JUDGMENT 1. - By judgment dated 27.9.2005 learned Additional Sessions Judge (Fast Track) No. 1, Pali, Headquarter Jaitaran, convicted accused appellant for an offence punishable under Section 302 Indian Penal Code and sentenced to undergo life term imprisonment with a fine of Rs. 1000/-. In the event of default in payment of fine an additional simple imprisonment for a term of three months was required to undergo. A conviction for the offence punishable under Section 201 Indian Penal Code was also recorded and for that a sentence of three years rigorous imprisonment with a fine of Rs. 1000/- was awarded. In the event of default in payment of fine an additional simple imprisonment for a term of three months was required to undergo. Being aggrieved by the same, this appeal is preferred. 2. In brief, facts of the case are that one Shri Sunil Kumar (PW-4) submitted a typed report to Station House Officer, Police Station Sendara on 26.5.2004 at village Sumel with assertion that about ten years back his maternal aunt Smt. Madhu entered into a wedlock with Shri Gautam Chand Jain. Shri Gautam Chand was already married twice, but this fact was not disclosed by him at the time of marriage with Smt. Madhu. His first wife was killed by him and second wife left him being fed up with the torture advanced. On 26.5.2004, Sunil Kumar and his other family members came to Sumel on receiving telephonic information from Gautam Chand and Tara Chand Sankhla about death of Smt. Madhu. Smt. Madhu was found died due to burns. It was further stated that Gautam Chand was in habit of torturing and beating Madhu. On 13.5.2004, he along with Madhu came to Bhilwara and on 18.5.2004 Madhu was not at all inclined to move with him apprehending her killing. Gautam Chand was having illicit relations with his daughter-in-law and that was the cause of quarrel. 3. On basis of the information aforesaid, a case was lodged and investigation commenced. After completing the investigation a police report as per provisions of Section 173 Cr.P.C. was filed before the court of learned Judicial Magistrate, First Class, Bar, who committed the case to the court of learned Additional Sessions Jude, Sojat Camp Jaitaran. The case then was transferred to the court of learned Additional Sessions Judge (Fast Track) No. 1, Pali. After completing the investigation a police report as per provisions of Section 173 Cr.P.C. was filed before the court of learned Judicial Magistrate, First Class, Bar, who committed the case to the court of learned Additional Sessions Jude, Sojat Camp Jaitaran. The case then was transferred to the court of learned Additional Sessions Judge (Fast Track) No. 1, Pali. After hearing counsel for the accused, charge for commission of offences punishable under Sections 302 and 201 Indian Penal Code was framed and on denial of the same trial commenced, as desired. 4. The prosecution supported its case with the aid of 15 witnesses (PW-1 to PW-15) and several documents (Ex.P/1 to Ex.P/61). An opportunity was given to the accused to explain the adverse and incriminating circumstances existing in the prosecution evidence and while availing the same he stated that his wife was not having knowledge about life and death and, therefore, without having any reason she burnt herself and died. Suffice to mention here that the Forensic Science Laboratory reports Ex.P/60 and Ex.P/61 were received by the trial court subsequent to availing explanation of the accused under Section 313 Cr.P.C. On 22.3.2005, therefore, supplementary explanation were sought by him on 5.5.2005 and 11.8.2005. In defence, statements of Shri Lalit (DW-1) son of the accused appellant and Smt. Nisha (DW-2) daughter-in-law of the accused appellant were recorded. 5. Learned trial court after considering the entire evidence available, arrived at the conclusion that accused Gautam Chand committed murder of his wife Smt. Madhu and also made an effort to conceal the evidence, therefore, recorded his conviction for the offences punishable under Sections 302 and 201 Indian Penal Code and sentenced accordingly. 6. In appeal, the main argument of learned counsel for the accused appellant is that the case of the prosecution is based on circumstantial evidence that is not at all sufficient to arrive at the conclusion about definite involvement of the accused appellant in the crime in question, thus, the conviction recorded and the sentence awarded are erroneous. It is asserted that the prosecution failed to establish its case beyond reasonable doubt, therefore, the accused deserves to be acquitted. 7. While opposing the appeal, it is submitted by learned Public Prosecutor that adequate evidence is available on record to establish that Gautam Chand was subjecting deceased Madhu to torture and ultimately killed her. It is asserted that the prosecution failed to establish its case beyond reasonable doubt, therefore, the accused deserves to be acquitted. 7. While opposing the appeal, it is submitted by learned Public Prosecutor that adequate evidence is available on record to establish that Gautam Chand was subjecting deceased Madhu to torture and ultimately killed her. It is further submitted that continuous torture, not giving information to the police about death of Madhu, availability of insecticides in viscera report, burning of body in the house of accused and the recovery of kerosene and match box at the instance of the accused are the circumstances sufficient to arrive at the conclusion on basis of which conviction is recorded. 8. Heard learned counsel for the accused appellant and the learned Public Prosecutor. 9. PW-1 Dr. Prakash Chand Mathur was one among the members of the medical board that conducted autopsy on the person of Smt. Madhu. As per this witness, the postmortem report (Ex.P/1) was drawn by him with advise of Dr. Ramesh Bairwa and Dr. Sunita Bhansali. As per the medical evidence the cause of death was extensive burns along with suffocation causing shock to the nerve system under poisoning effect. The finding about the poisoning effect is substantiated by the prosecution with the aid of the report of Forensic Science Laboratory (Ex.P/61), according to that the viscera taken from stomach and small intestine of Smt. Madhu gave positive tests for presence of organophosphorus insecticide. In view of the medical evidence available on record, there is no doubt about homicidal death of Smt. Madhu. 10. The investigating agency during the course of investigation seized and recovered certain articles including mattress, a plastic container, torn pieces of synthetic cloth, burnt pieces of cloth, hair etc. On psycho chemical analysis fractions of kerosene residue were detected with the articles aforesaid. This fact discloses the burn given with the aid of kerosene. 11. PW-14 Shri Om Prakash narrated all the steps taken during the course of investigation being investigating officer. As per this witness, on 26.5.2004 he received a telephonic information from Sunil Kumar (PW-4) about death of Smt. Madhu by burns. He immediately proceeded to village Sumel where a written report was submitted by Shri Sunil. 11. PW-14 Shri Om Prakash narrated all the steps taken during the course of investigation being investigating officer. As per this witness, on 26.5.2004 he received a telephonic information from Sunil Kumar (PW-4) about death of Smt. Madhu by burns. He immediately proceeded to village Sumel where a written report was submitted by Shri Sunil. At the place of occurrence, this witness found that in a room situated at second floor of the house of Gautam Chand, a dead body severely burnt was lying. The size of the room was 8' x 10'. No marks of smoke were seen in the room though in southern corner of the room a match box was lying. In the adjacent room a jerrycan was found with kerosene about ½ litre. As per this witness the inspection of site was giving an impression that the lady was burnt at some other place and then she was lodged in the room, where the dead body found. During the course of investigation this witness arrested accused Gautam Chand, who made a disclosure on 28.5.2004 at about 11:00 AM about mattress on which Smt. Madhu was said to be killed. On basis of the information aforesaid the investigating agency recovered certain broken pieces of bangles, a pillow, a mattress from the house of the accused. 12. The witness of recovery Shri Narain Mali (PW-8), though has not supported the prosecution, however, he has not denied availability of his signatures on recovery memo. As per this witness his signatures were obtained on a blank paper. The fact about availing signatures of this witness on recovery memo has been substantiated by the investigating officer. 13. The prosecution has further supported its case with the aid of the statements of PW-4 Sunil Kumar, PW-5 Mangi Bai, PW-6 Rekha Jain, PW-7 Chandmal Jain and PW-12 Shantilal. 14. PW-4 Sunil Kumar is the person who submitted the first information report. This witness in quite specific terms stated that on receiving telephonic information he immediately rushed to Sumel, where he found that dead body of Smt. Madhu was lying in a small room. As per this witness accused Gautam Chand was in habit of beating his wife Smt. Madhu and for this reason Madhu was not at all interested to go to Sumel from Bhilwara on 18.5.2004. She was apprehending her killing. 15. As per this witness accused Gautam Chand was in habit of beating his wife Smt. Madhu and for this reason Madhu was not at all interested to go to Sumel from Bhilwara on 18.5.2004. She was apprehending her killing. 15. PW-5 Smt. Mangi Bai, mother of deceased Madhu, also stated that his daughter was not happy with Gautam Chand being subjected to usual torture. As per this witness, she made several efforts to improve attitude of Gautam Chand, but of no consequence. On 18.5.2004 Madhu was not inclined to go to Sumel with Gautam Chand apprehending her killing. This witness during the course of cross examination accepted that the marriage of Madhu with Gautam Chand was also her second marriage as her first marriage at Begun failed. This witness also stated that Gautam Chand never disclosed about his two earlier marriages. 16. PW-6 Smt. Rekha Jain,, PW-7 Chandmal Jain and PW-12 Shantilal also narrated the facts, which as a matter of fact are akin to the facts narrated by PW-4 Sunil and PW-5 Mangi Bai. 17. It is submitted by learned counsel for the accused appellant that all these witnesses are in close relation of deceased, therefore, their testimony is not trustworthy. It is asserted that no independent witness has supported the prosecution case. 18. We have considered this aspect of the matter thoroughly. True it is, PW-4 Sunil Kumar, PW-5 Mangi Bai, PW-6 Rekha Jain, PW-7 Chandmal Jain and PW-12 Shantilal are relatives of deceased Smt. Madhu, but merely on that count the evidence adduced by them cannot be ignored. All these witnesses with all confidence narrated about the attitude of accused towards deceased Madhu. The evidence is adequate to arrive at the conclusion that the accused was regularly torturing deceased Madhu. 19. In furtherance of the fact aforesaid, the issue requires consideration is that whether the accused committed murder of Smt. Madhu or not? 20. It is not in dispute that after unnatural death of Smt. Madhu no information was given to the police by the accused or any of his family member. The information was given to the police only by Shri Sunil (PW-4) after reaching Sumel. At the instance of accused certain articles including broken bangles, half burnt mattress, pieces of synthetic cloth were also recovered. All these clothes were found with fractions of kerosene residue. The information was given to the police only by Shri Sunil (PW-4) after reaching Sumel. At the instance of accused certain articles including broken bangles, half burnt mattress, pieces of synthetic cloth were also recovered. All these clothes were found with fractions of kerosene residue. The viscera taken from the stomach and small intestine of deceased also gave positive tests for presence of organophosphorus insecticides. The house where Smt. Madhu died was in exclusive possession of accused Gautam Chand. No explanation has been extended by him about the events taken place resulting into unnatural death of Smt. Madhu. Being residing in the same premises and being husband of deceased Smt. Madhu, the events and facts resulting into her death must be within the knowledge of the accused and a heavy burden was upon him to prove and explain the circumstances of happening for causing homicidal death of Smt. Madhu. He utterly failed to discharge such burden. 21. The circumstance of continuous torture to Smt. Madhu by accused Gautam Chand in addition to the circumstances of recovery of broken bangles, a kerosene jerrycan, availability of kerosene residue on the body of Smt. Madhu and her burnt clothes, availability of organophosphorus insecticide in her intestine and failure to explain unnatural death in the house under exclusive possession of the accused is forming a complete chain indicating only one conclusion about involvement of the accused with crime in question. As such no wrong has been committed by the trial court in recording conviction for commission of an offence punishable under Section 302 Indian Penal Code. The appeal, thus, deserves to be dismissed.Accordingly, the same is dismissed.Appeal dismissed. *******