Judgment Prafulla C. Pant, J. This appeal, received through Superintendent of District Jail, Dehradun, is directed against the judgment and order dated 09.07.2009, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 2 of 2008, whereby said court has convicted accused/appellant Munendra Singh @ Munna under section 392 read with section 397 IPC and under section 304 (part II) IPC. The convict has been sentenced to rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. 5,000/- under section 392 read with section 397 IPC. He has been further sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 2,000/- under section 304 (Part II) IPC. 2. Heard learned Amicus Curiae for the appellant, learned counsel for the State, and perused the lower court record. 3. Prosecution story in brief is that Hari Kishan Singh (deceased) left his house in the morning with cash of Rs. 7,000/- in his purse for Nakot market. He had to make purchase for marriage of his grand daughter. He did not return back by evening. After the night had set in, some children shouted that Hari Kishan Singh was lying in unconscious condition on the road. On this, P.W.7 Saraswati Devi (daughter-in-law of Hari Kishan Singh) proceeded alongwith villagers, and found that her father-in-law was lying in unconscious condition. She tried to know from him (Hari Kishan Singh) if he was assaulted he replied in affirmative by sign but he was unable to speak. His clothes were blood soaked. He had suffered injury on his head. Prosecution case is that villagers took Hari Kishan Singh (deceased) for his medical treatment to Rishikesh but on the way he succumbed to the injuries suffered by him. A first information report (Ex.A3) was got lodged by P.W.7 Saraswati Devi against unknown persons on the basis of which crime no. 5 of 2007 was registered with Patwari Kothi, District Tehri Garhwal. (In certain areas of Uttarakhand hills police powers are given to the revenue officials). P.W.14 Kripal Singh the then Patwari of Kothi started investigation of the case. The dead body of Hari Kishan Singh was sealed and inquest report (Ex. A1) was prepared by P.W.13 Head Constable Sidhi Lal Sah on 08.09.2007. The police further prepared sketch of dead body (Ex. A9), Police Form No. 13 (Ex. P.W.14 Kripal Singh the then Patwari of Kothi started investigation of the case. The dead body of Hari Kishan Singh was sealed and inquest report (Ex. A1) was prepared by P.W.13 Head Constable Sidhi Lal Sah on 08.09.2007. The police further prepared sketch of dead body (Ex. A9), Police Form No. 13 (Ex. A6), letter to Chief Medical Officer (Ex. A7) requesting for post mortem examination and other necessary papers on record and sent the body for autopsy. P.W.11 Dr. Radhakrishan Lal Srivastava conducted post mortem examination on 08.09.2007, and prepared autopsy report (Ex. A5). He recorded as many as six ante mortem injuries, and opined that deceased (Hari Kishan Singh) had died as a result of syncope. The Investigating Officer interrogated the witnesses, and inspected the spot. During investigation accused Munendra Singh @ Munna, nephew of the deceased was found in possession of mobile phone belonging to the deceased. Accused Munendra Singh @ Munna was arrested on 19.09.2007. On completion of investigation charge sheet was filed against accused Munendra @ Munna for his trial in respect of offences punishable under section 302 and 397 IPC. 4. The Chief Judicial Magistrate, Tehri Garhwal, on receipt of the charge sheet (Ex. A17), after giving necessary copies to the accused as required under section 207 Cr.P.C., appears to have committed the case to the court of sessions for trial. Learned Sessions Judge, Tehri Garhwal, after hearing the parties on 19.02.2008, framed charge of offences punishable under section 392 read with section 397 IPC and under section 302 IPC, against accused Munendra Singh @ Munna who pleaded not guilty and claimed to be tried. On this , prosecution got examined P.W.1 Lokender Singh, P.W.2 Vikram Singh, P.W.3 Moor Singh, P.W.4 Smt. Laxmi, P.W.5 Safar Singh,P.W.6 Ramesh Chandra, P.W.7 Saraswati (informant), P.W.8 Shambhu Singh, P.W.9 Bachan Singh, P.W.10 Radha Krishan Suyal, P.W.11 Dr. RadhaKrishan Lal Srivastava (who conducted post mortem examination), P.W.12 Ravinder Kumar (witness of recovery of mobile phone), P.W.13 Head Constable Sidhi Lal (witness of inquest report) and P.W.14 Kripal Singh, Patwari (who investigated the crime). The oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which he admitted that deceased was his relative but as to the rest of the evidence he alleged that the same is false. No evidence in defence was adduced. The oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which he admitted that deceased was his relative but as to the rest of the evidence he alleged that the same is false. No evidence in defence was adduced. The trial court, after hearing the parties found that prosecution has successfully proved charge of offence punishable under section 392 read with 397 IPC and under section 302 IPC. After hearing on sentence, the convict was sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 5,000/- under section 392/397 IPC, and rigorous imprisonment for a period of seven years, and directed to pay fine of Rs. 2,000/- under section 304 (Part II) IPC. Aggrieved by said judgment and order dated 09.07.2009, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 2 of 2008, this appeal is preferred by the convict which was got sent through Superintendent of District Jail, Dehradun. 5. Before further discussion this Court thinks it just and proper to mention the ante mortem injuries recorded by P.W.11 Dr. Radhakrishan Lal Srivastava at time of post mortem examination of the body of the deceased (Hari Kishan Singh). The ante mortem injuries recorded in autopsy report (Ex. A5) are being reproduced below:- (i) Lacerated wound over occipital region of scalp size 9cm X 2cm X scalp deep. Clotted blood present fracture on occipital bone. (ii) Multiple abraded contusion over nose, ear and face. Colour reddish brown. (iii) Lacerated wound over right and left parietal region of scalp size 6cm X 1cm X bone deep. (iv) Multiple contusion over dorsal aspect of hand with fracture on middle finger. (v) Lacerated wound over left elbow joint size 4cm X 1cm X1cm. Clotted blood present. (vi) Abrased contusion on posterior aspect of left shoulder lateral end of left clavicle. The medical officer (P.W.11) has opined in the autopsy report that deceased had died of syncope as a result of ante mortem injuries. From the above medical evidence on record, it is established that deceased had died either accidental or homicidal death. This Court has to examine whether prosecution has successfully proved or not the charge of robbery and culpable homicide not amounting to murder, against the accused for which he has been convicted. 6. From the above medical evidence on record, it is established that deceased had died either accidental or homicidal death. This Court has to examine whether prosecution has successfully proved or not the charge of robbery and culpable homicide not amounting to murder, against the accused for which he has been convicted. 6. Learned Amicus Curiae argued that it cannot be ruled out that deceased might have died accidental death. However, learned counsel for the State submitted that complete chain of circumstances brought on record clearly establishes that Hari Kishan Singh (deceased) was robbed by accused Munendra Singh, and while committing robbery he assaulted the deceased who lost his life. Now, this Court after going through the entire evidence on record would like to mention the chain of circumstances brought on record by the prosecution. 7. P.W.1 Lokender Singh has stated that he had sold a Nokia mobile set no. 1100 to Hari Kishan Singh (deceased) for Rs. 2,700/-. 8. P.W. 2 Vikram Singh who is cousin of the accused stated that after the death of Hari Kishan when he pressed no. 9837874882 (which belonged to the deceased) from other end the person who responded to the call had a voice like that of accused Munendra Singh @ Munna. When this witness wanted to know as to how mobile phone of the deceased had reached to him from the other end the caller started hurling abuses. 9. P.W.12 Ravinder Kumar Chamoli who was Sub Inspector at Police Station Muni-Ki-Reti has stated that on 19.09.2007, when he arrested accused Munendra Singh @ Munna in connection with crime no. 1650 of 2007, relating to offence punishable under section 60 of Excise Act, on personal search of the accused recovery of mobile model Nokia 1100 was made. 10. P.W.10 Radha Krishan Suyal, Patwari Nakot, has proved that said aforesaid recovered mobile from the accused (Nokia 1100) had IMEI 358379004659922 and it had phone connection no. 9837874882 (belonging to Hari Kishan Singh, deceased). This witness has proved supurdgi memo (Ex. A4). 11. Learned Amicus Curiae submitted before this Court that since P.W.1 Lokender Singh has not disclosed IMEI no. as such it cannot be said that the set which was purchased by Hari Kishan was recovered from the possession of the accused. 9837874882 (belonging to Hari Kishan Singh, deceased). This witness has proved supurdgi memo (Ex. A4). 11. Learned Amicus Curiae submitted before this Court that since P.W.1 Lokender Singh has not disclosed IMEI no. as such it cannot be said that the set which was purchased by Hari Kishan was recovered from the possession of the accused. However, this Court unable to accept the said argument for the reason that there is ample evidence showing that the phone sim card belonging to the deceased was found in the set recovered from the accused Munendra Singh @ Munna. 12. Apart from the recovery of the mobile phone of the deceased from the accused there are other circumstances brought on record by the prosecution. P.W.7 Saraswati has stated that on 07.09.2007, her father-in-law (Hari Kishan Singh) had gone with cash of Rs. 7,000/- in connection with making purchase for marriage of his grand daughter. From her statement it has come on the record that when after the news came about the fact that her father-in-law lying unconscious, she went to the spot and found that her father-in-law had neither the cash, nor any items if any purchased except tea pouch suggesting that he had been looted, and assaulted. 13. P.W.8 Shambhu Singh has stated that on 07.09.2007, at about 6:00 p.m., he saw accused Munendra Singh @ Munna about half kilometer away from Nakot on the way at a distance of hardly ten steps away from the place where Hari Kishan Singh was sitting. This witness has further stated that accused Munendra Singh @ Munna was in possession of a flat piece of wood. The witness has further stated that within less than one hour he came to know that Hari Kishan Singh was lying in unconscious condition. The witness further told that he alongwith villagers went to spot and accused Munendra Singh @ Munna was not there. 14. Similar evidence of ‘last seen’ of accused with deceased has been given by P.W.4 Smt. Laxmi who has stated that at about 6:30 p.m., when she was passing through she also saw Munendra Singh @ Munna Sitting with a flat piece of wood which was three ft. long, and Hari Kishan (deceased) was sitting at some distance from him. 14. Similar evidence of ‘last seen’ of accused with deceased has been given by P.W.4 Smt. Laxmi who has stated that at about 6:30 p.m., when she was passing through she also saw Munendra Singh @ Munna Sitting with a flat piece of wood which was three ft. long, and Hari Kishan (deceased) was sitting at some distance from him. The witness has further told that thereafter she did not see Hari Kishan Singh alive as such the statement of above witness corroborates the circumstance suggesting that accused Munendra Singh @ Munna robbed Hari Kishan Singh (deceased) and while committing robbery assaulted him whereafter Hari Kishan Singh lost his life. 15. The third circumstance brought on record is that soon after the death of Hari Kishan Singh accused Munendra Singh @ Munna who was nephew of the deceased and belonged to the same village absconded from the village. This evidence has been adduced by P.W.2 Vikram Singh. The accused does not deny that he is relative of the deceased. It is also clear from the statement of the above witness that before the death of Hari Kishan Singh accused was in the village and he was sitting about ten ft. away from the deceased but after the incident he did not attend the funeral of his relative (deceased) in the village and absconded. 16. Having re-appreciated the entire evidence on record, this Court is in agreement with the trial court that chain of circumstances is complete as against accused suggesting that none other than accused Munendra Singh @ Munna committed robbery and while committing robbery he caused injuries on the person of Hari Kishan Singh (deceased) who succumbed to the injuries and died. As such, both the charge of offences punishable under section 392/397 IPC and one 304 (Part II) are proved on the record. Therefore, this Court finds no force in this appeal. 17. Accordingly the appeal is dismissed. Let a copy of this judgment be sent to the Superintendent of District Jail for information of the appellant. Lower court record be sent back.