JUDGMENT Rajiv Sharma, J. 1. This appeal is instituted against the judgment dated 29.9.2009 rendered by the Additional Sessions Judge (1), Kangra at Dharamshala in Sessions Case No. 12-1/2008, whereby the appellant-accused (hereinafter referred to as the “accused” for convenience sake), who was charged with and tried for offence punishable under section 302 of the Indian Penal Code, has been convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 30,000/- and in default of payment of fine to further undergo imprisonment for a period of one year. 2. Case of the prosecution, in a nutshell, is that on 21.8.2007 Krishan Chand informed the Police that he is agriculturist and on 21.8.2007 at about 12.30 P.M. he was returning home from Budhabad. When he reached near the house of Thulia Ram, he heard cries of a child. He reached the house of Thulia Ram. He saw accused Bidhi Chand in the room. Bidhi Chand is the son-in-law of Thulia Ram. He was giving Darat blow on the back side of the neck of his son Paramjeet alias Nikhil. Two children were already lying there on the ground in the pool of blood having cut injuries. He tried to nab the accused. Accused threw the Darat in the room and fled away from the spot. Krishan Chand saw sister-in-law of the accused, who was dumb, tied with rope in the room. Accused Bidhi Chand had committed murder of his three children with the Darat. His statement under section 154 of the Code of Criminal Procedure Ex.PW-2/A was recorded, on the basis of which FIR Ex.PW-12/A was registered. The dead bodies were got photographed. Police prepared site plan. It took into possession Darat Ex.P-6 vide memo Ex.PW-7/A. Blood samples Ex.P-11 to Ex.P-13 were also lifted and taken into possession vide memo Ex.PW-4/A. Police took into possession pants Ex.P-8 and shirt Ex.P-9 vide memo Ex.PW-6/B. Police prepared the inquest reports Ex.PW-1/B to Ex.PW-1/D. Post mortems were conducted and the PMRs Ex.PW-1/E to Ex.PW-1/G were obtained. The doctor also handed over the clothes of the children to the police alongwith PMRs. The F.S.L. report is Ex.PW-17/C. Police investigated the case and the challan was put up in the court after completing all the codal formalities. 3. Prosecution examined as many as 19 witnesses in all to prove its case against the accused. The doctor also handed over the clothes of the children to the police alongwith PMRs. The F.S.L. report is Ex.PW-17/C. Police investigated the case and the challan was put up in the court after completing all the codal formalities. 3. Prosecution examined as many as 19 witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr. P.C. was recorded. He has denied the prosecution allegation made against him. Learned trial Court convicted and sentenced the accused, as noticed hereinabove. 4. Mr. Ankush Dass Sood, learned counsel for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. 5. Mr. M.A. Khan, learned Additional Advocate General, has supported the judgment dated 29.9.2009 passed by the trial Court. 6. We have heard the learned counsel for the parties and have gone through the record meticulously. 7. PW-1 Dr. Ashutosh Joshi alongwith Dr. Dilwar Singh conducted the post mortem of deceased Gurmit Singh son of Bidhi Chand. They noticed the following injures on the body of deceased Gurmit Singh: 1. “Deep Chopped wound on the anterior aspect of the neck at the level of Thyroid cartilage extending left Mastoid horizontal to 4 cm below the right angle of mandible size 9 x 2 x 2cm. Carotid vessels nerves cut with clotted blood present in between. 2. Chopped wound 7x5x2 cm at the level of chin nerves blood vessels cut and clotted blood present. 3. Chopped wound right mandibular region of the face size 4x2x2 cm blood vessels cut and clotted blood present.” Larynx and trachea were cut and exposed. Brain was pale and shrunk. According to them, death was due to sharp edged injuries due to chopped wound on the neck and face caused by sharp object resulting in cutting of blood vessels of the neck and cutting of trachea and esophagus resulting in instantaneous death. All the injuries were ante-mortem in nature and sufficient to cause instantaneous death. The duration between injury and death was instantaneous and between death and post mortem was within 24 hours. Post mortem report is Ex.PW-1/E. PW-1 Dr. Ashutosh Joshi alongwith Dr. Dilwar Singh also conducted post mortem on the body of Daljit Kaur daughter of Bidhi Chand. They noticed the following injuries on the body of deceased Daljit Kaur: 1. The duration between injury and death was instantaneous and between death and post mortem was within 24 hours. Post mortem report is Ex.PW-1/E. PW-1 Dr. Ashutosh Joshi alongwith Dr. Dilwar Singh also conducted post mortem on the body of Daljit Kaur daughter of Bidhi Chand. They noticed the following injuries on the body of deceased Daljit Kaur: 1. Chopped wound 13x4x8 cm starting from the nape of the neck to the right side of the chin blood vessels were cut up to the vertebral column. Wound exposed. Clotted blood present. 2. Chopped wound 10x3x2 cm on extending from right ear tragus up to the right margin of the lips all facial muscles cut and bones exposed. Clotted blood present. 3. Chopped wound 3x1x.5 cm on the forehead above the right eye clotted blood present. 4. Incised wound 8x.5 cm on the anterior aspect of the chest. All the internal organs were pale and heart was empty. Therefore, no blood sample was collected. In their opinion cause of death was due to sharp edged injuries due to chopped wound on the neck and face caused by the sharp object cutting of main vessels of the neck and cutting of trachea and esophagus resulting in bleeding and shock. All the injuries were ante-mortem in nature and sufficient to cause instantaneous death. The duration between injury and death was instantaneous and between death and post mortem was within 24 hours. Post mortem report is Ex.PW-1/F. PW-1 Dr. Ashutosh Joshi alongwith Dr. Dilwar Singh also conducted the post mortem on the body of deceased Paramjeet Singh son of Bidhi Chand. They noticed the following injuries on the body of deceased Paramjeet Singh: Chopped wound 16x5 cm x 10 cm extending from the nape of the neck from the base of skull posteriorily from one ear lobule to second ear lobule veritable column is cut and exposed clotted blood was present. All the internal organs were pale and heart was empty. Therefore, no blood sample was collected. In their opinion, cause of death was due to sharp edged injury due to chopped wound at the base of the skull posteriorly resulting in cutting of blood vessels of nerves and cutting of veritable column with massive hemorrhage resulting in shock and instantaneous death. The duration between injury and death was instantaneous and between death and post mortem was within 24 hours. The duration between injury and death was instantaneous and between death and post mortem was within 24 hours. Post mortem report is Ex.PW-1/G. According to them, the injuries caused to Gurmit Singh, Daljeet Kaur and Paramjeet Singh, as per Ex.PW-1/E to Ex.PW-1/G, could be caused by Darat Ex.P-6. 8. PW-2 Krishan Chand is the material witness. He has deposed that he was coming to his house from Budhabad at about 12.30 noon. When he reached near the house of Thulia Ram, he heard the cries of a child. When he went inside the house of Thulia Ram, he found accused Bidhi Chand carrying a Darat in his hand and giving a Darat blow to his son Nikhil alias Paramjeet Singh over his neck. The other two children, one son and one daughter of accused Bidhi Chand, had already been killed by him with the same Darat, who were lying inside the room. Accused Bidhi Chand immediately after killing his children threw his Darat on the ground. He ran away from the spot. He has seen the children lying inside the room having cut injuries over their neck and throat. There was pool of blood where the dead bodies were lying. He also found that in the adjoining room sister of the wife of accused tied with the bed. Her hands were tied with Chunni. Her name was Promila. She was dumb. She could not speak. He met Satpal. He disclosed all the facts to him. He informed the police. His statement was recorded under section 154 of the Code of Criminal Procedure vide Ex.PW-2/A. In his cross-examination, he has admitted that his house is adjoining to the house of Thulia Ram. The call given from the house of Thulia Ram is not audible in his house. He did not see accused giving blow to Gurmit and Daljeet Kaur who were already lying inside the room when he reached on the spot. The other members of the family were not in the house. He has denied the suggestion that when he reached in the house of Thulia Ram, he found that only three children were lying on the ground and none one else was present. 9. PW-3 Satpal has deposed that on 21.8.2007, he was on his way towards the path near the house of Thulia Ram. One Krishan Chand met him. He has denied the suggestion that when he reached in the house of Thulia Ram, he found that only three children were lying on the ground and none one else was present. 9. PW-3 Satpal has deposed that on 21.8.2007, he was on his way towards the path near the house of Thulia Ram. One Krishan Chand met him. He disclosed to him that Bidhi Chand, son-in-law of Thulia Ram, has killed all his three children. He accompanied Krishan Chand to the house of Thulia Ram and found the dead bodies of three children lying there having cut injuries in the pool of blood. He telephonically informed the police. 10. PW-4 Janak Raj is the brother-in-law of the accused. According to him, Sureshtha Devi was his sister. She was married to Bidhi Chand. They have three children, namely, Gurmit, Daljit Kaur and Nikhil alias Paramjeet Singh. His sister Promila was disabled and dumb. On 18.8.2007, husband of his sister Bidhi Chand came to their house. On 19.8.2007, his sister came alongwith her two children to their house. On 21.8.2007, he alongwith his mother and elder sister Sureshtha Devi went to their fields in the morning and his father and brother had left for their work place. Bidhi Chand, husband of her sister along with his three children and his another sister who was disabled left behind in the house. When they came back from the fields to their house and they were on the way, they came to know that Bidhi Chand has killed his three children with a darat. They went to their house. They noticed that three children were killed. The dead bodies were lying in the pool of blood. Krishan Chand was present. He narrated that accused has killed the children when he came to their house after hearing cries of a child. He also disclosed that his disabled sister had been tied in another room with chunni. The accused had been quarreling with his sister as he had been suspecting the character of his sister. The accused used to proclaim that the children were not his children. The accused used to proclaim that he would kill the children. The police had lifted the sample of blood lying on the spot. Police had also taken into possession blood stained darat. The chunni was also handed over to the Police. It was taken into possession vide memo Ext. The accused used to proclaim that he would kill the children. The police had lifted the sample of blood lying on the spot. Police had also taken into possession blood stained darat. The chunni was also handed over to the Police. It was taken into possession vide memo Ext. PW4/A. He identified chunni Ext. P-7. In his cross-examination, he has deposed that he has not made any complaint either to Pradhan or to the Police after the disclosure by Sureshtha Devi that her husband had been giving beatings to her and harassing her many times. He has also admitted that accused had not given any beatings in his presence to the children. There were 5-6 houses adjacent to their house. He had denied the suggestion that if a call is given from their house, the same would be audible in the adjoining houses. 11. PW-5 Soma Devi is the mother-in-law of the accused. She has stated that she had three sons and two daughters. One daughter is Sureshtha and another was Promila. Accused had come to their house about four days back. Thereafter her daughter came with the children to their house. He alongwith her daughter Sureshtha and son Janak had gone to their fields in the morning at about 7 a.m. Accused along with his three children and his disabled daughter remained in the house. When during noon hours, they were coming back from the fields to their house, on the way they came to know that accused Bidhi Chand had killed all his three children. Thereafter, they rushed to their house. Krishan Chand disclosed to them that he has seen accused Bidhi Chand killing the children and thereafter running away from the house after throwing the darat on the spot. She did not make any report to the Pradhan or Police that accused used to give his wife beatings after taking liquor and further used to suspect her character. 12. Statement of PW-6 Shravan Singh is formal in nature. 13. PW-7 Kuldip Singh has deposed that the Police has taken into possession from the spot darat vide memo Ext. PW7/A. He identified darat Ext. P-6. Darat was stained with blood. Police collected blood samples vide memo Ext. PW7/B. He has also identified chunni Ext. P-7. 14. PW-8 Shamsher Singh has deposed that on 21.8.2007, he was in his shop at Budhabad. He was running a welding shop. PW7/A. He identified darat Ext. P-6. Darat was stained with blood. Police collected blood samples vide memo Ext. PW7/B. He has also identified chunni Ext. P-7. 14. PW-8 Shamsher Singh has deposed that on 21.8.2007, he was in his shop at Budhabad. He was running a welding shop. On 18.8.2007, accused Bidhi Chand came to their house. On 19.8.2007, his sister Sureshtha came to their house along with her children. On 21.8.2007, he left the house at about 9 a.m. His mother along with his sister Sureshtha and brother Janak Raj had left the house to the fields. Thereafter, in the day time, his brother-in-law Bidhi Chand remained in the house along with his three children. His disabled sister also remained in the house. At about 1:30/2 p.m., he came to know that some incident has taken place in his house. He reached his house. He found all the three children of his sister lying dead having cut injuries over their neck. They were lying in the pool of blood. Accused Bidhi Chand used to suspect the character of his sister and used to proclaim to kill the children. Accused used to challenge the paternity of the children. The police prepared the inquest reports. He could not name the person who informed him about the incident. 15. Statements of PW-9 Swaran Singh, PW-10 Constable Sandeep Kumar, PW-11 Dev Raj and PW-12 Harpal Singh are formal in nature. 16. PW-13 Rajinder Singh has deposed that on 23.8.2007, Inspector Ambiya SHO deposited 7 sealed parcels sealed with seal A and B and the entry was incorporated in the mallkhana register. On the same day, head Constable Govind Singh handed over three sealed parcels duly sealed with seal M and the entry to this effect was incorporated in the mallkhana register. Inspector Ambiya also deposited one sealed parcel with seal A and the entry was incorporated in the mallkhana register vide Ext. PW13/C. He handed over 8 sealed parcels along with specimen impression of the seals to Constable Pramod Chand to be deposited at F.S.L. 17. PW-14 Pramod Chand has deposed that Rajinder Singh handed over to him 8 sealed parcels along with specimen impression of the seal vide RC No. 120/7 Ext. PW13/D along with docket. These were deposited by him at F.S.L. on the next day. 18. PW-15 Sureshtha Devi is the wife of the accused. PW-14 Pramod Chand has deposed that Rajinder Singh handed over to him 8 sealed parcels along with specimen impression of the seal vide RC No. 120/7 Ext. PW13/D along with docket. These were deposited by him at F.S.L. on the next day. 18. PW-15 Sureshtha Devi is the wife of the accused. She has deposed that accused used to proclaim that the children were not his children. He used to suspect her character. On 18.8.2007, her husband Bidhi Chand had come to her parental house and on the next day she also came to her parental house accompanied by both the children being sons and third child being daughter already used to reside in her parental house. On 21.8.2007, her younger brother Shamsher Singh had left the house. Her brother Purushottam had also left the house. Her father had already left the house to join the duty at dam. Thereafter, at about 9 a.m., she along with her mother and brother Janak Raj left the house to work in the fields. Her younger sister, who was disabled and her husband along with her children left behind in the house. When at noon time, they were coming back from the fields to their house, on the way; they came to know that her husband had killed all the children and thereafter ran away from the spot. She reached the house. She became unconscious. She remained unconscious after some time, one Krishan Chand told that when he was on his way to his house from Budhabad and reached near her parental house, he heard the cries of the children. When he went inside the house, he saw that her husband has been giving darat blows to one of her children and the remaining two children had already been given cut injuries. Thereafter, Krishan Chand tried to overpower the accused. The accused threw away the darat and ran away. Krishan Chand further narrated to her that her younger sister who was disabled had been tied by the accused. In her cross-examination, she has deposed that accused used to give beatings to the children occasionally. She did not make any complaint either to the Panchayat or to the Police. She has denied the suggestion that she was in the house on the day of incident. She has also denied that the accused was not present in her parental house. 19. She did not make any complaint either to the Panchayat or to the Police. She has denied the suggestion that she was in the house on the day of incident. She has also denied that the accused was not present in her parental house. 19. Statements of PW-16 Mohinder Singh, PW-17 Shakti Prasad Thakur and PW-18 Ashok Kumar Sharma are formal in nature. 20. PW-19 Ambiya Ram has carried out the investigation. He went to the spot along with other police officials. He recorded the statement of Krishan Chand Ex.PW-2/A, on the basis of which FIR Ext. PW12/A was registered. The photographs were obtained alongwith negatives. Site plan was prepared. He found Darat lying on the spot. It was taken into possession vide memo Ex.PW-7/A. He took blood samples from the spot. Slippers of the accused were found near the spot. He got the post mortems conducted. 21. Case of the prosecution precisely is that the accused had come to his in-laws house. All the family members except the accused and his disabled sister-in-law alongwith children was at the house. Krishan Chand heard the cries of a child. He entered the house. He saw the accused giving Darat blow on the back side of the neck of his son Paramjeet alias Nikhil. He tried to over power him. Accused ran away from the spot leaving his Darat. Accused had also tied his disabled sister-in-law with Chunni. Statement of Krishan Chand was recorded under Section 154 Cr. P.C. which led to the recording of FIR. The post mortem examinations were got conducted. 22. PW-4 Janak Raj, PW-5 Soma Devi and PW-8 Shamsher Singh have deposed that accused used to suspect the character of his wife PW-15 Sureshtha Devi. He also used to say that children did not belong to him and he would kill them. PW-15 Sureshtha Devi has also deposed that her husband used to proclaim that the children were not his children and used to suspect her character. PW-2 Krishan Chand is the eye witness. He has seen the accused giving darat blows on the back side of the neck of his son Paramjeet. He noticed that two children were already lying dead. He has tried to overpower the accused. However, accused ran away leaving behind the darat. PW-2 Krishan Chand has narrated this incident to PW-3 Satpal. PW-2 Krishan Chand is the eye witness. He has seen the accused giving darat blows on the back side of the neck of his son Paramjeet. He noticed that two children were already lying dead. He has tried to overpower the accused. However, accused ran away leaving behind the darat. PW-2 Krishan Chand has narrated this incident to PW-3 Satpal. PW-3 Satpal has informed the police and thereafter, the police investigation was completed. PW-4 Janak Raj, PW-5 Soma Devi and PW-8 Shamsher Singh have testified that when they reached the house, they came to know about the incident and they saw the children lying dead. The post mortem examinations were conducted. PW-1 Dr. Ashutosh Joshi along with Dr. Dilwar Singh conducted the post mortems of the deceased vide PMRs, Ext. PW1/E to PW1/G. According to PW-1 Dr. Ashutosh Joshi, the injuries caused to the children could be caused by darat Ext. P-6. We have already noticed the nature of injuries while discussing the statement of PW-1 aforesaid. The cause of death of Gurmit Singh was due to sharp edged injuries received due to chopped wound on the neck and face caused by sharp object resulting in cutting of blood vessels of the neck and cutting of trachea and esophagus resulting in instantaneous death. Deceased Daljit has died due to the sharp edged injuries received due to chopped wound on the neck and face caused by the sharp object cutting of main vessels of the neck and cutting of trachea and esophagus resulting in bleeding and shock. The injuries were ante mortem. Similarly, the cause of death of Paramjeet Singh was due to sharp edged injury received due to chopped wound at the base of skull posteriorally resulting in cutting of blood vessels of nerves and cutting of vertible column with massive hemorrhage resulting in shock and instantaneous death. 23. It has come in the evidence that the accused was alone in the house with his children and with his disabled sister-in-law. He had tied his sister-in-law with chunni. The children have been killed in cold blood. The motive for killing the children was that the accused was suspecting the character of his wife. The F.S.L. report is Ext.PW7/C. The human blood was found on Ext. 1 (darat) Ext. 2/A (pants) and Ext. 2/B (shirt) of accused. He had tied his sister-in-law with chunni. The children have been killed in cold blood. The motive for killing the children was that the accused was suspecting the character of his wife. The F.S.L. report is Ext.PW7/C. The human blood was found on Ext. 1 (darat) Ext. 2/A (pants) and Ext. 2/B (shirt) of accused. Learned trial Court has correctly appreciated the evidence led by the prosecution and we concur with the findings recorded by the learned trial Court. 24. Accordingly, in view of analysis and discussion made hereinabove, there is no merit in the present appeal and the same is dismissed.