JUDGMENT 1. - The present appeal has been preferred through jail. The appellant herein has been convicted vide impugned judgment dated 16.10.2004 for offence under Sections 302 and 394 I.P.C., and vide a separate order of even date the appellant has been convicted and sentenced as under:- 302 I.P.C. Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine, further to undergo rigorous imprisonment for three months' 394 I.P.C. Ten years' rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine further to undergo rigorous imprisonment for one month. 2. In the present case the conviction rests on circumstantial evidence as nobody had witnessed the occurrence. By way of an appeal preferred, the judgment of conviction and order of sentence has been assailed before us through a counsel appointed as Amicus Curiae for the appellant. 3. Before we appreciate the rival contentions raised before us, it would be necessary to give brief gist of the facts of the case. On 15.4.2004 PW-1 Babu @ Mohd. Smile learnt that dead-body of an unidentified woman was lying in a drain of 'Jagpura Nadi'. PW-1 Babu @ Mohd. Smile deposed in court that on 15.4.2004 it was about 6:00 pm when he was grazing goats some children told him that an unidentified woman is lying dead in the drain. He went to the spot and found that both the feet of the woman were chopped off and the dead-body was decomposed due to excessive heat. From the features of dead- body and the clothes worn by the deceased the witness inferred that she belong to Bheel tribe. The information was given by this witness to the police and upon its arrival he made complaint (Exh.P/1), which bear his signature. On the next day the police had taken necessary steps and had made a recovery memo/panchayatnama of the dead-body (Exh.P/2). This witness proved his signatures on the report (Exh.P/1), Panchayatnama (Exh.P/2) and rough site-plan prepared by the police (Exh.P/3). In cross-examination this witness disclosed that he had given information to the police on telephone after he had seen the dead-body and on arrival of the police he had given a written complaint (Exh.P/1). 4. Fateh Singh (PW-18) deposed that on 15.4.2004 he was posted as SHO, Police Station, Kachola. In cross-examination this witness disclosed that he had given information to the police on telephone after he had seen the dead-body and on arrival of the police he had given a written complaint (Exh.P/1). 4. Fateh Singh (PW-18) deposed that on 15.4.2004 he was posted as SHO, Police Station, Kachola. At 6:00 pm he received information through telephone that one unidentified woman was lying dead in Jagpura drain. He along with his companion officials reached at the spot where PW-1 produced written complaint (Exh.P/1). He had sent the same through Constable Gopal Lal for registration of a case. He prepared rough site-plan at the spot (Exh.P/3), lifted blood-stained earth from the spot. The clothes of the deceased were taken in possession vide a separate memo (Exh.P/20). The dead-body was sent for postmortem. The dead-body was got identified from the husband of deceased. This witness has recorded statements of various witnesses also and got the spot photographed. He proved the photographs (Exh.P/22 to Exh.P/27) and the negative of photographs as EXh.P/28 to Exh.P/33. This witness arrested the present appellant vide arrest memo (Exh.P/34). The arrest of the accused was effected on 16.4.2004. This witness further deposed in the court that the accused at the time of arrest voluntarily made a disclosure statement that he had kept concealed the 'kadias (ornaments worn in feet) after chopping off the feet of deceased and 'anwley' and he can get the same recovered. The disclosure statement is Exh.P/35. This witness made a further disclosure statement that he can get recovered pent and shirt worn by him at the time of occurrence. The disclosure statement regarding clothes was recorded as Exh.P/36. Another disclosure statement was made by the accused as Exh.P/37 wherein he stated that he can get recovered the stones with which he had chopped off the feet of deceased. 5. Having noted the broad features of the investigation, it will be pertinent to mention that after conducting investigation of aforesaid FIR, a report under Section 173 Cr. P.C., was submitted by the Investigating Officer in the court of Additional Chief Judicial Magistrate, Mandalgarh, who committed the case to the court of sessions. The Sessions Judge, Bhilwara entrusted the case for trial to the court of Additional Sessions Judge (Fast Track) No. 1, Bhilwara, who as stated earlier has convicted and sentenced the present appellant. 6. P.C., was submitted by the Investigating Officer in the court of Additional Chief Judicial Magistrate, Mandalgarh, who committed the case to the court of sessions. The Sessions Judge, Bhilwara entrusted the case for trial to the court of Additional Sessions Judge (Fast Track) No. 1, Bhilwara, who as stated earlier has convicted and sentenced the present appellant. 6. Picking up the thread from what has been stated earlier, it is to be noted that the autopsy of dead-body was conducted on 6.4.2004 by a Medical Board consisting of five doctors. In court prosecution produced Dr. Khan Ansar (PW-9) and PW-11 Dr. Dinesh Kumar Gautam to prove the medical evidence. It has been stated by both these witnesses that the feet of the deceased woman who was of age of 35 years were missing. The bones below ankle and skin were badly mutilated. The dead-body was decomposed and was emitting foul smell and maggots were found on the dead-body. Maggots were also found on the face, nose, eyes, throat and chest. As per the opinion of Medical Board, the cause of death was excessive bleeding and hemorrhage. 7. PW-2 Chhoga Bheel stated that his daughter was married with Heera Lal. Deceasd Bali was the 'nanad' of his daughter. 3-4 months before 'Akhateej' he was living in Swaroop Ji Ka Kheda where deceased Bali came to invite him for the marriage of his daughter. At that time she was accompanied by daughter of Nathu Bheel. She came at around 4:00 pm. After the deceased had extended invitation, he had gone to see her off till Vikram Choraha. At that time the deceased was wearing 'odhani' of red colour and was also wearing 'kadia and anwley' in the feet. This witness further stated that the day the deceased came to invite him thereafter he has not seen her alive. PW-3 Sushree Deu Bheel is the daughter of the deceased. She stated that she was living at Kachola with her mother. Her marriage was to be performed on 'Akhateej'. Her mother had gone to 'Swaroop Ji Ka Kheda' to extend invitation. She had gone alongwith lachey, letter and maize ('makki') to extend the invitation. Thereafter her mother had not returned. She has not seen her alive. She was wearing 'kadia and anwley' in her feet and when she left the house she was wearing red 'odhney' and green blouse and a 'ghagra'. She had gone alongwith lachey, letter and maize ('makki') to extend the invitation. Thereafter her mother had not returned. She has not seen her alive. She was wearing 'kadia and anwley' in her feet and when she left the house she was wearing red 'odhney' and green blouse and a 'ghagra'. Three days after her mother left, she received an information that her dead-body has been found in Jagpura drain. Feet of her mother were chopped off. She identified the ornaments worn by her mother at Mandalgarh court. In court also this witness identified Article-1 Kadia and Article-2 Anwley. She stated that these were worn by the deceased when she had left the home. She identified these articles in the court at Mandalgarh and in the trial court. She further stated that she identified these articles when they were lying mixed with other articles of similar nature. In cross- examination this witness stated that her statement was taken after seven days of the occurrence. This witness further stated that nobody told her that she has to identify the 'kadias and anwlas'. This witness further stated that from where these articles were purchased by her mother is not in her knowledge. She further stated that the report of identification was not read to her. She was told to append her thumb-impression, which she had appended. PW-4 Sambhu Lal Paliwal stated that on 17.4.2004 the accused got recovered two 'kadiyas' and two 'anwleys'. He got these articles recovered from a small room i.e. Kothiyad pole. Recovered articles according to the witness were EXh.P/4. The accused also got recovered his pent and shirt, which were having blood-stains. The accused also got recovered one cycle. In cross-examination this witness stated that two 'kadiyas' and two 'anwleys' were kept in a handkerchief. PW-5 Hajari stated that five months ago the accused had got recovered two stones from the place where babool trees are standing. In cross-examination he has stated that both the stones were having stains of blood. Jaswant Singh (PW-6) is the witness to the recovery of 'kadia and anwley'. The ornaments worn by the deceased were recovered at the behest of the accused. This witness further stated that the ornaments when weighed, were found to be 400 Grams. The accused also got recovered the clothes worn by him, which were having blood- stains and a cycle. Jaswant Singh (PW-6) is the witness to the recovery of 'kadia and anwley'. The ornaments worn by the deceased were recovered at the behest of the accused. This witness further stated that the ornaments when weighed, were found to be 400 Grams. The accused also got recovered the clothes worn by him, which were having blood- stains and a cycle. He had also prepared a scaled site-plan of the place of recovery. 8. Bhanwar Lal (PW-7) stated that he was running a tea stall at Vikram Bus Stand. About 4-5 months ago at about 4:30 pm one woman along with a young girl came at his tea stall. They had taken water from hand-pump. The woman belonged to Bheel community. The accused present in court had ordered for the tea. Tea was also taken by the lady and young girl. The accused Nana Lal made payment of tea and then they left towards Mahua. At about 5:00 pm the lady and the young girl had left the tea stall by walking, whereas the accused had left on the cycle. Later he learnt that the woman was killed. The woman was wearing 'ghagra' of yellow colour and the woman was also wearing 'kadiyas'. Mst. Kali a girl aged 7 years was also examined by the prosecution as PW-8. Before this witness stepped in the witness-box, the court by asking various questions assessed competence of the witness to depose. This witness stated that 4-5 months ago deceased Bali had come to the house to extend invitation. She accompanied the deceased to the hut of Nathu Bheel. A man met them at Vikram Choraha. He accompanied them to the tea stall, where they had taken tea. Thereafter that person had taken them on a cycle. The deceased woman was a pillion-rider whereas she sat in front of the cycle. On their arrival at Mahua, the lady and the man left towards Kachola. Later the lady was found dead. She identified the accused present in court as the same person who had given them lift on cycle. 9. PW-10 Abhay Singh stated that on 23.4.2004 he was posted in SP Office in Chemical Branch. He was entrusted with certain articles by Constable of the Police Station. This witness was examined to prove the link evidence. 10. She identified the accused present in court as the same person who had given them lift on cycle. 9. PW-10 Abhay Singh stated that on 23.4.2004 he was posted in SP Office in Chemical Branch. He was entrusted with certain articles by Constable of the Police Station. This witness was examined to prove the link evidence. 10. Smt. Kamla (PW-12) stated that 4-5 months ago at about 2:00 pm Smt. Bali came to her house to extend invitation. Bali came from Kachola to Mahua. At that time she was wearing artificial 'kadiyas and anwlas'. Her daughter Kali had accompanied her to the house of Chhoga Bheel. Her daughter returned at 6:00 pm and told that she had accompanied a man on a cycle. Bali was later not seen alive by her. PW-13 Shankar Bheel stated that five months before the occurrence, the accused got recovered two stones from a babool tree and both the stones were stained with blood. PW-14 Mangu Bheel stated that unidentified dead-body of a woman was recovered. The same was handed-over to the relations for cremation. At that time the police had not only made a rough site-plan of the spot from where the dead-body was recovered but also had lifted blood- stained earth. This witness had attested the memos. 11. Satya Narayan Singh (PW-15) stated that on 20.4.2004 he was posted as Tehsildar, Mandalgarh. He stated that on that day two sealed packets were produced before him for identification. The packets were opened by him. He found therein two 'kadiyas', one of which was broken and two 'amley'. He mixed these ornaments with similar ornaments and thereafter a girl named Devly was called. She identified the ornaments. He had prepared report of identification (Exh.P/15). The report also bear thumb-impression of Devli, who had identified the articles. In cross-examination the witness stated that the packets were brought by HC, Kachola. The packet was having a seal of SHO, Police Station, Kachola. PW-16 Chatra Ram Constable and PW-17 Head Constable Abdul Salim were examined to prove the link evidence. Thereafter the prosecution closed its evidence. 12. The statement of the accused was recorded under Section 313 Cr. P.C. All the incriminating evidence was put to the accused, who denied the same and pleaded false implication. No witness was examined by the accused in defence. Thereafter the prosecution closed its evidence. 12. The statement of the accused was recorded under Section 313 Cr. P.C. All the incriminating evidence was put to the accused, who denied the same and pleaded false implication. No witness was examined by the accused in defence. From the above evidence led by the prosecution following circumstance emerge in the prosecution case against the accused:- (a) The deceased was last seen with the accused by PW- 8 Kali, a child of 8 years and Bhanwar Lal (PW-7) a tea stall vendor. (b) As per the prosecution witnesses the deceased was wearing 'kadiyas and anwley'. This fact has been proved by the witnesses to whom the deceased had gone to give invitation to attend her daughter's marriage. (c) The articles so allegedly worn by the deceased were got recovered by the accused in pursuance of the disclosure statement made by him to the police in presence of witnesses. The articles so recovered were identified by daughter of the deceased to be the articles worn by the deceased. (d) The accused got recovered pent and shirt, which were stained with blood. (e) The accused also got recovered two stones in pursuance of the disclosure made by him. According to prosecution these stones were used by the accused to break legs of the deceased for removing the ornaments. 14. We have heard learned Amicus Curiae and counsel for the State and have given our thoughtful consideration to the rival submissions advanced before us. Shri Niranjan Singh appearing as Amicus Curiae for the appellant has urged that the prosecution has miserably failed to prove identity of the dead- body. It is stated that the dead-body was decomposed, purified and was beyond recognition. Learned counsel for the appellant has relied upon the testimony of PW-9 Dr. Khan Ansar and PW-11 Dinesh Kumar Gautam to highlight that maggots were found on the face, nose, eyes, throat and chest, therefore, the prosecution has not proved with certainty that the dead-body pertained to Bali, who has been allegedly murdered.15. We are not impressed with the argument regarding identification of the dead-body. PW-3 Deu daughter of the deceased in cross-examination stated that she had seen the dead-body at the spot. She further stated that her mother was wearing red 'odhani', green blouse and a 'ghagra'. We are not impressed with the argument regarding identification of the dead-body. PW-3 Deu daughter of the deceased in cross-examination stated that she had seen the dead-body at the spot. She further stated that her mother was wearing red 'odhani', green blouse and a 'ghagra'. Furthermore, various other witnesses have testified and given details of the clothes worn by deceased, even though, the dead-body was decomposed, the prosecution has conclusively proved that the colour of the clothes worn by deceased and had discharged the onus regarding the identification of the dead-body.16. Counsel for the appellant has canvassed before us that the evidence of last seen and recovery of jewellery from the accused is not sufficient to infer that it is the accused who has committed the offence as it will not complete the chain of circumstances.17. We are of the view that the contentions advanced by learned counsel for the appellant are devoid of any merit.18. PW-2 Chhoga Bheel has specifically stated that the deceased had come to invite him for the marriage of her daughter. PW-8 Kali has specifically stated that the deceased had come to extend invitation regarding marriage of her daughter and she had accompanied the deceased to the tea shop and from their she along with the deceased had taken a ride on the bicycle of the accused. Testimony of Kali (PW-8) has been duly corroborated by Smt. Kamla (PW-12). The tea vendor Bhanwar Lal (PW-7) has also corroborated this fact, thus, it has been amply proved by the prosecution that the accused has taken the deceased on his bicycle and thereafter she was not seen alive.19. We cannot become oblivious of the fact that the feet of the deceased were chopped off and the anklets which were worn by the deceased were removed and were subsequently recovered at the behest of the accused. The witnesses of last seen and recovery are independent. They are neither inimical nor they are interested in success of the prosecution case. Furthermore, the defence could not shake the testimony of the witnesses. The articles of jewellery recovered from the accused were duly mixed-up with other articles of jewellery of similar nature. Identification of the jewellery articles was conducted by PW-15 Satya Narain Singh, who was then posted as Tehsildar, Mandalgarh. The articles were duly identified by PW-3 Deu, daughter of deceased. Furthermore, the defence could not shake the testimony of the witnesses. The articles of jewellery recovered from the accused were duly mixed-up with other articles of jewellery of similar nature. Identification of the jewellery articles was conducted by PW-15 Satya Narain Singh, who was then posted as Tehsildar, Mandalgarh. The articles were duly identified by PW-3 Deu, daughter of deceased. The accused-appellant had also got recovered the clothes which were stained with human blood.20. Taking totality of the circumstances which have been enumerated above and which have been duly proved by the prosecution, we are of the view that the guilt of the appellant is writ large, hence, there is no merit in the present appeal. Consequently, we uphold the conviction and sentence awarded by the trial court and dismiss the appeal.Appeal dismissed. *******