Judgment V.K. Tahilramani, J. 1. The appellant/original accused No. 1 has preferred this appeal against the judgment and order dated 13th January, 2009 passed by the learned Sessions Judge, Greater Bombay in Sessions Case No. 133 of 2008. By the said judgment and order the learned Sessions Judge convicted the appellant under Sections 302, 397 read with Section 394 and 452 of I.P.C. For the offence punishable under Section 302 of I.P.C., the appellant was sentenced to suffer imprisonment for life and fine of Rs. 10,000/- in default RI for six months. For the offence punishable under Section 397read with Section 394 of I.P.C., the appellant was sentenced to suffer RI for seven years. For the offence punishable under Section 452 of I.P.C., the appellant was sentenced to suffer RI for three years and fine of Rs. 10,000/-, in default RI for six months. The learned Sessions Judge directed that all the substantive sentences shall run concurrently. The prosecution case briefly stated is as under: [i] Deceased Bharti was the wife of PW-Narendra. Bharti was about 68 years old at the time of incident. Bharti was residing with her husband Narendra at Bharti Niketan, 2nd floor, Kamla Nehru Cross Road, Kandivali (West), Mumbai. They had two sons. The younger son was in Nigeria and the elder son Prashant was residing separately at Kandivali along with his wife Nalini. Narendra retired about 11 years prior to the incident. At the time of the incident he was doing consultancy in Sales Tax, hence he used to leave the house at about 8:00 a.m. everyday and used to return home at about 6:00-6:30 p.m. [ii] The incident occurred on 31.7.2007. In the morning Narendra and his wife Bharti went to the Pathologist for examination of blood of Bharti as she was suffering from diabetes. They returned home at about 8:30 to 8:45 a.m. Thereafter, Narendra left for his work at 9:00 a.m. At about 2:15 to 2:30 p.m. Narendra called his wife Bharti on telephone, however, nobody answered the telephone call and the telephone was ringing. Since Bharti used to take rest everyday at about 2:30 p.m., Narendra thought that she might be resting and he did not think it fit to disturb her by calling again. [iii] PW-9 Maruti was the watchman of Bharti Niketan Building. Since Bharti used to take rest everyday at about 2:30 p.m., Narendra thought that she might be resting and he did not think it fit to disturb her by calling again. [iii] PW-9 Maruti was the watchman of Bharti Niketan Building. He knew that Narendra was residing with his wife Bharti on the second floor of the building. At about 1:40 p.m., a courier person entered in the building. PW-9 Maruti asked him in whose name he has brought the letter for delivery. The courier person (PW-2 Ranjit) replied that he has brought the letter for Nalini. Maruti knew that Nalini was the daughter-in-law of Bharti. Delivery of the letter was accepted by Bharti. After the courier person left the house, Maruti noticed Bharti standing in the gallery. At about 2:00 p.m. he noticed the appellant, who is a plumber by profession, proceeding towards Bharti Niketan. Maruti knew the appellant since a long time. The appellant told Maruti that he was called by Bharti for some work. Thereafter the appellant went to Bharatibai. At about 3:30 p.m. Maruti saw the appellant leaving Bharti Niketan building. He noticed that the appellant was wearing different clothes than the ones he was wearing when he went to the house of Bharti. When the appellant went to the house of Bharti, Maruti noticed that he was wearing a half shirt with checks and ash colour pant, however when the appellant left the building he was wearing a yellowish colour shirt and blue colour pant. Maruti called out to the appellant but he did not turn and answer his call. Maruti thought that Bharti must have donated some clothes to the appellant. Maruti noticed that the appellant was holding a white colour polythene bag in his hand. [iv] As usual PW-1 Narendra returned home. He noticed that the security door was ajar and the inside door was also ajar. When he went inside, he did not notice anybody in the house. When he entered the bedroom, he saw Bharti lying near the bed in a pool of blood. The TV was on and it was being played at a loud volume. The TV was in the bed room where Bharti was lying. Narendra suspected foul play, hence he called his son PW-11 Prashant on phone. Prashant informed the police. Then Prashant and his daughter-in-law came to the house of Narendra. The TV was on and it was being played at a loud volume. The TV was in the bed room where Bharti was lying. Narendra suspected foul play, hence he called his son PW-11 Prashant on phone. Prashant informed the police. Then Prashant and his daughter-in-law came to the house of Narendra. Just prior to that the police officers had come to the spot. Narendra was asked by the police whether he found anything missing in the house. He noticed that the jewelery worn by his wife was missing. The jewelery was three gold rings, gold bracelet, manmala, watch, chain etc. The bracelet had carving of Lord Krishna on it. [v] F.I.R. was lodged by PW-1 Narendra. Thereafter investigation commenced. The appellant was arrested on 2.8.2007. After his arrest the ring sold by the appellant to PW-6 Kanayya Soni who was the proprietor of 'Anand Jewelers' came to be recovered. Said ring was recovered on 8.8.2007 under panchnama. [vi] Another ring belonging to Bharti had been sold by the appellant to PW-7 Ramsing Chouhan, who was the proprietor of 'Manoj Jewelers'. Said ring came to be recovered at the instance of the appellant under panchnama. [vii] During investigation, two rings which were given by the appellant to PW-15 Suresh Lahane came to be seized under panchnama. Weapon of assault also came to be recovered at the instance of the appellant. After completion of investigation, charge-sheet came to be filed. 2. Charge came to be framed against the appellant under Sections 452, 302, 394 read with 397 and 201 of I.P.C. Charge was also framed against the original accused No. 2 Mukesh Jain, proprietor of 'Mukesh Jewelers' under Section 411 of I.P.C. that is he received the stolen property (two rings) having reason to believe that the same was stolen property. The accused pleaded not guilty to the said charge and claimed to be tried. Their defence is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge acquitted accused No. 2 of the offence punishable under Section 411 of I.P.C. However, the learned Sessions Judge convicted and sentenced the appellant, as stated in para 1 above, hence, this appeal. 3. We have heard the learned Advocate for the appellant and the learned APP for the State. 3. We have heard the learned Advocate for the appellant and the learned APP for the State. We have carefully considered their submissions, the judgment and order passed by the learned Sessions Judge and the evidence in this case. After carefully considering the matter, for the below mentioned reasons, we are of the opinion that there is no merit in the appeal. 4. The entire case is based on the circumstantial evidence. The circumstantial evidence against the appellant is as under: i. The appellant was seen going to the house of the deceased Bharti at 2:00 p.m. and leaving the house at about 3:30 p.m.; ii. When the appellant went to the house of the deceased Bharti he was wearing a half shirt with checks and ash colour pant, however, when leaving the house of the deceased, the appellant was seen wearing yellowish shirt and blue colour pant; iii. Extra judicial confession of the appellant to PW-14 Ganesh that he has committed murder of Bharti; iv. Recovery of weapon at the instance of the appellant. As per the CA report Exhibit 67(colly), the sword was found stained with human blood; v. A ring of the deceased which was sold by the appellant to PW-6 Kanayya Soni, the proprietor of 'Anand Jewelers' came to be recovered at his instance; vi. A ring sold by the appellant to PW-7 Ramsing, the proprietor of 'Manoj Jewelers' came to be recovered at his instance; vii. The ornaments given by the appellant to PW-15 Suresh Lahane for selling the same and which same were sold by PW-15 Suresh to 'Mukesh Jewelers' came to be recovered at his instance; 5. The first circumstance against the appellant is that the appellant was seen going to the house of the deceased Bharti at 2:00 p.m. and leaving the house at about 3:30 p.m. and thereafter dead body of deceased Bharti was found in the house at about 6:00 p.m. PW-9 Maruti who was the watchman of the building in which Bharti was residing has deposed on this aspect. PW-9 Maruti has stated that he was appointed as a watchman at Bharti Niketan building. Bharti Niketan is a two storeyed building and it is owned by PW-1 Narendra. On the second floor of the building PW-1 Narendra was residing with his wife Bharti. Bharti was about 67 years of age. PW-9 Maruti has stated that he was appointed as a watchman at Bharti Niketan building. Bharti Niketan is a two storeyed building and it is owned by PW-1 Narendra. On the second floor of the building PW-1 Narendra was residing with his wife Bharti. Bharti was about 67 years of age. The duty hours of Maruti were from 8:00 a.m. to 8:00 p.m. Maruti has stated that on 31.7.2007 he was on duty. He has stated that at about 1:40 noon a courier person (PW-2 Ranjit) was seen entering in the building. He asked the courier person in whose name he had brought the letter for delivery. The courier person told him that the letter was for Nalini. Maruti knew that Nalini was the daughter-in-law of Bharti. He saw that the delivery of the letter was accepted by Bharti. After the courier person left the house, he noticed Bharti standing in the gallery. Maruti has stated that much prior to that the maid servant of Bharti had left the house. At about 2:00 p.m. he noticed the appellant, who is a plumber by profession, proceeding towards Bharti Niketan. Maruti knew the appellant since a long time. The appellant told Maruti that he was called by Bharti for some work. Thereafter the appellant went to Bharatibai. At about 3:30 p.m. Maruti saw the appellant leaving Bharti Niketan building. He noticed that the appellant was wearing different clothes than the ones he was wearing when he went to the house of Bharti. When the appellant went to the house of Bharti, Maruti noticed that he was wearing a half shirt with checks and ash colour pant, however when the appellant left the building he was wearing a yellowish colour shirt and blue colour pant. Maruti called out to the appellant but he did not turn and answer his call. Maruti thought that Bharti must have donated some clothes to the appellant. Maruti noticed that the appellant was holding a white colour polythene bag in his hand. At about 5:30 p.m. he noticed PW-1 Narendra proceeding towards his house. Within five minutes PW-1 Narendra came down and told him that somebody had murdered Bharti. Maruti then went to the house of Narendra and he noticed that Bharti was lying in a pool of blood in the bedroom. Her ornaments were not on her person. At about 5:30 p.m. he noticed PW-1 Narendra proceeding towards his house. Within five minutes PW-1 Narendra came down and told him that somebody had murdered Bharti. Maruti then went to the house of Narendra and he noticed that Bharti was lying in a pool of blood in the bedroom. Her ornaments were not on her person. PW-1 Narendra told him not to touch anything as the police had been called. Thus, the evidence of PW-9 Maruti shows that the appellant was seen going to the house of the deceased at 2:00 p.m. and was seen leaving at 3:30 p.m. 6. The next circumstance against the appellant is that when the appellant went to the house of deceased Bharti he was wearing a half shirt with checks and ash colour pant, however, when leaving the house of the deceased, the appellant was seen wearing yellowish shirt and blue colour pant. In this regard, PW-9 Maruti has stated that when the appellant went to the house of Bharti he was wearing a half shirt with checks and ash colour pant, however when the appellant left the building he was wearing a yellowish colour shirt and blue colour pant. The evidence on record shows that a pool of blood was found in the house of the deceased and clothes of deceased Bharti were stained with blood. It appears that the blood fell on the clothes of the appellant hence he changed his clothes and left the house of the deceased. 7. The third circumstance against the appellant is that he made a extra judicial confession to PW-14 Ganesh that he has committed murder of Bharti. PW-14 Ganesh has stated that he was a mason by occupation. He used to go to Kandivali railway station everyday in search of work. He had worked on construction work of garage of Bharti Niketan building. The deceased Bharti was the owner of the garage. Ganesh has stated that he knew the appellant since last one year as the appellant also used to come to Kandivali railway station in search of work like him. Ganesh has stated that 15 days prior to the incident he had met Bharti and she told him that some tiles were to be fixed in the bathroom and asked him to bring some samples. On the next day, he went to her house with samples of tiles. Ganesh has stated that 15 days prior to the incident he had met Bharti and she told him that some tiles were to be fixed in the bathroom and asked him to bring some samples. On the next day, he went to her house with samples of tiles. Tiles were accordingly approved by Bharti and he was told to fix them. For two days he worked at the place of Bharti for doing the work of fixing the tiles. At that time, the appellant also worked with him at the house of Bharti. When he met the appellant on the next day at Naka, the appellant told that Bharti was wearing a lot of gold ornaments and she used to remain alone in the house. Thereupon Ganesh told the appellant that they were giving us work and they were providing us food and he should not think in wrong way. Ganesh has stated that on 31.7.2007 in the evening at about 5:00 p.m. the appellant invited him for drinking beer. Accordingly he went with the appellant to a wine shop. The appellant purchased beer from the shop. Thereafter they went to a Chinese food stall. Ganesh asked the appellant from where he had brought money. Whereupon the appellant told him that he has committed murder of Bharti at whose place both of them had worked. Ganesh thought that the appellant was lying under the influence of liquor, therefore, he went home. Nothing has been elicited in the cross examination of this witness PW-14 Ganesh, hence, the evidence of this witness proves that extra judicial confession was made by the appellant to him that the appellant had murdered Bharti. 8. The next circumstance against the appellant is that the weapon was recovered at his instance. PW 8 Ashok is the panch witness who has stated about recovery of the weapon i.e. a sword at the instance of the appellant. Ashok has stated that on 2.8.2007 he was called to act as a panch. When he went to the police station he found that the appellant was present in the police station. The appellant made a statement that he desires to point out the place where he had concealed the weapon i.e. a sword and some ornaments. His statement was reduced into writing and said memorandum is at Exhibit-28. Thereafter Ashok with another panch, the appellant and police officers boarded a jeep. The appellant made a statement that he desires to point out the place where he had concealed the weapon i.e. a sword and some ornaments. His statement was reduced into writing and said memorandum is at Exhibit-28. Thereafter Ashok with another panch, the appellant and police officers boarded a jeep. Ashok has stated that as per the instructions of the appellant the jeep was taken to a slum area near Damu Nagar police station. The appellant then took them in the slums upto a hut across the pipe line and all of them halted in front of a hut and the appellant knocked the door of hut. The door was opened by a lady and she disclosed that she was the real sister of the appellant. The appellant then took them inside the hut. A pant was hanging on the string in the hut. The appellant removed a small packet from the pant packet and opened it. The packet was containing one broken gold chain with pendant in the shape of 'OM', one chain with gold beads (maala), one gold ring in the shape of a 'Cobra' one wrist watch and one bracelet whereupon design of Lord Krishna was embossed. The bracelet was stained with blood. Currency notes in the amount of Rs. 3500/- were also found. The appellant stated that the said amount was received from the sale proceeds of two gold rings. Thereafter the appellant opened the briefcase lying in the corner of the hut and removed the weapon i.e. a sword concealed in the briefcase below clothes. He produced it before the police. The weapon was stained with blood. All these articles came to be seized under panchnama Exhibit-29. 9. The blood stained sword and the blood stained bracelet which were recovered at the instance of the appellant were sent to the Chemical Analyzer and as per the CA report Exhibit-67(colly), it was found that both the articles were stained with human blood. In this connection, we may usefully refer to the decision of the Supreme Court in the case Gura Singh Vs. In this connection, we may usefully refer to the decision of the Supreme Court in the case Gura Singh Vs. State of Rajasthan, (2001) 2 SCC 205 : (2001 ALL MR (Cri) 764 (S.C.)), wherein it has been observed as under: "In view of the authoritative pronouncement of this Court in Teja Ram Case (1999) 3 SCC 507 ) we do not find any substance in the submissions of the learned Counsel for the appellant that in the absence of the report regarding the origin of the blood, the trial Court could not have convicted the accused. The Serologist & Chemical Examiner has found that the chadar seized in consequence of the disclosure statement made by the appellant was stained with human blood. As with lapse of time the classification of the blood could not be determined, no bonus is conferred upon the accused to claim any benefit on the strength of such a belated and stale argument. The trial Court as well as the High Court were, therefore, justified in holding the circumstance as proved beyond doubt against the appellant." 10. PW-1 Narendra, who is the husband of deceased Bharti has identified the ornaments recovered at the instance of the appellant as belonging to his wife. It is pertinent to note that when he lodged his complaint, he stated that a bracelet was missing which had carving of Lord Krishna. He has also identified the chain with 'OM' pendant, chain with gold beeds i.e. manmala and the ring shaped like 'Cobra', wrist watch and other ornaments recovered at the instance of the appellant, which were recovered on 2.8.2007 in presence of panch witness PW-8 Ashok. 11. The next circumstance against the appellant is that one ring of the deceased which was sold by the appellant to PW-6 Kanayya Soni, the proprietor of 'Anand Jewelers', came to be recovered at his instance. PW-5 Vinod is the panch witness who has been examined in relation to this recovery. Vinod has stated that on 8.8.2007 he was requested to act as a panch. He was taken to Kandivali police station. He found that the appellant was present there. The appellant stated that he wanted to produce certain ornaments before the police. The appellant stated that he had sold them to a jeweler. Said statement was reduced into writing and the memorandum is at Exhibit-23. He was taken to Kandivali police station. He found that the appellant was present there. The appellant stated that he wanted to produce certain ornaments before the police. The appellant stated that he had sold them to a jeweler. Said statement was reduced into writing and the memorandum is at Exhibit-23. Thereafter the appellant led the police and the panchas to Kanti nagar. The appellant pointed out a jewelery shop named as 'Anand Jewelers'. The appellant pointed out the person sitting at the counter and told them that he had sold the ornaments to that man. Said person was PW-6 Kanayya Soni. PW-6 Kanayya Soni stated that he has purchased one gold ring weighing 5 grams from the appellant for Rs. 2800/-. PW-6 Soni removed the gold ring from the drawer and produced it before the police. Said ring came to be seized by the police. The evidence of panch witness PW-5 Vinod is corroborated by the evidence of PW-6 Kanayya Soni who was proprietor of 'Anand Jewelers' and who has stated that the appellant had sold a ring to him on 31.7.2007 for Rs. 2800/-. PW-6 Soni has stated that the appellant came to his shop stating that his mother was suffering from Cancer and he was in need of money for treatment. Then Kanayya Soni purchased the ring from the appellant for Rs. 2800/-. Thereafter the appellant led the police and panchas to the shop of 'Manoj Jewelers' which was situated near the shop of PW-6 Kanhaya Soni. The appellant entered the shop and pointed out the person sitting at the counter and told the police and the panchas that a ring had been sold by the appellant to that man. Said person was PW-7 Ramsing Chouhan. PW-7 Ramsing Chouhan admitted that one ring was sold to him by the applicant weighing 1 gram for which he paid Rs. 700/- to the appellant. PW-7 Ramsing produced the ring and he also showed the diamonds which were studded in the ring frame which were removed by him. Said articles came to be seized. 12. The evidence of PW-5 Vinod on the aspect of recovery of ring from the shop of 'Manoj Jewelers' is corroborated by the evidence of PW-7 Ramsing Chouhan who was proprietor of 'Manoj Jewelers'. Said articles came to be seized. 12. The evidence of PW-5 Vinod on the aspect of recovery of ring from the shop of 'Manoj Jewelers' is corroborated by the evidence of PW-7 Ramsing Chouhan who was proprietor of 'Manoj Jewelers'. Ramsing has stated that on 31.7.2007 the appellant had come to his shop and stated that his mother was suffering from blood cancer and he wanted to sell the ring and it was ladies ring. Ramsing paid Rs. 700/- to the accused and purchased the ring. There were three small stones in the ring. 13. The next circumstance is that the ornaments given by the appellant to PW-15 Suresh Lahane for selling the same and which were sold by PW-15 Suresh to 'Mukesh Jewelers' came to be recovered at his instance. PW-15 Suresh has stated that Raju is his nick name hence some people knew him by that name. PW-15 Suresh has stated that he knew the appellant because he used to meet him in Anna Video Parlour where they used to play cards. On 1.8.2007 Suresh was present at Damu Nagar along with his friend at about 5:30 p.m. At that time, the appellant called him aside and asked him to help him in selling two rings shown by him. In one ring there was a big size diamond and in other ring there were small diamonds. The rings were made of gold. The appellant told Suresh that his mother was seriously ill and suffering from cancer. Hence the appellant requested Suresh to sell those rings. The appellant told Suresh that he had no acquaintance with anybody and therefore assistance of Suresh was necessary. The appellant handed over the rings to Suresh. On the next day, Suresh went to 'Mukesh Jewelers' and sold the gold rings. There were three persons in the shop. One of them was Mukesh. The gold rings were handed over by Suresh to Mukesh. Mukesh gave him Rs. 8500/- and also gave him a receipt. He has identified the receipt dated 2.8.2007 which is at Exhibit-48. It is pertinent to note that said Mukesh Jain was the original accused No. 2 who was charged under Section 411 of I.P.C. 14. All the articles recovered at the instance of the appellant have been identified by PW-1 Narendra as belonging to his wife Bharti. Mr. He has identified the receipt dated 2.8.2007 which is at Exhibit-48. It is pertinent to note that said Mukesh Jain was the original accused No. 2 who was charged under Section 411 of I.P.C. 14. All the articles recovered at the instance of the appellant have been identified by PW-1 Narendra as belonging to his wife Bharti. Mr. Toraskar, the learned Advocate for the applicant submitted that PW-1 Narendra had not been called to the police station to identify the articles when they were recovered at the instance of the appellant and Narendra had identified the articles in the Court, hence, his identification of the articles cannot be relied upon. As far as this aspect is concerned, it is seen that PW-1 Narendra was the husband of deceased Bharti. These ornaments used to be on her person everyday, hence, he would be well acquainted with the ornaments. Moreover while giving his complaint, PW-1 Narendra has given details of the jewelery, for example, he has stated that the bracelet had carving of Lord Krishna. Similarly he has given description of other articles. The description given tallies with the ornaments recovered at the instance of the appellant. Thus, we find no merit in this submission. 15. Thereafter Mr. Toraskar submitted that no books of accounts of any jewelers are on record, hence, it is not possible to believe that the ornaments were recovered from two jewelers PW-6 Kanayya and PW-7 Ramsing nor any books of account of 'Mukesh Jewelers' were produced. As far as these recoveries are concerned, PW-5 panch witness Vinod, PW-8 panch witness Ashok and PW-15 Suresh who was known to the appellant have been examined. So also two jewelers PW-6 Kanyya Soni and PW-6 Ramsing have also been examined. Nothing has been elicited in the cross examination of any of these witnesses so as to cause any doubt regarding their evidence, hence, we are inclined to place reliance on the evidence of all these witnesses and hold that the ornaments of the deceased were recovered at the instance of the appellant. 16. It is the prosecution case that the appellant assaulted deceased Bharti with a sword and caused her death. PW-4 Dr. Shinde performed the postmortem on the dead body of Bharti. 16. It is the prosecution case that the appellant assaulted deceased Bharti with a sword and caused her death. PW-4 Dr. Shinde performed the postmortem on the dead body of Bharti. During external examination, he noticed the following injuries: (1) Transversly oblique incised wound over left frontal region 2 c.m. above (and parallel ) to the left eye brow, size 6 c.m. X 1 c.m. X bone deep, reddish coloured. (2) Transversly oblique incised wound, .5 c.m. parallel and above the external injury No. 1, size 6 c.m. X 1 c.m. X bone deep, reddish colour. (3) Transversly oblique incise wound 3 c.m. above parallel to external injury No. 2, size 6 c.m. X 1 c.m. X bone deep, reddish colour. (4) Multiple abrasions over nose, upper lip, lower lip, sizes ranging from .1 c.m. X .1 c.m. to .5 c.m. X .5 c.m. with multiple contusion over face, reddish in colour. (5) Multiple abrasions over neck, size ranging from .1 c.m. X .1 c.m. to .5 c.m. X .5 cm, reddish in colour. (6) contusion over top of right shoulder size 3.5 c.m. X 3 c.m., reddish brownish colour. (7) stab wound over xypoid region (2 c.m. below xypoid process) transverse, size 4 c.m. X 11/2 c.m. X cavity deep-margins cut clean, reddish colour. (8) stab wound over xypoid region (11/2 c.m. below the external injury No. 7, size 2.5 c.m. X 1.5 c.m. X cavity deep margins - cut & clean, reddish colour. (9) Incised wound over dorsum of left hand, transverse, 4 c.ms. below the wrist, size 4 c.m. X 1 c.m. X tendon deep. (10) Transverse linear abrasions over ventral aspect of right hand wrist, two in number size 2.5 c.m. X .2 c.m. X skin deep each, reddish in colour. On internal examination, Dr. Shinde noticed the following injuries: HEAD: Haematoma with contusions, underneath the external injuries. Outer table of the left frontal bone was fractured underneath the external injury Nos. 1, 2 and 3. THORAX: Internal injury in case of Thorax, ribs over right side - 2, 3, 4, 5 are fractured at midclavicle level. Ribs over left side - 3, 4, 5, 6 and 7 are fractured at the level of left anterior axilary fold level. Both lungs were perforated and haemorrhegic. In the opinion of Dr. Shinde external injuries Nos. 1, 2 and 3 are corelating to internal injuries to the head. Ribs over left side - 3, 4, 5, 6 and 7 are fractured at the level of left anterior axilary fold level. Both lungs were perforated and haemorrhegic. In the opinion of Dr. Shinde external injuries Nos. 1, 2 and 3 are corelating to internal injuries to the head. External injury Nos. 7 and 8 are related to internal injury mentioned in column No. 20(i) i.e. evidence of puncture of descending arorta and intestinal mensentries and mensentries of the transverse colon ruptured. According to Dr. Shinde, the cause of death was hemorrhage and shock due to stab wound injuries with smothering with fracture of multiple ribs (unnatural). In opinion of Dr. Shinde deceased must have sustained injuries with sharp and hard objects like small sword or big knife. According to Dr. Shinde, the injuries sustained by the deceased were sufficient in ordinary course of nature to cause death, more particularly injury mentioned at Sr. No. 4, 5, 7 and 8 were sufficient to cause death of patient. Thus, the medical evidence also corroborates prosecution case. 17. On going through the record we are of the opinion that there is sufficient evidence to prove beyond reasonable doubt that the appellant entered into the house of Bharti and committed robbery and during the incident he assaulted her with a deadly weapon and caused her death. Thus, we find no merit in the appeal. Appeal is dismissed. 18. Office to communicate this order to the appellant and the Jail Superintendent in which Jail, the appellant is lodged. We quantify legal fees to be paid by the High Court Legal Services Committee to the appointed Counsel Mr. Ashok G. Toraskar at Rs. 5,000/-. Appeal dismissed.