JUDGMENT (Per : Hon’ble Servesh Kumar Gupta, J.) This is a case of double murder of Smt. Sona, aged about 30 years, and her 5-6 years’ old son Sultan alleged to have been committed by the accused appellant Ram Gopal and his companion Rakesh in a running train in the night of 21.8.1999. After conclusion of the trial, the learned Sessions Judge, Nainital vide the impugned judgment and order dated 18/20.2.2004, passed in Sessions Trial No. 159/2001, has held accused Ram Gopal guilty for the offences under Section 302 and 201 IPC and sentenced him to undergo imprisonment for life and fine of rupees ten thousand for the offence under Section 302 IPC. In default of payment of fine, accused appellant has been directed to undergo further one year’s imprisonment. For the offence under Section 201 IPC, accused Ram Gopal has been sentenced with rigorous imprisonment for five years and fine of rupees five thousand. In default, six months’ additional imprisonment has been imposed. Both the sentences have been directed to run concurrently. However, the learned Sessions Judge has acquitted the co-accused Rakesh by giving him benefit of doubt. 2. The facts, as revealed from the entire evidence, oral and documentary, are that accused Ram Gopal was a police constable posted at Government Railway Police Outpost at Soraun railway Station (District Etah, U.P.). This railway station falls within the territorial jurisdiction of the Divisional Office Bareilly for railways as well as for policing purposes. Another accused person Rakesh was a cousin of the deceased woman (Smt. Sona). They boarded train no. 153 up in coach no. 6670GS from “Lalkuaon” railway station (district Nainital). It was a local passenger train, which was Kashipur bound. The departure time of this train from Lalkuaon was 19.50 hours and it took about 2 hours to reach Kashipur. On 21.8.1999, when the train arrived at its final destination, soon after it was noticed by cleaning staff that some broken bangles, blood and a pair of ladies sandal were lying in a compartment of that train. When Head Constable Nav Ratan Singh and Constable Ravi Datt Sharma (PW4) reached the spot, they also noticed a silver earring besides a piece of bread in yellow polythene. Presence of blood on the floor of the second cabin situated near the gate of the compartment was also noticed. When Head Constable Nav Ratan Singh and Constable Ravi Datt Sharma (PW4) reached the spot, they also noticed a silver earring besides a piece of bread in yellow polythene. Presence of blood on the floor of the second cabin situated near the gate of the compartment was also noticed. Head Constable Nav Ratan Singh prepared the recovery memos at the spot in the light of minor lamp of the railway. PW4 Constable Ravi Datt Sharma has proved these recovery memos as Ex. Ka-1 and Ka-2 in his oral testimony as the same were prepared in his presence and he had also put his signatures on these recovery memos. 3. Next morning i.e. on 22.8.1999, one Ganga Sharan (PW1) S/o Shaym Singh R/o of Shivpuri, who was Pradhan of that village, came to the Bajpur Police Station of District Udham Singh Nagar to inform that a nude dead body of an unknown woman was lying by the side of railway track near his village. Besides her is also a dead body of a child on the sides of the railway track. A large gathering of the villagers had already assembled. The information given by Ganga Sharan was entered in the General Diary by the police, copy of the GD has been proved as Ex. Ka-6. The police came into motion and recovered the two dead bodies. The inquest report of the dead body of deceased woman is Ex. Ka-9, which was prepared on 22.8.1999 itself, while that of the boy is Ex. Ka-14. Dead bodies were sent for the post-mortem. Innumerable injuries were noticed on the dead bodies. Autopsy on the dead body of Smt. Sona, aged about 30 years, was conducted by Dr. Rakesh Singh (PW8) on 22.8.1999 at 4.05 pm, who also prepared the post-mortem report Ex. Ka-4. The following injuries were found on the dead body of Smt. Sona: (1) An incised wound of 6.5 cm x 3.5 cm x cavity deep present over the right side of epigestric region and right Hypo Chondriac region of abdomen. (2) Multiple incised wound 6 in number of various sizes averaging .5 cm x .5 cm to 2.5 cm x 1.5 cm present over the right upper quadrant of abdomen and adjacent part of the right lower chest around the injury no. 1 all the wounds are cavity deep. (2) Multiple incised wound 6 in number of various sizes averaging .5 cm x .5 cm to 2.5 cm x 1.5 cm present over the right upper quadrant of abdomen and adjacent part of the right lower chest around the injury no. 1 all the wounds are cavity deep. (3) Multiple incised wound 7 in number of various sizes averaging .5 cm x .5 cm to 2.5 x 1.5 cm present over the left upper quadrant of abdomen and adjacent part of the left lower chest all the wounds are cavity deep. (4) Incised wound 3 in number size averaging 2 cm x 1 cm to 3.5 cm x 1 cm all muscle deep present over the left forearm. (5) An incised wound of 4.5 cm x 1 cm x bone deep present over the left palm in between the bones of thumb and index finger. (6) An incised wound of 1.5 cm x 1 cm x bone deep present over the inner side of the upper part of left knee. (7) A lacerated wound of 1.5 cm x 1 cm x bone deep present over the skin of right leg. (8) An incised wound of 3 cm x 1 cm x muscle deep present over the left side of neck. 4. On the same day at 4.35 pm. PW8 Dr. Rakesh Singh also conducted the post-mortem on the dead body of child (Sultan), who according to this doctor, was aged about 8 years. His post-mortem report Ex. Ka-3. He noted following ante mortem injuries: (1) An incised wound of 1 cm x 0.5 cm x cavity deep present over the epigastric region of abdomen in the middle loop of intestine coming out. (2) An incised wound of 1 cm x 0.5 cm x cavity deep present over the epigastric region in the middle 3 cm above the injury no. 1. (3) An incised wound of 0.5 cm x 0.5 cm x cavity deep present over the left side of the epigastric region of the abdomen 3.5 cm below injury no. 1. (4) An incised wound of 1.5 cm x 0.5 cm x muscle deep present over the left inguinal region. (5) An incised wound of 1.5 cm x 0.5 cm x bone deep present over the left side of chin. 1. (4) An incised wound of 1.5 cm x 0.5 cm x muscle deep present over the left inguinal region. (5) An incised wound of 1.5 cm x 0.5 cm x bone deep present over the left side of chin. (6) An incised wound of 1.5 cm x 1 cm x muscle deep present over the left side of neck on anterior aspect. (7) An incised wound 1 cm x 0.5 cm x bone deep present over the middle of the left clavicle. (8) An incised wound of 1 cm x 0.5 cm x muscle deep present over the right side of neck on the anterio-lateral aspect. (9) An incised wound of 1.5 cm x 0.1 cm x muscle deep present over the right side of forehead. (10) An incised wound of 1.5 cm x 1 cm x bone deep present over the right side of forehead. (11) An incised wound of 1.5 cm x 1 cm x bone deep present on right fronto-parietal region of head. (12) A lacerated wound of 2 cm x 1 cm x muscle deep present over the left side of forehead. (13) Multiple abrasions present over the both legs. 5. In the opinion of the Doctor, in both the cases, the death was caused within one day of the post-mortem, and the cause of death is haemorrhage and shock due to ante mortem injuries. 6. The matter was investigated, which resulted into submission of the chargesheet against Constable Ram Gopal (appellant) and another accused Rakesh (acquitted by the trial court) for the offences under Section 302 and 201 IPC. The chargesheet is Ex. Ka-8. The accused persons denied charges and faced trial. 7. Learned Sessions Judge, after the end of trial, found the guilt proven against Ram Gopal beyond reasonable doubt. So, he has convicted and sentenced Ram Gopal, as has already been referred above. However, co-accused Rakesh was acquitted by giving him the benefit of doubt. Feeling aggrieved, accused Ram Gopal has come up in appeal before this Court. 8. We have given a thoughtful hearing to learned Counsel for the appellant and learned Brief Holder for the State. Also perused the lower court record and appreciated the evidence. 9. However, co-accused Rakesh was acquitted by giving him the benefit of doubt. Feeling aggrieved, accused Ram Gopal has come up in appeal before this Court. 8. We have given a thoughtful hearing to learned Counsel for the appellant and learned Brief Holder for the State. Also perused the lower court record and appreciated the evidence. 9. PW1 Ganga Sharan, who at the relevant time was Pradhan of village Shivpuri, states that villagers told him that the dead bodies of an unknown woman and a child were lying beside the railway track passing near his village. He, accordingly, informed the Bajpur police. Dead bodies were seen by him at about 7.30 am on 22.8.1999. 10. PW2 is Raj Kumar, who is resident of District Badaun (U.P.). He is brother of deceased Smt. Sona. His testimony was recorded on 16.9.2002. He states that earlier, his sister Sona was married to one Naresh Pal, but her husband died due to illness. She had a son Sultan out of the said wedlock. He along with her sister used to sell flower garlands at Soron railway station. This railway station has a GRP Outpost. He states that he knew the accused Ram Gopal, who was posted at the said GRP Outpost. He further states that Ram Gopal married his sister Sona and the two started living together at Bareilly. Three years ago, when he got information of the death of his sister and nephew from Bajpur Police Station, then he along with his mother came there. They identified their dead bodies in the photographs. In his deposition, he admitted that Rakesh (the co-accused who was acquitted in the trial) was his cousin. After telling this much fact, this witness Raj Kumar turned hostile. But even in his cross-examination, he has reiterated that his sister was married to Ram Gopal. This much is admissible. 11. PW3 is Smt. Meena, mother of deceased Smt. Sona. This witness at the time of her deposition was 70 year old. She completely turned hostile and has stated that she did not know even Rakesh. She also denied any marriage between Sona and Ram Gopal. She has also expressed her ignorance from the fact that Smt. Sona and Ram Gopal used to live at Bareilly along with child Sultan. This witness at the time of her deposition was 70 year old. She completely turned hostile and has stated that she did not know even Rakesh. She also denied any marriage between Sona and Ram Gopal. She has also expressed her ignorance from the fact that Smt. Sona and Ram Gopal used to live at Bareilly along with child Sultan. Her ignorance about identity of Rakesh reflects that she is telling lie in the court and has been managed to be hostile, because Rakesh was son of her own real sister, as has been admitted by PW2 Raj Kumar (son of Smt. Meena). 12. PW4 is Constable Ravi Datt Sharma. He is the star witness, who has disclosed entire sequence of incident, which completes the chain of the circumstantial evidence. On the date of incident, this witness was posted at the GRP Outpost, Kashipur within the territorial jurisdiction of Police Station Kathgodam, and he was on duty on the running train no. 153 up on 21.8.1999, which was Kashipur bound. He states in his testimony that another Constable Jaipal Singh (PW5) was also on duty aboard the said train along with him. He states that they were sitting in a compartment, which was just next to guard cabin. A Train Ticket Examiner was also on duty aboard the train. When the TTE was checking the passenger tickets, one man disclosed himself to be GRP personnel. Since the person concerned was in the civil dress, therefore, this witness along with Constable Jaipal Singh (PW5) went to see that person. Dim light was present in the compartment. He further states that he identified the accused Ram Gopal to be a GRP personnel because he was acquainted with him since before, because when he was posted at Saharanpur, Ram Gopal was posted at Roorkee (once part of District Saharanpur). Ram Gopal used to collect and deliver the post from GRP Police Station, Saharanpur. He also identified another accused Rakesh in the court and has proved that a woman and a child, aged about 8 years, were travelling along with both accused persons. They were interacting with each other and were also having their evening meals. He further states that Ram Gopal told him that he was posted at Bareilly and was on duty to serve the process. This accused Ram Gopal was also once posted at GRP Outpost at Kashipur. They were interacting with each other and were also having their evening meals. He further states that Ram Gopal told him that he was posted at Bareilly and was on duty to serve the process. This accused Ram Gopal was also once posted at GRP Outpost at Kashipur. When the train arrived at Kashipur railway station, accused Ram Gopal was seen alone. He was visibly looking perturbed. He further states that by the time this witness Ravi Datt Sharma could deposit the Government Fire Arms at the GRP Outpost, sweepers/cleaning staff of the railways informed the presence of some broken bangles, blood, sandal in the same compartment in which the accused was travelling along with his fellow companions. On receiving this information, Constable Ravi Datt Sharma along with Head Moharrir Nav Ratan Singh rushed to the compartment, wherein all the things stated above were recovered. Those were sealed at the spot and recovery memos were prepared and the same have been proved as Ex. Ka-1 and Ka-2. Later on this witness PW4 Ravi Datt Sharma identified the dead bodies of woman and child as the same who were seen by him on 21.8.1999 in the train soon after its departure from Lalkuan. 13. PW5 is Constable Jaipal Singh, who was also on the security duty on the train along with Ravi Datt Sharma on the relevant date and time, has corroborated the testimony of Constable Ravi Datt Sharma before the trial court. He has categorically stated that when the train arrived at Kashipur and the accused Ram Gopal stepped out of the train, he was sweating. On being asked, he did not disclose anything and said in an evasive manner that there was nothing unusual. He is also a witness of recovery of broken bangles, ladies sandal and the blood from the compartment of the train. He has proved that this was the same place of compartment where a lady and a child were sitting along with Ram Gopal and his associate Rakesh. He has also identified the dead bodies of the woman and child in the mortuary. 14. PW6 is Constable Vijay Pal Singh who was posted at Bajpur Police Station on 22.8.1999. He carried the dead bodies to the mortuary at Kashipur. 15. PW7 is Preetam Sonkar, who is resident of Bareilly city. He was the landlord of the house wherein Ram Gopal was staying as tenant. 14. PW6 is Constable Vijay Pal Singh who was posted at Bajpur Police Station on 22.8.1999. He carried the dead bodies to the mortuary at Kashipur. 15. PW7 is Preetam Sonkar, who is resident of Bareilly city. He was the landlord of the house wherein Ram Gopal was staying as tenant. He has also proved this much that Ram Gopal had a son, aged about 5 years. Subsequently, this witness turned hostile and did not support the prosecution case. But he admits this much that Ram Gopal used to reside in his house along with his family having a 5 years old son. 16. PW8 is Dr. Rakesh Singh, who had conducted the autopsies on the dead bodies. The injuries found by this doctor and his opinion have already been recorded hereinabove. 17. PW9 is Constable Manohar Singh. He was posted in the GRP Police Station Kathagodam as Head Moharrir. This witness has proved the submission of two bundles of clothes of the deceased. 18. PW10 is Anil Kushan, who was the Station Officer in GRP Kathgodam on the relevant date and time. He states that on receiving the information about the recovery of the dead bodies, he went to Kashipur and connected the entire links of recovery of ladies sandals, broken bangles and blood of the deceased persons. He also arrested the accused Ram Gopal on 24.8.1999 and a shirt of dark reddish brown colour was recovered from him. Disintegrated bloodstains were present on the shirt of Ram Gopal. 19. PW11 is S.I. Rameshwar Jha, who has recovered the dead bodies of the deceased from the railway track and has performed the other formalities of inquest report and thereafter sent the dead bodies for post-mortem after preserving photographs of the same. 20. PW12 A.S.I. Jagdish and PW13 Station Officer Praveen Kumar Tyagi are also other police witnesses, whose testimonies are only formal in nature. 21. Thereafter statements of the accused persons were recorded under Section 313 CrPC. Co-accused Rakesh has expressed his ignorance from each and every fact, whereas accused Ram Gopal has even denied his acquaintance with deceased lady Sona, much less his marriage with her. He has alleged that at the time of his arrest on 24.8.1999, he was assaulted by the police personnel. So, he was medically examined on 24.8.1999 at 5 pm by the emergency medical officer at Government Hospital, Kashipur. He has alleged that at the time of his arrest on 24.8.1999, he was assaulted by the police personnel. So, he was medically examined on 24.8.1999 at 5 pm by the emergency medical officer at Government Hospital, Kashipur. His medical examination report is Ex. Ka-5. Only three abrasions were found on his body. All the injuries were simple in nature and were about 1 to 3 days’ old. 12 22. The allegation of Ram Gopal is that he was manhandled by the police personnel at the time of his arrest does not seem to be true because he was arrested on 24.8.1999 and on the same day after few hours he was medically examined. All the three abrasions appear to have been suffered by accused appellant out of the resistance, which might have been offered, by the deceased lady and her minor son when the accused appellant and his companion were committing this ghastly and heinous crime. Rather, this is a corroborative piece of evidence indicating the complicity of the accused appellant in the crime. 23. Admittedly, at the relevant time accused appellant was posted at Soraun GRP Outpost, which comes within the territorial jurisdiction of GRP Bareilly. The native place of the accused appellant is Kashipur. The fact that he used to reside along with his family having a 5 years’ old child in Bareilly city and that was the house of PW7 Preetam Sonkar clearly leads to the conclusion that this family was none other than of accused in which Smt. Sona was living as his wife and her son Sultan was living as son of duo. This poor lady and her unfortunate child have been identified after their death by PW4 Constable Ravi Datt Sharma and PW5 Constable Jaipal Singh, as they had seen them while they were sitting, interacting with each other and were also having meals together with accused appellant and his companion in the compartment of the train. But when the train reached at Kashipur and accused got down from it, he was alone, and was visibly looking quite perturbed and was also sweating at that time. On being asked by Constable Ravi Datt Sharma and Jaipal Singh, he concealed his crime and said that nothing was unusual, and pretended as if everything was normal. But when the train reached at Kashipur and accused got down from it, he was alone, and was visibly looking quite perturbed and was also sweating at that time. On being asked by Constable Ravi Datt Sharma and Jaipal Singh, he concealed his crime and said that nothing was unusual, and pretended as if everything was normal. Soon after, broken bangles, blood and ladies sandal were found lying near the gate of the same compartment in which the accused persons along with the deceased lady and child were travelling. 24. The contention of the learned Counsel is that this murder was not possible at the hands of the accused in a moving train, where it is alleged, in front of number of passengers, who must be present there. This contention is not acceptable because it was a local train, which used to ferry passengers between Lalkuan to Kashipur. The incident took place in the later half of the month of August. It used to reach Kashipur at around 10 pm in the night and the crime appears to have been committed sometime before reaching of the train at Kashipur. In the circumstances, it was quite possible that when the train was about to reach its ultimate destination Kashipur, there might not have been left any other passenger, other than the accused persons and the deceased, in the compartment. Even otherwise, if any other passenger was left, then noticing such a ghastly and terrible double murder at the hands of accused having robust physic, it was not unusual if none reported the matter to the police. This is also evident from the fact that the dead bodies were recovered from Shivpuri, which comes before Kashipur in that fateful train journey. 25. PW2 Raj Kumar, who is real brother of the deceased, has proved that his sister used to sell flower garlands at the Soraun railway station and this station had a GRP Outpost where the accused was posted. His sister Smt. Sona was a widow having 5-6 years’ old son from her previous marriage. Subsequently, accused Ram Gopal had married her sister and started living at Bareilly city along with her and her son. His sister Smt. Sona was a widow having 5-6 years’ old son from her previous marriage. Subsequently, accused Ram Gopal had married her sister and started living at Bareilly city along with her and her son. This evidence is corroborated by the statement of landlord PW7 Preetam Sonkar, who has accepted that Ram Gopal used to reside in Bareilly city as a tenant in his house along with his family having a five years’ old son. 26. So, this link in the chain of circumstantial evidence significantly indicates that the deceased Sona was residing as the wife of the accused appellant along with her son Sultan in Bareilly, and on that fateful night, they were travelling along with the accused Ram Gopal in train no. 153 up. So, all these circumstances are clearly indicating towards the guilt of the accused Ram Gopal as well as co-accused Rakesh, and the real assassins are none other than these accused persons. 27. Learned Counsel for the appellant also argued that prosecution has failed to prove any motive on the part of accused appellant behind his committing the alleged crime. We find no substance in the submission of learned Counsel. Accused Ram Gopal, being a police constable, was also a Government Servant. He was already having a legally wedded wife and family at his native place Kashipur. Concealing this fact, he was keeping Smt. Sona (deceased) as his second wife and her 5 years’ old son in Bareilly city. For a Hindu, keeping more than one wife at one time is polygamy, which is prohibited under the law of the land. It is also against the Government Servant Conduct Rules. As such, the appellant being a Hindu could not marry again during the lifetime of his first wife. Being a police constable and thus a Government Servant, he must have been aware of the consequences. He had, therefore, a motive in eliminating Sona, the deceased. The appellant chose it fit to get rid of this lady Smt. Sona and her son by killing them in such a manner that their bodies could not even be found and or identified and, therefore, he murdered both of them in such a cruel and merciless manner in a running train in the night of 21.8.1999 and threw their bodies out of the compartment on the railway track. 28. 28. Moreover, the Hon’ble Apex Court in the case of Mulkh Raj v. Satish Kumar, reported in 1992 SCC (Cri) 482, has held that though in case of a circumstantial evidence, motive bears important significance, but motive always lurks up in the mind of the accused and sometimes it is difficult to unlock it. People do not act wholly without motive. The failure to discover motive of an offence does not simplify its non-existence. The failure to prove motive is not fatal as a matter of law. Proof of motive is never 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. 29. Although the learned Sessions Judge has acquitted the co-accused Rakesh only on the ground that two star witnesses PW4 Constable Ravi Datt Sharma and PW5 Jaipal Singh were not acquainted with co-accused Rakesh before the incident and no identification parade was organized by the prosecution in order to ascertain the identity of co-accused Rakesh in the crime. The witnesses have only identified the co-accused Rakesh in the court. So, the learned Sessions Judge has extended the benefit of doubt to this accused Rakesh. As the Government has not preferred any appeal against the acquittal of Rakesh, therefore, we are restraining ourselves from commenting anything further in this regard. 30. To conclude, since the links supplied by the prosecution witnesses complete the chain of circumstantial evidence, clearly pointing out towards the guilt of accused appellant Ram Gopal, and the chain of circumstantial evidence is further corroborated by medical evidence, therefore, we find no reason to interfere with judgment and order under challenge. This appeal has no merit at all and deserves to be dismissed. 31. Accordingly, we dismiss the appeal and affirm the conviction and sentence awarded to the accused appellant Ram Gopal. Impugned judgment and order dated 18/20.2.2004, passed by the learned Sessions Judge, Nainital in Sessions Trial No. 159/2001, State v. Ram Gopal & Another, is hereby upheld. Appellant Ram Gopal is on bail. His bail bond is cancelled. He shall be forthwith taken into custody to serve out the sentence. 32. Let a copy of this judgment and order be sent to the court below for compliance. Appellant Ram Gopal is on bail. His bail bond is cancelled. He shall be forthwith taken into custody to serve out the sentence. 32. Let a copy of this judgment and order be sent to the court below for compliance. Trial court record be sent back.