Research › Search › Judgment

Himachal Pradesh High Court · body

2014 DIGILAW 1177 (HP)

Vikramjeet alias Vikky v. State of H. P.

2014-09-02

RAJIV SHARMA, SURESHWAR THAKUR

body2014
Judgment Sureshwar Thakur, J. The instant appeal, is, directed by the appellant/accused, against the impugned judgment, rendered, on, 14.6.2010, by the learned Additional Sessions Judge, Fast Track Court, Chamba, District Chamba, H.P in Sessions trial No. 46 of 2008, whereby, the learned trial Court convicted and sentenced the accused/appellant, to, undergo imprisonment for life, and, to pay a fine in a sum of Rupees 20,000/- and, in default of payment of fine, to, undergo rigorous imprisonment for a period of six months, for, the commission of offence punishable under Section 302 of the Indian Penal Code. 2. FIR Ex.PW20/A, lodged qua the occurrence with police station Bharmour, District Chamba, H.P. records in brief the facts relating to the alleged incident. The facts apposite to decide the appeal are of the accused being married to one Rekha Devi. Out of the said wedlock two children, one son and one daughter were born to them. Initially relations between the deceased and the accused remained cordial for about 2-3 years but thereafter the accused under the influence of the liquor belaboured Rekha Devi. In the year 2007, the accused administered merciless beatings to the deceased Rekha Devi and turned her out from the matrimonial house compelling her to take shelter in her parental house. No complaint of said beatings was made to any authority and she was sent back by her father to her matrimonial house along with Darshna. On 9.6.2008, Dharmo, the father of the deceased was informed by his son Santosh that a telephonic message has been received from Chhatradi that the deceased is lying in an unconscious condition. On receiving such information he rushed to village Chhatradi along with his daughter Darshna, son Santosh and cousin Ambiya to the matrimonial house of the deceased where the deceased was found lying on the bed on the first floor of the house. The father of the deceased noticed injuries on the head, face, lip and other parts of the body of the deceased and blood was oozing from the back side of her head. On being questioned by Dharmo, the accused threatened him to remain silent otherwise he would also meet the same fate. Rakshit Kumar alias Thapi son of the deceased disclosed to Dharmo, the father of the deceased that the accused administered beatings to the deceased Rekha by means of a stick, therefore, she has slept. On being questioned by Dharmo, the accused threatened him to remain silent otherwise he would also meet the same fate. Rakshit Kumar alias Thapi son of the deceased disclosed to Dharmo, the father of the deceased that the accused administered beatings to the deceased Rekha by means of a stick, therefore, she has slept. On this, police was telephonically informed qua the incident and on receiving the said information, the police came to the spot and recorded the statement of complainant Dharmo, the father of the deceased under Section 154 of the Cr.P.C., on the basis of which FIR was registered in the Police Station Bharmour. The police started the investigation into the case and during the course of the investigation, the police recorded the statements of the witnesses, took into possession bed sheet, quilt cover, blood stained clothes of the accused under recovery memos in presence of the witnesses. The police got conducted the post mortem of the body of the deceased and obtained post mortem report to this effect. 3. On conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared, and, presented in the Court. 4. The accused was charged, for, his having committed an offence punishable under Section 302 IPC, by the learned trial Court, to, which he pleaded not guilty and claimed trial. 5. In order to prove its case, the prosecution examined 24 witnesses. On closure of prosecution evidence, the statement of accused, under Section 313 of the Code of Criminal Procedure, was recorded, in, which he pleaded innocence and claimed false implication. No defence evidence was adduced by the accused. 6. On appraisal of the evidence, on, record, the learned trial Court, returned findings of conviction against the accused. 7. The accused/appellant, is, aggrieved by the judgment of conviction, recorded by the learned trial Court. The learned counsel for the appellant, has concertedly, and, vigorously contended, that, the findings of conviction, recorded by the learned trial Court, are, not based, on, a proper appreciation of evidence, on, record, rather, they are sequelled by gross misappreciation of the material on record. Hence, he, contends that the findings of conviction, be, reversed by this Court, in, the exercise of its appellate jurisdiction, and, be replaced by findings of acquittal. 8. Hence, he, contends that the findings of conviction, be, reversed by this Court, in, the exercise of its appellate jurisdiction, and, be replaced by findings of acquittal. 8. On the other hand, the Additional Advocate General, has, with considerable force and vigour, contended that the findings of conviction, recorded by the Court below, are, based on a mature and balanced appreciation of evidence on record, and, do not necessitate interference, rather merit vindication. 9. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record. 10. The first witness, who stepped into the witness box, in, proof of the prosecution case, is, PW-1, Shri Dharmo, father of the deceased. He in his examination-in-chief deposed that his daughter was married to the accused about 5-6 years back. He further deposes that out of the said wedlock, two children, one son and one daughter were begotten. The elder son is deposed to be aged about 5-6 years and the daughter is deposed to be aged about 3 years. The relations between the accused and the deceased have been deposed to be remained cordial for about 2-3 years. Thereafter the accused has been deposed by this witness to have started treating his daughter with cruelty by giving beatings to her under the influence of liquor. Lastly, he deposes that the accused gave beatings to his deceased daughter and turned her out of the house which led his daughter to come his house and stay with them for about 6-7 days and thereafter he sent her back to her matrimonial home alongwith his elder daughter namely Darshno. He continues to depose that on 9.5.2008 at about 2.45 p.m., while he was in the jungle alongwith his cattle, his son Santosh informed him that a telephonic call had been received from Chatrade that his daughter Rekha is lying in an unconscious condition in her matrimonial home. He returned back to his home and hired a vehicle and then he along with Darshno his elder daughter, Santosh, his son and his cousin brother Ambia went to the matrimonial house of his daughter. He further deposes that he noticed that his daughter was lying on the bed on the first floor of the house and there were injury marks on her head, chin, lip and other places. He further deposes that he noticed that his daughter was lying on the bed on the first floor of the house and there were injury marks on her head, chin, lip and other places. He continues to depose that he asked the accused as to what had happened to his daughter, to which the accused replied that he should remain quite otherwise, he would also face the same situation. Injury marks were on the left side of his daughter. He deposes that his daughter’s son apprised him that the accused had given beatings to Rekha by means of a stick, as a result of which, she was sleeping since then and could not provide tea to him. He sent his son Santosh to the Police Station to lodge report and thereafter the police arrived on the spot. He further deposes that the police made enquiries from the accused and recorded his statement comprised in Ex. PW-1/A, which bear his signatures in red circle A. Blood stained bed sheet and quilt cover were taken into possession by the police. Forms 1-A and 1-B were filled in on the spot which bear his signatures in red circle B. He also deposes that Danda was also taken into possession. Further more he deposes that the dead body of his deceased daughter was taken into possession and sent to Hospital, Chamba for post mortem. Spot was inspected by the police. After the body was subjected to post mortem, he deposes that it was handed over to him for cremation. In his cross-examination he deposes that the incident qua the beatings delivered by the accused to his deceased daughter was not reported by him to the Panchayat. However, he deposes that he had told Nand and Chatro, uncles of the accused about the beatings given to his deceased daughter and on his having intimated the aforesaid, the accused did not give beatings to his daughter. However he continues to depose that his daughter was belaboured by the accused in the year preceding to the incident. He concedes to in his deposition comprised in his examination-in-chief of his having not stated to the police that the accused had started giving beatings to his deceased daughter after consuming liquor about 2-3 years of the solemnization of the marriage of his deceased daughter with the accused. 11. He concedes to in his deposition comprised in his examination-in-chief of his having not stated to the police that the accused had started giving beatings to his deceased daughter after consuming liquor about 2-3 years of the solemnization of the marriage of his deceased daughter with the accused. 11. PW-2 Darshna, the elder sister of the deceased has corroborated the testimony of PW-1. In her cross-examination by the learned defence counsel she deposes that about 2-2 ½ years prior to the incident her deceased sister had apprised her about the beatings having been given to her by the accused. However, she deposes that she never confronted the accused with the said narration. She concedes to the fact that she had not noticed any mark of injury on the person of the deceased Rekha when she apprised her of the beatings having been delivered on her person by the accused. 12. PW-3 Tara Chand, PW-4 Smt. Rano Devi, PW-5, Rajesh Kumar and PW-6 Om Parkash have not supported the prosecution case and were declared hostile. However the learned PP was permitted by the learned trial Court to cross-examine these witnesses and during the course of their cross-examination by the learned PP no incriminating material against the accused could be elicited from their cross-examinations. 13. PW-7 Ambia has proved the recoveries of blood stained bed sheet Ex. P-2, quilt cover Ex. P-3 under memo Ex. PW-7/A and blood stained clothes of the accused i.e. shirt, pant and jacket under memo Ex. PW-7/B. Memos comprised in Exhibits PW-7/A and PW-7/B have been deposed to bearing his signatures. In his cross-examination, he denied the suggestion put to him that neither the bed sheet nor the quilt cover were taken into possession by the police and has also denied the suggestion that the clothes of the accused were not taken into possession by the police. 14. PW-8 Manjeet has not supported the prosecution case and was declared hostile. Hence, the learned PP was permitted by the learned trial Court to cross-examine this witness. During the course of his cross-examination by the learned PP he has admitted his signatures on recovery memos Ex. PW-7/A, Ex. PW-7/B and Ex. PW-10/A (mark X-4). 15. PW-9 Charan Singh, in his examination-in-chief has not supported the prosecution case and was declared hostile. Hence, the learned PP was permitted by the learned trial Court to cross-examine this witness. During the course of his cross-examination by the learned PP he has admitted his signatures on recovery memos Ex. PW-7/A, Ex. PW-7/B and Ex. PW-10/A (mark X-4). 15. PW-9 Charan Singh, in his examination-in-chief has not supported the prosecution case and was declared hostile. However the learned PP was permitted by the learned trial Court to cross-examine this witness and during the course of her cross-examination by the learned PP he deposes that his statement was recorded by the police. He further deposes that the accused while in custody disclosed to the police that he had concealed a danda in the ceiling of his house and he could get it recovered. He has admitted his signature on Ex.PW9/A, the disclosure statement made by the accused. He has also deposed that accused had signed Ex.PW9/A in his presence. He continue to depose that Subhash was also present at that time and he has also appended his signature on Ex.PW9/A. 16. PW-10 Piar Singh deposes that on 12.6.2008 at about 2.30 P. M., Ambia and Chet had asked him to accompany them to Chatradi in connection with murder of his niece Rekha. He deposes that when they were at bus stand Chhatradi, police officials came there along with the accused and the accused took the police party to the top floor of his house and got recovered a danda from the ceiling of his house and handed over the danda to the police. The danda, Ex.P-1 has been deposed by this witness to have been taken into possession vide memo Ex.PW10/A. Memo Ex.PW10/A has been deposed by this witness to be bearing his signature as also the signatures of Manjeet. 17. PW-11 Dr. Ram Kamal has deposed that on 10.6.2008, he conducted the post mortem examination of the dead body of Rekha Devi and recorded the following observations:- “1. External Appearance Female about 27 years old, wearing red printed suit i.e. Kameez and Salwar, Dupatta, while printed braw, red artificial necklace, bangle left hand, nose pin, eyes closes, face congested, bleeding from nostrils, dried blood also present on the face. No prtotusion on tongue. Contused lacerated wound over left parieto occipital region. Bone of the left side . Fracture of Parieto occipital bone on left side. Fracture of temporal bone also on left side. No prtotusion on tongue. Contused lacerated wound over left parieto occipital region. Bone of the left side . Fracture of Parieto occipital bone on left side. Fracture of temporal bone also on left side. Contusion on back, right side with bluish discolouration. Abdomen distended due to gases present in it. There was no ligature mark. Reigor mortis present in lower limb, rigor mortis setting off in upper limbs also. Post mortem lividity absent. 2. Cranium and spinal cord. Fracture Parito, temporal bone on left side. Fracture occipital bone on left side, dried blood present. 3. Thorax. There were bruises on back on the right side. 4. Abdomen. Blood from the nostrils, dried blood present. Other parts were normal. 5. No fracture of the bones except fracture of the skull seen. Hamatoma present in the cranium, with paroenchymal contusion. Messive blood clots present over the extradural space. Paremchyma of brain contused.” He deposes that in the postmortem examination he was assisted by Dr. Vikram Lakhan Pal. He continues to depose that in their opinion, deceased died owing to fracture skull left temporal parital region leading to intra cranial Haemtoma and death. He deposes that they issued postmortem report Ex.PW11/B, which bears his signature as well as signature of Dr. Lakhan Pal. He further deposes that the injury found on the person of the deceased was possible with danda. 18. PW-12 H.C. Alladitta deposes that he along with H.C. Surinder took the dead body to the hospital where the post mortem of the dead body was conducted on 10.6.2008. On 11.6.2008, the Medical Officers handed over to him one parcel containing viscera, one envelope, postmortem report along with sample seal and he handed over the same to the SHO. 19. PW-13 Daulat Ram, the Surveyor deposes that on the direction of SDO he visited village Chhatradi and prepared the site plan Ex.PW13/A. Site Plan Ex.PW13/A has been deposed by this witness to be bearing his signatures. 20. PW-14 ASI Karan Singh deposes that on the direction of the SHO, he accompanied him in the vehicle and went to Chhatradi. He further deposes that at bus stand Chhtradi, Pradhan Vikram, Ambiya Ram and Payar Singh met them and they were associated in the investigation. Accused took the police party to his house and got recovered a danda which he had kept/concealed in the roof of the house. He further deposes that at bus stand Chhtradi, Pradhan Vikram, Ambiya Ram and Payar Singh met them and they were associated in the investigation. Accused took the police party to his house and got recovered a danda which he had kept/concealed in the roof of the house. Ex.PW14/A, sketch of the danda was prepared. The danda Ex.P-1 has been deposed to have been taken into possession by this witness vide memo Ex.PW10/A in presence of witnesses Manjeet and Pyar Singh. In cross-examination he has denied the suggestion that neither Manjeet nor Pyar Singh met the police party. He has also denied the suggestion that accused did not get the danda Ex.P-1, recovered. 21. PW-15 ASI Sushil Kumar deposes that he took the photographs of the dead body as also of the spot from his personal camera. The photographs have been deposed to be Ex.PW15/A to Ex.PW15/E and their negatives have been deposed to be Ex.PW15/F and Ex.PW15/J and Ex.PW15/K. 22. PW-16 Puran Chand and PW-17 Chandresh Kumari have not supported the prosecution case and were declared hostile. However the learned PP was permitted by the learned trial Court to cross-examine there witness and during the course of their cross-examination by the learned PP no incriminating material against the accused could be elicited. 23. PW-18 Dr. Jalam Singh deposes that on an application Ex.PW18/A moved by the police, he conducted the medical examination of the accused on 10.6.2008 and issued MLC Ex.PW18/B. He deposes that the accused was found physically fit. 24. PW-19 C. Mohinder Singh deposes that on 15.6.2008 he took one parcel containing clothes sealed with seal KC having six seals over it, one danda, one parcel containing viscera of the deceased to FSL Junga vide RC No.29/2008 and he deposited the same in the laboratory on 16.6.2008. He further deposes that he returned the R.C. to the MHC. 25. PW-20 H.C. Ramesh Singh has deposed about receipt of rukka Ex.PW7/A, making of endorsement Ex.PW20/B on the rukka and receipt of case property in the police station and also qua sending the same to FSL Junga through C. Mohinder Singh. He has also proved on record report No. 15, Ex.PW20/C. 26. 25. PW-20 H.C. Ramesh Singh has deposed about receipt of rukka Ex.PW7/A, making of endorsement Ex.PW20/B on the rukka and receipt of case property in the police station and also qua sending the same to FSL Junga through C. Mohinder Singh. He has also proved on record report No. 15, Ex.PW20/C. 26. PW-21 Shri Jaram Singh, HHC No.580 deposes that on 9.6.2008 he was accompanying the SHO Kishan Chand to the spot where they noticed that dead body of Rekha was lying in a room on the first floor of the house of the accused. He further deposes that the SHO examined the spot and recorded statement of Karam Chand son of Ganpat and prepared rukka Ex.PW7/A and it was handed over to him for being taken to P.S. Bharmour. He deposes that he took the same to the police station, on the basis of which FIR was registered. 27. PW-22 Mohammad Khan proved report No.9 dated 9.6.2008, Ex.PW22/A on record. 28. PW-23 Rakshit Kumar, has not supported the prosecution case and was declared hostile. However the learned PP was permitted by the learned trial Court to cross-examine this and during the course of his cross-examination by the learned PP nothing incriminating material could be elicited from his cross-examination. 29. PW-24 Kishan Chand Bhatiya deposes that he along with other police officials proceeded to the spot on receiving the information regarding murder having been committed by the accused of his wife. He further deposes that on reaching on the spot several persons were found gathered there and the accused was also present there. The dead body was covered with guilt. He examined the dead body of the deceased in presence of elder sister of the deceased. He continues to depose that he noticed fresh injury marks on the lips, temple left side and on the back of the deceased. He further deposes that a wound was also noticed on the back side of the head of the deceased by him. Blood has been deposed by this witness to be oozing out from the wound and which spread on the bed sheet and on the guilt. He deposes that he recorded the statement Ex.PW7/A of the father of the deceased, which was sent by him to the police station for the registration of the FIR. He also deposes that photographs of the spot and the dead body were clicked. He deposes that he recorded the statement Ex.PW7/A of the father of the deceased, which was sent by him to the police station for the registration of the FIR. He also deposes that photographs of the spot and the dead body were clicked. He continue to depose that the dead body was taken into possession and went to the hospital for post mortem through H.C. Surinder Singh. Blood stained bed sheet and cover of the guilt were taken into possession vide memo Ex.PW3/A in presence of witnesses Ambia and Manjeet Singh. He further deposes that on 12.6.2008 the accused made the disclosure statement and in pursuance to the disclosure statement the accused got recovered the danda from the spot in presence of witnesses. He further deposes that after the completion of the investigation he prepared the challan in this case and presented the same in Court. In his cross-examination, he has denied the suggestion that if any danda is kept/concealed in the rafter that can be noticed by anybody entering inside the Court room and that accused has not made any disclosure statement in presence of Subhash and Charan Singh. He has admitted that the suggestion that H.C. Surinder told me on telephone that Santosh Kumar suspected that Rekha was murdered by her husband. He has denied the suggestion that accused has falsely been implicated in this case at the instance of Dharmo and Ambia. He has denied the suggestion that the accused was not present in his house on the night of incident as he was working with Bablu on that day. 30. The son of both the deceased and accused, named Rakshit, the solitary purported eye witness to the occurrence, stepped into the witness box as PW-23 has omitted to lend support to the prosecution case. Hence, he was declared hostile. Consequently, on his being declared hostile by the learned trial Court, on the request of learned PP, he came to be crossexamined by the learned PP. However even during the course of his cross-examination by the learned PP, he has not divulged or disclosed anything qua the incident so as to bring home or secure a conclusion that with his having ocularly seen the accused delivering beatings on head of the deceased with danda Ex. P-1, as such, his rendering an unblemished account qua the occurrence, the guilt of the accused stands established beyond reasonable doubt. P-1, as such, his rendering an unblemished account qua the occurrence, the guilt of the accused stands established beyond reasonable doubt. Hence, for lack of an ocular version qua the incident having been spelt out by him or the eye witness having not supported the prosecution case, the prosecution has, as such, proceeded to depend/rely upon certain circumstances which purportedly connect the accused in the commission of offence of murder of the deceased. 31. Obviously when in the event of the eye witness to the occurrence having not been supported the prosecution case, the prosecution when proceeds to anvil its case upon certain circumstances, it is incumbent upon the prosecution to prove each of the links in the chain of circumstances. It is apparent on a reading of the testimony of PW-1 that when he arrived at the matrimonial home of his deceased daughter, he had seen her body lying on the bed with marks of injury on her head, chin and other places. He also deposes qua his having noticed blood stains on the bed sheet and quilt cover, which were taken into possession by the police The learned defence counsel has abstained from impeaching the credit of this witness qua his deposition in his examination-in-chief of his on observing the dead body of his deceased daughter, when he visited her matrimonial home, his having noticed injury marks on the person of deceased, consequently it has to be concluded that the body of the deceased at that stage bore injury marks on the head, chin and other places. The above conclusion receives corroboration from the testimony of PW-2. Both have identified bed sheet, Ex. P-2 and Quilt cover, Ex. P-3 to be the same as were taken into possession by the police. The recovery witness to the bed sheet and quilt cover taken into possession under memo Ex. PW-7/A, is one Ambia who as PW-7 has lent firm and absolute corroboration to the prosecution case of both items aforesaid having been come to be recovered at the instance of the accused. The deposition of this witness, hence, renders open no conclusion other than the one that the prosecution has been able to, by lending convincing evidence in the form of credible deposition of PW-7, the witness to the memo Ex. The deposition of this witness, hence, renders open no conclusion other than the one that the prosecution has been able to, by lending convincing evidence in the form of credible deposition of PW-7, the witness to the memo Ex. PW-7/A, under which quilt cover and bed sheet were recovered connect the accused in the commission of the offence of murder of deceased Rekha. However, even though PW-8 has turned hostile, hence not supported the factum of recovery of Bed sheet and quilt cover under memo Ex. PW-7/A, nonetheless when he concedes to the factum of his signatures existing on memo Ex. PW-7/A and when no evidence has been adduced that his signatures were procured without his volition rather were procured under duress and compulsion. Consequently then the factum of his owning the signatures on Ex. PW-7/A ipso facto squares an inference that he concedes and acquiesces to the factum of truth of recitals recorded in Ex. PW-7/A, as such, rendering inconsequential his having reneged from his previous statement recorded in writing by the police. The fact that inquest reports Ex. PW-24/A and PW-24/B and report of chemical examiner Ex. PY wholly divulge the fact of both quilt cover and bed sheet containing blood stains spur a conclusion that hence, the stains on both items aforesaid were gained by no reason other than by, the blood as had oozed out from the injury sustained by the deceased on her head, having spilled on both the bed sheet and quilt cover. Further when oozing of blood from the injuries sustained by the deceased is attributable to the user of danda Ex. P-1 as proved by the Doctor (PW-11). Besides given the fact that given the depositions of witnesses to the recovery of danda Ex. P-1, namely PW-8 Manjeet and PW-10 Piar Singh, whose depositions squarely clothe the recovery of danda Ex. P-1, under memo Ex. PW-10/A with legally efficacy and tenability, as such render open a conclusion that such injuries were sequelled by the user of danda by the accused. 32. The further link in the chain of circumstances connecting the accused in the commission of the offence of murder of deceased by the accused are the blood stained clothes of the accused which were taken into possession by the police under memo Ex. PW-7/B in the presence of Ambia and Manjeet. 32. The further link in the chain of circumstances connecting the accused in the commission of the offence of murder of deceased by the accused are the blood stained clothes of the accused which were taken into possession by the police under memo Ex. PW-7/B in the presence of Ambia and Manjeet. The blood stained clothes of the accused as were taken into possession were one pant, shirt and jacket worn by the accused at the time of commission of offence, bear Ex. P-5, P-6 and P-7, respectively. PW-7 has identified in Court Ex. P-5, P-6 and P-7 to be the same as were taken into possession by the police under memo Ex. PW-7/B. His deposition is square and categorical qua the recovery of aforesaid items under memo Ex. PW-7/B. In sequel his testimony gives succor to the conclusion that hence the recovery of Ex. P-5, P-6 and P-7 was made in a legally efficacious manner with the concomitant sequel of the items aforesaid constituting a proven link in the chain of circumstance for connecting the accused in the commission of the offence of murder of the deceased. However, even though PW-8 has turned hostile, hence not supported the factum of recovery of Shirt Ex. P- 5, Pant Ex. P-6 and Jacket Ex. P-7 under memo Ex. PW-7/B, nonetheless when he concedes to the factum of his signatures existing on memo Ex. PW-7/B and when no evidence has been adduced that his signatures were procured without his volition rather were procured under duress and compulsion. Consequently then the factum of his owning the signatures on Ex. PW-7/B ipso facto sequels the inference of his conceding and acquiescing to the factum of recitals recorded in Ex. PW-7/B, as such, being truthful rendering inconsequential his having reneged from his previous statement recorded in writing by the police. Further more, the fact that the blood stained bed sheet and quilt cover as well as blood stained clothes of accused Ex. P- 5, P-6 and P-7 which were taken into possession under memos Ex. PW-7/A and Ex. PW-7/B, have been divulged by Ex. PY, the report of the chemical examiner to be bearing similar and common blood group AB, which is the blood group of the deceased. P- 5, P-6 and P-7 which were taken into possession under memos Ex. PW-7/A and Ex. PW-7/B, have been divulged by Ex. PY, the report of the chemical examiner to be bearing similar and common blood group AB, which is the blood group of the deceased. The effect of above discussion is that it conveys the fact of the quilt cover , bed sheet as well as clothes of the accused which have not been disputed by the accused to be not his clothes, to be all bearing a similar blood group. Obviously then a firm conclusion which ensues is that clothes of the accused Ex. P- 5, P-6 and P-7 taken into possession under memo Ex. PW-7/B would have come to be stained with the blood of the deceased only when the blood of the deceased as was oozing out from her wound had spilled over his clothes. If it be so, then such staining of the clothes of the accused with the blood oozing from the injuries of the deceased arising from its spilling on his clothes, was possible only when the accused was in the vicinity or was present near the deceased or in other words if and when he has omitted to offer any explanation for his presence in the vicinity of the deceased besides when recovery of danda Ex. P-1 proven by Doctor to be the weapon with which injuries which led to her demise being possible, has been proved to have been made in the legally efficacious manner so as to connect the accused in the commission of offence of the murder of the deceased, as a corollary stems the conclusion that the prosecution has been able to beyond reasonable doubt drive home the guilt of the accused. The disclosure statement of accused preceding the recovery of Danda under memo Ex. PW-10/A is comprised in Ex. PW-9/A. PW-9 Charan Singh has not supported the prosecution case qua the making of disclosure statement by the accused preceding the recovery of danda as comprised in Ex. PW-9/A. However his having turned hostile is rendered inconsequential in the face of his having admitted his signatures on Ex. PW-9/A. With the lack of evidence portraying that his signatures on Ex. PW-9/A were obtained under duress or compulsion, consequently with the lack of adduction of aforesaid evidence rather portrays that hence he had volitionally appended his signatures on Ex. PW-9/A. However his having turned hostile is rendered inconsequential in the face of his having admitted his signatures on Ex. PW-9/A. With the lack of evidence portraying that his signatures on Ex. PW-9/A were obtained under duress or compulsion, consequently with the lack of adduction of aforesaid evidence rather portrays that hence he had volitionally appended his signatures on Ex. PW-9/A. The aforesaid inference constrains this Court to draw a conclusion that he hence concedes to the truth of the recitals recorded in Ex. PW-9/A or theirs being legally efficacious. Further more when PW-10 the witness to the recovery memo Ex. PW-10/A under which danda was recovered has with aplomb supported the prosecution case qua danda Ex. P-1 having been recovered in a legally efficacious manner in as much as it having been recovered at the instance of accused from the place of its keeping, hiding or concealment. As a corollary then when no infirmity is pervading his testimony, the deduction which ensues is that hence Danda Ex. P-1 recovered under memo Ex. PW-10/A stands proved to be recovered in the legally efficacious manner, as such it constitutes proof of a vital link in the chain of circumstances so as to connect the accused in the commission of offence of murder of the deceased Rekha. 33. Even post mortem report comprised in Ex. PW-11/B unequivocally records the factum of demise of the deceased being attributable to intra cranial haemotoma leading to death, caused with object like danda Ex. P-1. The deposition of PW-11 squarely and unequivocally communicates the fact of injuries having been noticed by him in the post mortem report Ex. PW- 11/B being possible with the user of danda Ex. P-1. With the defence omitting to adduce any evidence portraying that the demise of deceased was attributable to a reason other than the user of danda Ex. P-1 by the accused, spurs a conclusion that hence especially when its recovery has been proven by the deposition of PW-10, it was the weapon which was used by the accused in causing injuries on the person of deceased which sequelled her demise. Ultimately no conclusion other than of the demise of the deceased being homicidal is possible. 34. Even when this Court forms a conclusion that the accused had used Danda for causing injuries on the person of deceased which ultimately sequelled her demise. Ultimately no conclusion other than of the demise of the deceased being homicidal is possible. 34. Even when this Court forms a conclusion that the accused had used Danda for causing injuries on the person of deceased which ultimately sequelled her demise. However the factum of the veracity or otherwise of the prosecution version of the deceased being ill-treated or belaboured by the accused prior to the incident, hence constituting evidence of pre- crime animosity prevailing in the mind of the accused or its being reared by the accused, which pre-crime animosity as etched in his mind constituted and culminated in the immediate striking of danda blow by him on the head of the deceased hence sequelling her demise, is to be tested. In testing the projection by the prosecution that hence the crime perpetrated by the accused being premeditated, it is obviously imperative for this Court to discern with utmost care and caution the veracity of depositions of PW-1 and PW-2, wherein they have voiced the factum of the accused taken to belabouring his wife whereupon the prosecution nurses the contention that he bore enmity and animosity towards the deceased. A careful discernment of the testimonies of PW-1 and PW-2, wherein both have inter-se corroborated the fact of the deceased having divulged to each of them the factum of the accused having belaboured her about 2-3 years back, yet when none in their respective cross-examination have deposed that they did not either report the matter to the Panchayat or to the police. Besides with PW-2 in her examination-in-chief having deposed that when the deceased disclosed to her the incident of belabouring having been perpetrated on her person by the accused, she did not notice any mark of injury on her person straightway facilitates the conclusion that her deposition in her examination in chief, of the deceased having narrated to her the fact of the accused perpetrating belabourings, is prevaricated as well as untruthful. Also omission on the part of PW-1 to report the incident of the purported belabourings perpetrated on his deceased daughter by the accused as narrated to him by the former makes it lose aura of truthfulness especially in the face of his having deposed that he had rather apprised the uncles of the accused of the said fact. Also omission on the part of PW-1 to report the incident of the purported belabourings perpetrated on his deceased daughter by the accused as narrated to him by the former makes it lose aura of truthfulness especially in the face of his having deposed that he had rather apprised the uncles of the accused of the said fact. However, when the aforesaid uncles of the accused have been omitted to be examined by the prosecution, its sequelling effect is that the deposition in examination in chief of PW-1 of the accused taken to belabor his deceased wife is rendered incredible. In consequence with the depositions of PW-1 and PW-2 having gathered an aura of prevarication , for the reasons aforesaid, the effect thereof is that the prosecution case, of the accused bearing animosity towards his deceased wife, hence was on the fateful day his being driven to premeditatedly murder her looses its sheen it rather fades. With the aforesaid circumstance of the accused belaboring his deceased wife as also ill-treating her being rendered untruthful, the consequent effect is that a vital link in the chain of circumstances gets severed which tellingly impeaches upon the genesis of the prosecution version of the murder of the deceased by the accused being premeditated or intentional. In aftermath, hence, a shadow of doubt is enveloped around the genesis of the prosecution version, in as much, as the incident cannot be said to be generated by any premeditation rather hence the conclusion of the incident being generated by sudden and grave provocation surges forth. In case such an inference is drawable and is deducible by this court then the offence constituted by the act of the accused cannot be said to be intentional so as to call for the accused being convicted and sentenced under Section 302 IPC, rather for the reasons aforesaid this Court is constrained to hold the accused to be liable to be convicted and sentenced under Section 304(I), IPC. Consequently, the appeal preferred by the appellant is partly allowed and the accused is convicted for his having committed an offence punishable under Section 304(I) of the IPC. Accordingly, the impugned judgment is modified to the extent, indicated above. 35. The Convict be produced before this Court on 18.9.2014 for hearing him on quantum of sentence.