JUDGMENT Per : Servesh Kumar Gupta, J. Challenge in this appeal is to the judgment and order dated 9.7.2010, passed by the Sessions Judge, Almora in Sessions Trial No. 17/2009. By the said judgment and order, the appellant Narayan Singh has been held guilty of the offence under Section 302 IPC and sentenced to undergo imprisonment for life and to a fine of rupees five hundred. However, the appellant has been acquitted of the charge of offence punishable under Section 201 IPC. 2. In the present case, the criminal justice system was set into motion pursuant to the First Information Report (Ex. Ka-1) lodged by Chandan Arya on 9.2.2009. It was stated in the FIR that the dead body of Km. Janki, daughter of Narayan Singh (accused), was lying in the bathroom. Accordingly, Crime No. 1/2009 was registered against unknown person for the offence of Section 302 IPC. Nayab Tehsildar Pan Singh Karki took charge of the investigation. He immediately went at the spot. Dead body of Km. Janki was found lying in the bathroom of the house of accused appellant. It was covered with the firewood. Inquest report (Ex. Ka-5) was prepared on the same day (9.2.2009) by the Investigation Officer (PW7). The Panches collectively opined that the deceased died as a result of excessive injuries suffered in her head. Autopsy was recommended by the Panches. 3. Post-mortem examination was conducted by PW6 Dr. DS Neai on 10.2.2009 at 10.30 AM in Civil Hospital, Ranikhet. He, accordingly, prepared the report Ex. Ka-3. He found following ante mortem injuries on the person of the deceased: (1) Chopped wound on forehead, size 9.0 cm x 1.5 cm, frontal bone of skull is fractured in multiple fragments, evidence of bleeding present from wound. (2) Chopped wound of left side face, just below left ear lobule to angle of mouth left side, 8.5 cm x 1.5 cm, muscle deep, evidence of bleeding present from wound. (3) Chopped wound of neck posterior aspect left side, size 6.0 cm x 1.5 cm, muscle deep, evidence of bleeding present from wound. (4) Chopped wound on left side parietal region of scalp, size 3.0 cm x 1.0 cm, scalp deep. (5) Chopped wound on occipital region scalp, size 3.0 cm x 1.0 cm. (6) Chopped wound left leg anterior aspect, size 5.0 cm x 1.0 cm, about 5.0 cm above from ankle joint. (4) Chopped wound on left side parietal region of scalp, size 3.0 cm x 1.0 cm, scalp deep. (5) Chopped wound on occipital region scalp, size 3.0 cm x 1.0 cm. (6) Chopped wound left leg anterior aspect, size 5.0 cm x 1.0 cm, about 5.0 cm above from ankle joint. (7) Laceration on index finger of right hand. (8) Contusion on anterior wall of abdomen. As per the post-mortem report, age of the deceased was 18 years. Rigor mortis was present in both lower limbs. Blood clots were present on head. The deceased died about three days prior to the autopsy. The cause of death, as opined by the doctor, was ante mortem injuries mentioned in column no. 1-5 as a result of severe cranio-cerebral injuries. 4. On receiving the report, when the Investigation Officer (PW7) came at the spot on 9.2.2009. ‘Kudal’ (spade), ‘Lathi’ and ‘Basula’ (hatchet), used in commission of crime, were recovered on the same day, i.e. on 9.2.2009, from inside the house of accused. Recovery memo thereof are Ex. Ka-18, Ka-19 and Ka-20 respectively. Bloodstained and plain soil were collected from the spot. Blood smeared clothes of the deceased were also taken into possession vide recovery memo Ex. Ka-11. All these articles were sent for chemical analysis to the Forensic Science Laboratory, Dehradun. On completion of the investigation, chargesheet (Ex.Ka-22) was submitted against the accused for the offence punishable under Section 302/201 IPC. 5. Prosecution in all examined seven witnesses. PW1 is the informant Chandan Arya; PW2 Fakir Ram, PW3 Kundan Singh and PW4 Bhawan Singh are the witnesses of inquest; PW5 Karan @ Kalam Singh is one of the persons before whom the accused had made the extra judicial confession; PW6 is Dr. DS Neai, who conducted the autopsy, and PW7 is Nayab Tehsildar Pan Singh Karki, who has investigated the matter and submitted the chargesheet Ex. Ka-22. 6. Thereafter statement of the accused was recorded under Section 313 CrPC, wherein he has admitted that the dead body of his daughter Janki Devi was lying in the bathroom of his house. The dead body was covered with the firewood. He has also stated that he had informed on 9.2.2009 regarding the death of his daughter to the witnesses Fakir Ram, Kundan Singh and Bhawan Singh, who on receiving the information had come at his house and had seen the dead body. The dead body was covered with the firewood. He has also stated that he had informed on 9.2.2009 regarding the death of his daughter to the witnesses Fakir Ram, Kundan Singh and Bhawan Singh, who on receiving the information had come at his house and had seen the dead body. In 313 CrPC statement, the accused has further admitted that the ‘Kudal’, ‘Lathi’ and ‘Basula’ were recovered from the courtyard of his house, but the same were not recovered at his instance. However, the accused stated that he being a handicapped person, as his left hand was not working properly, could not commit the crime. Yet, when the accused was asked to lift his left hand, he lifted it up to his shoulder. He also lifted the chair up to more than the level of his knee from his right hand. Further, he has admitted in his statement under Section 313 CrPC that it is very usual for him to cut the woods in the jungle and bring the bundle of logs of wood to his home. The accused himself did not adduce any oral or documentary evidence in defence. 7. Learned Amicus Curiae very vehemently urged that the prosecution case is based on circumstantial evidence and it has failed to establish the entire chain of circumstances as the important links in the chain are missing. He further contended that the left hand of the accused was not working properly and, therefore, being a handicapped person, he was unable to commit any such murder as has been alleged by the prosecution. Per contra, the learned Counsel for the State supported the judgment of the trial court and submitted that from the evidence adduced on record, it is proved beyond doubt that it was only the accused who had done this crime. 8. We have rendered our thoughtful consideration to the rival submissions of learned Counsel. Also perused the record and the judgment under appeal. 9. It is not in dispute that Km. Janki, aged about 18 years, died a homicidal death. The Doctor, PW6, conducted autopsy and has prepared the post-mortem report (Ex. Ka-3). On the basis of his oral as well as the documentary evidence, we have no hesitation to arrive at a conclusion that the deceased died on account of homicidal violence. 10. It is not in dispute that Km. Janki, aged about 18 years, died a homicidal death. The Doctor, PW6, conducted autopsy and has prepared the post-mortem report (Ex. Ka-3). On the basis of his oral as well as the documentary evidence, we have no hesitation to arrive at a conclusion that the deceased died on account of homicidal violence. 10. The prosecution, in order to establish that the appellant committed the murder, relied upon circumstantial evidence as well as on the extra judicial confession made by the appellant, as the occurrence was not witnessed by any person. The first circumstance is the evidence that the deceased and the accused, who were daughter and father respectively, were living together in the house, wherein the dead body was found. Nobody else was residing in the said house. Wife of the accused appellant had passed away many years prior to the incident. These facts are undisputed. It is also undisputed that the dead body was lying inside the bathroom in the house of the accused. 11. The second circumstance proved by the prosecution and also admitted by the accused, is that it was the accused himself, who called the PW2 Fakir Ram, PW3 Kundan Singh and PW4 Bhawan Singh to inform them about the death of his daughter. Yet another circumstance, which points towards the guilt of the accused, is that the weapons, viz. ‘Kudal’, ‘Lathi’ and ‘Basula’, were recovered from the courtyard of the house of accused. In 313 statement, though the accused denied that these weapons were recovered at his instance, however he has admitted this much that these weapons were recovered by the police from the courtyard of his house. Recovery memos thereof (Ex. Ka-18 to Ka-20) also bear the signature of the accused. The plea taken by the accused in his defence is that being a handicapped person, he was not in a position to commit this crime. The said explanation offered by the appellant is lame on the face of it for the reason that when the accused was asked in the Court, during recording of his 313 statement, to lift his left hand, he lifted it up to his shoulder. He also lifted the chair of the Court from his right hand up to more than the level of his knee. Further, it has come in the evidence that he was discharging his day-to-day duties. He also lifted the chair of the Court from his right hand up to more than the level of his knee. Further, it has come in the evidence that he was discharging his day-to-day duties. Accused also used to bring bundle of wood logs from the forest. As such, the plea taken by the accused in his defence was nothing but a desperate attempt to somehow save himself. It is significant to note here that the accused has not expressed his doubt on anybody else, who might have committed this crime. 12. Further, the forensic analysis revealed presence of human blood on the ‘Lathi’, bloodstained soil and all the clothes of the deceased. Blood on ‘Basula’ was found disintegrated. However, no blood was found on the ‘Kudal’. 13. As regards the testimony of prosecution witnesses, we gather from the statement of PW1 (informant) that he reached at the spot on receiving the information about the occurrence. Dead body of Km. Janki was covered with the woods and was lying in the bathroom. When PW1 asked the accused as to how the dead body was lying there in such a condition, the accused pleaded his complete ignorance. PW1 has also stated that there was no possibility of robbery as the accused was a very poor man. He has proved the report Ex. Ka-1. Though this witness has been declared hostile, yet he has admitted during his cross-examination by the Prosecution Counsel that he had given correct statement to the Investigation Officer. 14. PW2 Fakir Ram has stated that when he reached at the house of the accused after receiving the information about the incident, he found the dead body of Km. Janki lying in the bathroom and it was covered with the woods. There he came to know that the dead body was placed there since the last 2-3 days. PW2 has also stated that when he asked from the accused about the incident, he said nothing about it. Accused was also not grief-stricken. This witness has testified that it was only the accused and the deceased who were living in the house. PW2 has also stated that ‘Kudal’, ‘Lathi’ and ‘Basula’ were recovered and sealed at spot in his presence as well as in the presence of other villagers. PW3 Kundan Singh has corroborated the statement of PW2. 15. This witness has testified that it was only the accused and the deceased who were living in the house. PW2 has also stated that ‘Kudal’, ‘Lathi’ and ‘Basula’ were recovered and sealed at spot in his presence as well as in the presence of other villagers. PW3 Kundan Singh has corroborated the statement of PW2. 15. From our above discussion of the evidence, it is very much established that the accused and deceased were father and daughter. Only these two people were living in the house. None else used to dwell in that house. The body of deceased was found in the house of the accused. The accused himself informed the villagers about the murder of his daughter. He offered no explanation, as envisaged under Section 106 of Evidence Act, as to how his daughter’s dead body reached his bathroom and got covered by woods. Weapons like ‘Kudal’, ‘Lathi’ and ‘Basula’ were recovered from the courtyard of his house at his instance as proved by Investigation Officer PW7. Forensic analysis proved that ‘Lathi’ and ‘Basula’ were bloodstained. ‘Lathi’ contained human blood. However, blood on ‘Basula’ was found disintegrated. Human blood was also found on all the clothes of the deceased. It is also proved from the medical evidence that the injuries found on the person of deceased could be caused by such weapons, which were recovered from the house of the accused. Yet another significant aspect is that the accused has himself admitted in his 313 statement that he has no enmity with PW2, PW3, PW4 and PW5. 16. There is yet another evidence against the accused in the form of extra judicial confession. Learned Amicus Curiae contended on behalf of the appellant that extra judicial confession is a weak type of evidence and, in the instant case, it is not worth believing as the appellant has denied the same in his statement under Section 313 CrPC. We find no substance in the contention of learned Amicus Curiae. Undoubtedly, extra judicial confession is a weak piece of evidence and retraction from the extra judicial confession is also a usual phenomenon in criminal cases. However, this by itself would not weaken the case of the prosecution. Evaluation of evidence pertaining to extra judicial confession is required to be made on the touchstone whether it is true and voluntary. Undoubtedly, extra judicial confession is a weak piece of evidence and retraction from the extra judicial confession is also a usual phenomenon in criminal cases. However, this by itself would not weaken the case of the prosecution. Evaluation of evidence pertaining to extra judicial confession is required to be made on the touchstone whether it is true and voluntary. Further, despite inherent weakness of extra judicial confession as an item of evidence, it cannot be ignored when shown that such confession was made before a person who had no reason to state falsely and it was made in the circumstances which tend to support the statement. 17. In our definite view, the extra judicial confession in the present case is worth believing as the same has been made voluntarily and this evidence is further corroborated by the circumstantial evidence including that of medical evidence. It has come in the evidence that PW4 Bhawan Singh had also gone at the spot on 9.2.2009. He has stated that the accused, at his own, had confessed his guilt in presence of all by stating that he himself had killed his daughter (deceased). PW5 Karan alias Kalam Singh has fully corroborated the statement of PW4. Both PW4 and PW5 have not been cross-examined by the Defence Counsel despite having an opportunity. As such, their testimony remains unrebutted. Here, it can significantly be noted that the accused has admitted in his statement under Section 313 CrPC that there was no enmity between him and the PW4 & PW5. Thus, we find that in the case in hand, the extra judicial confession is true, voluntary and free from suspicion and suggestion of any falsity. 18. As such, we are of the considered opinion that all the links of the chain of circumstantial evidence are complete, conclusive and these are such as to lead to an irresistible conclusion that it was the accused appellant who had done this act. 19. For the reasons recorded above, we find absolutely no ground to interfere with the impugned judgment and order. This appeal has no merit. It deserve to be dismissed. Here, we also take note of the conduct of the appellant that he fled from the custody of police in the morning of 11.2.2009. 20. 19. For the reasons recorded above, we find absolutely no ground to interfere with the impugned judgment and order. This appeal has no merit. It deserve to be dismissed. Here, we also take note of the conduct of the appellant that he fled from the custody of police in the morning of 11.2.2009. 20. In the result, we dismiss the appeal and uphold the conviction and sentence of the accused as awarded by the Trial Court vide impugned judgment and order dated 9.7.2010. Appellant is already in jail. He is to serve out the sentence awarded by the Trial Court. Let the appellant be informed in jail about the result of his appeal. A copy of this judgment and order be sent to the court below to ensure its compliance. LCR be sent back.