev not only of that charge of offence under Section 376 IPC but also of other charges including charge of offence under Sections 302 and 302 or 302/34, 316 or 316/34, 404 or 404/34 and 201 IPC. The case set up by the prosecution on this aspect of the matter thus completely stands demolished. 9. Learned counsel submitted that PW 13 Shivlal, who is witness of "panchnama of laash" that was prepared for dead body, the site plan and recovery of the articles found on an around the dead body, has turned hostile and has not supported the prosecution case. PW 14 Bhagirath to whom the deceased is said to have given a tin containing 'deshi ghee' has also turned hostile and not supported the prosecution case. Learned counsel submitted that PW 3 Sanjay is brother of the deceased and thus he is an interested witness. Although he has alleged that deceased accompanied the appellant to Sikar for getting the nomination in her policy changed in his favour but that alone could not be a basis for appellant to murder her. Learned counsel referred to the statement of PW 12 Smt.Jeevni, mother of the deceased, who has also made a similar statement that deceased was having strained relationship with her husband but that does not alone bring home the guilt of the accused. PW 15 Vimla elder sister of the deceased has merely stated that on the next day of incident, Tarachand and Sukhdev were seen together in front of the house. PW 15 Vimla elder sister of the deceased has merely stated that on the next day of incident, Tarachand and Sukhdev were seen together in front of the house. It was argued that it was natural for the appellant to be standing in front of the said house because Vimla not only happens to be sister of deceased Kamla but also wife of the elder brother of the appellant and it was his own house and therefore there was nothing unusual if he was seen there. PW 17 Bhura Ram also made a statement similar to that of PW 3 Sanjay and PW 12 Smt.Jeevni. It is contended that these three witnesses i.e. PW 3 Sanjay, PW 12 Smt.Jeevni and PW 17 Bhura Ram though stated that deceased had made a telephonic call to them in the evening of 12th November that she would not come back home in the night because she decided to stay with appellant and in this connection Exh.P.20 slip of the STD booth has been produced but neither slip of STD Booth has been recovered from the dead body of the deceased nor at the instance of the accused-appellant. Gyan Chand, neighbour of the parents of deceased, the person on whose telephone number, call was made, has not been produced to prove this telephonic conversation between the deceased and his brother at all materialized. Learned counsel submitted that although their foot mold was also lifted from the place where dead body of the deceased was recovered and they were compared with the admitted foot mold of the appellant but they did not tally whereas, admitted foot mold of co-accused Sukhdev did tally with those lifted from the place of occurrence. In this connection, reference was made to Exh.P.42 - FSL Report, Exh.P.32 - recovery memo of sandal of the accused-appellant and Exh.P.33 - memo of recovery of foot mold. Even though the admitted foot mold of co-accused Sukhdev lifted from the seen of occurrence tallied with those lifted from the seen of occurrence, yet, he has been acquitted by the learned trial court by extending him the benefit of doubt. Even though the admitted foot mold of co-accused Sukhdev lifted from the seen of occurrence tallied with those lifted from the seen of occurrence, yet, he has been acquitted by the learned trial court by extending him the benefit of doubt. Appellant is also entitled to the same treatment because his case is also entirely based on circumstantial evidence and chain of circumstances against him also cannot be said be so complete as to rule out every other possible hypothesis compatible with his innocence as it has several missing links. It would be therefore highly unsafe to uphold conviction of the accused-appellant on the basis of such a weak evidence. Learned counsel for the appellant therefore prays that the appeal be allowed and the impugned judgment be set-aside. 10. Per contra, Shri Javed Choudhary, learned Public Prosecutor and Shri Anoop Dhand, learned counsel for the complainant argued that the evidence on record prove guilt of the accused-appellant beyond reasonable doubt inasmuch as, the chain of circumstances against him is so complete as to rule out every other possible hypothesis that may be compatible with his innocence. Learned Public Prosecutor and the learned counsel for the complainant have extensively referred to the statements of various prosecution witnesses and the exhibits to demonstrate that the learned trial court was fully justified in convicting the accused of various offences referred to above, which arguments we have with a view to avoiding repetition, not noted in detail but shall discuss appropriately hereinafter. 11. Immediate members of deceased's family namely; PW 3 Sanjay brother of the deceased, PW 12 Smt.Jeevni mother of the deceased and PW 17 Bhura Ram father of the deceased have in their statement consistently maintained that deceased was five years elder than her husband-appellant and that the appellant used to doubt her chastity. Deceased left her native place for Laxmangarh. She carried with her 2 kg. of 'deshi ghee' in a container to be delivered in the shop of PW 14 Bhagirath. These witnesses have further stated that deceased told them that accused-appellant would accompany her from Laxmangarh to Sikar and they would go to the office of LIC for getting her nomination in the policy changed in favour of Tarachand. of 'deshi ghee' in a container to be delivered in the shop of PW 14 Bhagirath. These witnesses have further stated that deceased told them that accused-appellant would accompany her from Laxmangarh to Sikar and they would go to the office of LIC for getting her nomination in the policy changed in favour of Tarachand. These three witnesses have also stated that deceased in the evening of that day telephoned them that she would not come back to the village on that day and that she will stay with her husband. These witnesses have also stated that their relations were strained. PW 11 Mahipal and PW 16 Moolchand, who were both officials of LIC office posted at Sikar have stated that the appellant came to their office with his wife for change of nomination and nomination was changed in favour of the accused-appellant. These witnesses have identified the appellant in the court. It is submitted that PW 11 and PW 16 have corroborated each other's version of the LIC office of that day. Similarly, PW 6 Choturam has stated that he knew Kamla from before. On 11th December, 2002 at about 8-9 p.m. in the evening he and Gomaram were standing near Laxmangarh Petrol Pump Bus Stand. Kamla and her husband Tarachand were also there. He asked Kamla why she was there, Kamla informed that she was going to her nani's village (grand-mother's place). Then, he saw Kamla going with Tarachand and 2-3 other persons in a jeep. He further stated that he did not know whether or not one more person was with Tarachand. Even though this witness has turned hostile regarding Sukhdev but his evidence against accused-appellant Tarachand has remained un-shakened. His presence has been corroborated by PW 21 Gomaram, who has also stated that he and Choturam were standing on the petrol pump bus stand. He inquired from Choturam whether he knew the lady standing on the petrol pump, Choturam told him that he knew her. Her name was Kamla. Choturam inquired from Kamla where she has come from at this time in the night, she told that they have come from Sikar accompanied by her husband Tarachand and another person is Sukhdev, friend of her husband. She was going to her nani's place. 12. The identification for the first time was made, which is not preceded by its identification parade, cannot be accepted admissible in evidence. She was going to her nani's place. 12. The identification for the first time was made, which is not preceded by its identification parade, cannot be accepted admissible in evidence. 13. Learned Public Prosecutor has argued that PW14 Bhagirath has though been declared hostile but he has partly proved the prosecution case by citing that he knew deceased Kamla and Kamla had come to his shop and given a container having 2 kg. of 'deshi ghee'. To this extent, he corroborates the statement of his mother PW 12 Smt.Jeevni. PW 15 Smt.Vimla elder sister of deceased Kamla, who is married to the elder brother of the accused-appellant, who has also proved the fact that relationships of the appellant and deceased wife were strained. Appellant used to doubt her chastity. Deceased had taken a life insurance policy on her life and indicated name of her father as nominee. Appellant was pressurising the deceased to change nominee and instead of her father, declare him as a nominee. The appellant had left the house on 12/11/2002 informing her family that he would be going to Sikar and would not return till late in the evening. On the following day on 13/11/2002, she saw appellant and Sukhdev standing in front of their house. On 14/11/2002, she talked to her brother Sanjay on phone and inquired about Kamla, who told that Kamla has not returned so far. Kamla was pregnant by six months. PW 22 B.L. Sharma, the Branch Manager of the LIC office has stated that on 12/11/2002, deceased Kamla submitted an application with the request that she wanted to change the nominee and instead of her father Bhura Singh, now she wanted to nominate Shri Tarachand as her nominee, which was accepted. These witnesses have proved original proposal form as Exh.P.44 and produced photostat copy thereof as Exh.P.44A. Policy issued on the life of Kamla as Exh.P.45 and nomination of Bhur Singh made by Kamla as Exh.P.45A. Acceptance of her policy proposal is exhibited as Exh.P.46 and its photostat copy thereof as Exh.P.46A. The application for change of nomination submitted by deceased Kamla is exhibited as Exh.P.47 and its photocopy as Exh.P.47A. Name of Tarachand was indicated as changed nominee at place A to B in Exh.P.45 policy. Letter addressed to Kamla for change of nomination is Exh.P.48 and its photocopy as Exh.P.48A. The application for change of nomination submitted by deceased Kamla is exhibited as Exh.P.47 and its photocopy as Exh.P.47A. Name of Tarachand was indicated as changed nominee at place A to B in Exh.P.45 policy. Letter addressed to Kamla for change of nomination is Exh.P.48 and its photocopy as Exh.P.48A. It was signed by Shri Dashrath Yadav, Senior Divisional Manager with the signatures of Tarachand in lieu of receipt of the bond. Report of the LIC agent is Exh.P.49 and its copy is exhibited as Exh.P.49A. This witness has proved signatures of deceased Kamla Kumari on all the documents. PW 23 Shri Ramchandra, SHO PS Kotwali Fatehpur has proved all the important exhibits of the prosecution and the arrest memo of accused appellant Tarachand Exh.P.31 on 20/11/2002. Seizure of the pair of his sandal is Exh.P.32. His admitted foot mold is Exh.P.33. Information given by the accused appellant under Section 27 of the Evidence Act for recovery of pair of earing, nose pin and policy bond is Exh.P.34. Recovery memo of those articles has been proved by this witness as Exh.P.10. This witness PW 23 Shri Ramchandra has also proved Exh.P.14 the identification of pair of chappals of deceased by PW 3 Sanjay in the presence of witnesses Arjun Singh PW 7. He has also produced the bill/telephone slip of STD/PCO, from where the deceased made a phone call to her family members in the evening of fateful day. The earings of the deceased were produced in court as article No.1, Nose-pin as article No.2, Policy Bond as article No.3, receipt of the premium of LIC is article No.4 and the application of the deceased for change of address as article No.5, which have been proved by this witness. 14. Contention that the witnesses of last seen have identified the appellant for the first time in the court and therefore their evidence to the extent of identification of the accused-appellant for the first time in the court, cannot be acceptable as valid in the evidence because such identification is not preceded by test identification parade, cannot be upheld. In the first place, it is only one of the four witnesses PW 21 Gomaram of last seen, who stated that PW 6 Choturam on his enquiry told that he knew the deceased. In the first place, it is only one of the four witnesses PW 21 Gomaram of last seen, who stated that PW 6 Choturam on his enquiry told that he knew the deceased. He told him her name to be Kamla and on enquiry, Kamla told the name of the person accompanying her as Tarachand, her husband. She told the name of another person as Sukhdev, friend of her husband. 15. But this witness in the court has categorically stated that on 14th, when the news about the murder of deceased was published, Choturam told that this was Kamla. This witness has identified the accused-appellant in the court. This witness has also proved the fact that Kamla told that when Choturam inquired why she was there at the bus stand till that late hours in the night, she told that she had made a telephonic call to her family about this. PW6 Choturam rather says that he knew appellant Tarachand and he has categorically identified him in the court also. PW 11 Mahipal and PW 16 Moolchand have also categorically stated in the court that they had seen the appellant with the deceased-wife in their office for getting the nomination of her policy changed. Both these eye-witnesses have identified the appellant as the person, who accompanied the deceased as Tarachand with whom she came to their office and who was identified by deceased as her husband Tarachand. Thus, when these witnesses had known Tarachand from before and have again identified him as Tarachand, contention that in the absence of test identification parade, their testimony to the extent of his identification in the court cannot be read in evidence, cannot be upheld. Mere non holding of test identification parade in the facts of the case, cannot be in any manner held to have proved fatal to the prosecution case. 16. Coming now to the question of motive, we find that evidence in the present case clearly proved that appellant had been having strained relations with his wife Kamla. There are three reasons that have appeared from the record in this respect; one is that appellant used to doubt chastity of his deceased wife and second is that the deceased was elder to him by five years. Then, third reason that emerges from record is that appellant was an unemployed person, whereas deceased used to earn some money for family. Then, third reason that emerges from record is that appellant was an unemployed person, whereas deceased used to earn some money for family. Appellant used to pressurise the deceased for change of the nomination in her LIC Policy. Deceased had earlier nominated her father Bhura Ram and it was on being pressurised by the appellant that deceased replaced her father as nominee by the name of appellant. All these facts have been categorically proved by the prosecution on the basis of the statements of PW 11 Mahipal, PW 16 Moolchand and PW 22 B.L. Sharma. 17. In the face of these facts, mere fact of allegation of charge of rape against co-accused Sukhdev being not proved, does not disprove the charge of murder against the appellant. Acquittal of Sukhdev does not in any manner improves the case of the appellant because no such charge was framed against him. Charge of rape against co-accused Sukhdev was sought to be supported by the prosecution only on the basis of semen found on his underwear. Since there was no other corroborative evidence to prove the charge of rape, learned trial court in our view has rightly acquitted co-accused Sukhdev from that charge extending him the benefit of doubt. 18. Adverting now to the question of recovery, we find that PW 3 Sanjay has stated that when his sister left her house, she was wearing a salwar-suit. She had earings in her ears and a nose-pin in her nose. This witness has also proved Exh.P.10 recovery of these articles and also recovery of policy bond. Apart from PW 3 Sanjay, PW 10 Ratanlal has also proved the recovery of these articles. Their testimony cannot be discarded only for the reason that PW3 Sanjay happens to be brother of the deceased and PW 10 is a police head constable. So far as the evidence of recovery of articles is concerned, it is not therefore correct to say that witnesses of recovery have turned hostile. It is only PW 9 Mohan Lal in respect of the recovery of articles found on or around the body of the deceased, who has turned hostile but that is also of no consequence. 19. So far as the evidence of recovery of articles is concerned, it is not therefore correct to say that witnesses of recovery have turned hostile. It is only PW 9 Mohan Lal in respect of the recovery of articles found on or around the body of the deceased, who has turned hostile but that is also of no consequence. 19. Contention that recovery of these articles was made from a jointly shared room by the appellant and the deceased wife, cannot be accepted because evidence has shown otherwise that deceased was staying with her parents and the appellant in his own room. But even if it is accepted that they used to sometime stay with the appellant, the fact remains that deceased was wearing a pair of earings and nose-pin when she left her house on the day of incident and policy was obtained by the appellant from the LIC office only the previous day, where his presence with deceased Kamla has been proved by as many as three witnesses. Recovery of all these articles including policy bond thus from his room at the instance of the appellant is indeed a significant factor against him in the chain of circumstances. 20. Although it is true that foot marks of the appellant have not been proved on the basis of comparison of his admitted impressions of sandals with those lifted from the place of occurrence but that circumstance alone does not have the affect of breaking chain of circumstances against the appellant. 21. Alleged contradictions between the statement of PW 6 Choturam and PW 21 Gomaram in regard to the date on which they saw deceased Kamla with her husband Tarachand at Laxmangarh Petrol Pump Bus Stand, cannot be accepted of much significance because PW 6 Choturam in the beginning of his cross-examination has categorically clarified this position that he rightly told to the police in his statement under Section 161 Cr.P.C. Exh.D-81 that this statement was recorded on 12/11/2002 and in his statement before the court that day he inadvertently mentioned the date to be 11/12/2002. 22. 22. The appellant has rightly been convicted for offence under Section 316 IPC, which inter-alia provides that whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such ct cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Charge against appellant for murdering his wife Kamla was proved and it was also proved in view of the aforementioned statements of doctors PW 20 Dr.Dandip Sharma, mother PW 12 Smt.Jeevni and father PW 17 Bhura Ram that deceased was having pregnancy of 4-5 months at the time of her death, his conviction under Section 316 IPC cannot be faulted. Further conviction under Sections 404 and 201 IPC also does not call for any interference by this court because after murdering the deceased, her dead body was sought to be concealed in a pit wherefrom it was ultimately recovered. 23. In our considered view, the prosecution has been able to prove the guilt of the accused-appellant by the required stand of beyond reasonable doubt by chain of circumstances, each of which circumstance, as discussed above, has been independently proved and when joined together, they make a chain of circumstance so complete against the appellant as to rule out every possible hypothesis, which may be compatible with his innocence. We therefore do not find any infirmity in the finding of conviction of appellant recorded by the trial court for offence u/Ss.302, 316, 404 and 201 IPC and award of sentence therefor. 24. In the result, the appeal fails and it is hereby rejected. The impugned judgment of conviction and sentence passed by the learned trial court dated 12/2/2004 is upheld. Record be sent back to the trial court forthwith.Appeal dismissed. *******