JUDGMENT VINOD PRASAD, J. - Appellant Narayan Pradhan, has been convicted of offences u/ss 302 and 493 I.P.C. by Ad-hoc Additional Sessions Judge (Fast Track), District Sambalpur, in S.T. Case No. 391/13 of 2004-05, State of Orissa versus Narayan Pradhan, and has been sentenced to undergo imprisonment for life with fine of Rs. 5000/- (Rs, Five Thousand) and in default of payment of fine to undergo 1 year (One Year) further RI on the first count, 2 years (Two years) RI with fine of Rs. 1000/- (One Thousand) and in default of payment of fine to serve additional RI for 6 (six) months vide impugned judgment and order dated 12.8.2005. Learned trial Judge has further directed both the sentences to run concurrently while also conferring benefit of set off to the appellant for the period of imprisonment undergone by him. Challenged in this appeal by the appellant convict is to the aforesaid judgment and order. 2.While eschewing not so important factual happenings and evidences, the adumbrated prosecution allegations against the appellant, which are discernible from the prosecution evidences led in the Sessions trial, it is revealed that informant Subal Pradhan/PW5 and Indu Pradhan/PW7, both residents of village Haldi Nali, P.S. Charmal, district Sambalpur, had two sons (names not disclosed) and two daughters, Lata Pradhan (deceased) and Bhumi. Both the sons are younger to both the daughters. Appellant Narayan Pradhan is their co-villager and was a married man having a family including three children. The village has a place Bhagabat Gudi, where the village meetings are convened. Lata Pradhan, the deceased, was having an illicit love affair with the appellant, from whom she conceived and later on gave birth to a male child, but fact of illicit relationship come to the knowledge of the informant and his wife, PWs 5 & 7, just two months prior to their daughter attaining a motherhood. Informant convened a village meeting whereupon, the appellant took the deceased and her son to his house and kept them in a cowshed. However due to malnutrition supplied to the mother, the son lost his life just two days after his birth. Appellant, thereafter, kept the deceased in the cowshed for another eight days and thereafter assaulted and kicked her out. Deceased having no other choice returned to her parental house. However due to malnutrition supplied to the mother, the son lost his life just two days after his birth. Appellant, thereafter, kept the deceased in the cowshed for another eight days and thereafter assaulted and kicked her out. Deceased having no other choice returned to her parental house. Eight days thereafter the appellant came and promised to keep the deceased with him after getting a room constructed for her but did not abide by his promise. Prior to the date of the incident of her murder, a Wednesday, informant/PW5 had gone to his sister’s house. Taking advantage of his absence appellant came to the informant’s house on Wednesday night and, on a false promise to keep the deceased away from his first wife, who was opposing their relationships, and to maintain her from his earned wages, took the deceased on his cycle, albeit PW7 vainly requested him to wait till the arrival of the informant/PW5. At that time deceased was wearing a maxi, saya, and had carried her duppata and shawl. Next day morning, on Thursday 27. 5.2004, the mother/PW7 saw the accused going to Hata but the deceased was not to be located. On query by the mother she was informed by the appellant that she had bene kept at a proper place. At 10 a.m. informant/PW5 returned to his house and was narrated by PW7 about the past night happening and non-tracing of the daughter. Parents, PWs 5 & 7, accompanied with Mohan Pradhan/PW8, fruitlessly searched for their daughter. 3.When the matter stood thus, one Kartik Nag, Railway keyman/PW9 of Charmal Railway Station, in-charge of 54.0 km to 59.0 km, while on duty, located the dead body of a girl lying near the railway track with bleeding injuries on her face between 54.8. to 54.9 k.m. He therefore, reported the matter to Rajan Kumar Das/PW1, Jr. Engineer, East Coast Railway, the same day at about 9.20/9.30 a.m. In turn the matter was reported to Saumya Ranjan Biswal/PW2, Station Master, Charmal Railway Station, PW 2 consequently informed Narendera Kumar Sarangi, O.I.C., Police Station Charmal/PW21 through a written information/Ext. 1, which was received to the O.I.C. at 10.30 a.m. on 27.5.04. As a follow up action, PW21 registered U.D. P.S. case No. 3 of 2004 and commanded Constables C/605 P. Munda and C/691 S.C. Majhi/PW12 to guard the corpse vide command certificate/Ext. 10. 1, which was received to the O.I.C. at 10.30 a.m. on 27.5.04. As a follow up action, PW21 registered U.D. P.S. case No. 3 of 2004 and commanded Constables C/605 P. Munda and C/691 S.C. Majhi/PW12 to guard the corpse vide command certificate/Ext. 10. PW21 personally proceeded for the spot at 10.45 a.m. where he found dead body of a female aged about 19 years stained with blood. Some blood stained stones were also lying at the spot. PW21 through requisition sent to S.P. Sambalpur, sought services of scientific team and also of dog squad which arrived at 1 p.m. Inquest on the deceased cadaver vide inquest report/Ext 2 was conducted. From Mugpal Railway Crossing deceased’s blood stained slippers (chappal/MO. VIII) were seized vide seizure list Ext. 3. Vide seizure list Ext 4, blood stained stones (M.O. III to VII) and shawl/M.O. IX, of the deceased were seized. Hair of deceased, blood stained and plain earth, collected by DFSL were seized by PW21 vide Exts. 19 and 20. Spot Map/Ext. 21 was prepared and by 7 p.m. corpse of the deceased was dispatched to V.S.S. Medical College, Burla for autopsy purpose through constables C/605 P. Munda and C/ 691 S.C. Majhi/PW12 along with command certificate/Ext. 10 and dead body chalan/Ext. 11. 4.Reverting back to the case of the informant/PW5, he, at Karadapal, received a message concerning discovery of a girl’s dead body near the railway line in Mugapal. After collecting some more villagers namely, Ghasu Pradhan, Jhatu Pradhan, Rajan Pradhan, Mohan Pradhan and others, informant went to the spot of discovery of dead body where he saw the corpse of his daughter, the deceased, at Charmal Chak in a police van inflicted with bleeding injuries on her face and hand. At the request by PW5, Pushparaj Rout/PW13, a shop keeper, scribed the FIR/Ext. 5 which was lodged with PW21 at 8 p.m. arraigning the appellant as the sole perpetrator of the crime, who had murdered the daughter of the informant. This information resulted in registration of P.S. Case No. 33 of 2004 and slating down of formal FIR/Ext. 22. Investigation was commenced immediately during course of which informant and witnesses were interrogated and their statements were inked. Appellant was arrested on 28.5.2004 at 4 p.m. who confessed his guilt and concealing of his cycle vide Ext. 6. This information resulted in registration of P.S. Case No. 33 of 2004 and slating down of formal FIR/Ext. 22. Investigation was commenced immediately during course of which informant and witnesses were interrogated and their statements were inked. Appellant was arrested on 28.5.2004 at 4 p.m. who confessed his guilt and concealing of his cycle vide Ext. 6. Accused thereafter led the police party to the place of concealment in village Haldi Nali and got the cycle recovered which was seized vide memo/Ext. 7. Same day wearing apparels of the accused, one Lungi/M.O.X. and one Ganjee/M.O.XI were also seized vide Ext. 8. Attires of the deceased handed over by the autopsy doctor, brought by aforementioned two constables were also seized vide seizure memo 9. Cloths of the deceased are M.O.I. and II and hair of the deceased, envelopes containing material exhibits are M.O. XV to XVII. Appellant was also got medically examined vide Ext. 17 and his physical body collections are seized through list Ext. 15. Blood stained materials were sent for forensic science examination Ainthappalli through SDJM, Rairakol vide Ext 23. Further investigation into the crime was conducted by Atul Chandra Mohanit/PW17 since PW21 was transferred. After examination some more witnesses PW17 laid charge sheet against the appellant for the murder of the deceased. 5.Autopsy on the dead body was conducted by Dr. Sudeepa Das/PW 15 on 28.5.2004 who noted following ante mortem injuries on the deceased cadaver: i. There is fracture of maxilery bone. ii. Lacerated wound of sixe 4 c.ms x 2 c.m x bone deep with a depressed fracture of the frontal bone is present over the left eye, just left to the midline of forehead. iii. Lacerated wound of size 9 c.ms at the widest part x 3 c.ms bone deep is present with comminuted fracture of the corresponding bone present just above the right eye. iv. Lacerated wound of size 5 c.ms x 2 c.ms x bone deep is present on the middle of the forehead near the hair line. v. The right ear has been avulsed. vi. Lacerated wound of size 11 c.ms X 3 c.ms bone deep with corresponding fracture of temporal bone is present over the left side of the skull. vii. Lacerated wound of size 6 c.ms x 2 c.ms x bone deep is present over the left parietal area. viii. v. The right ear has been avulsed. vi. Lacerated wound of size 11 c.ms X 3 c.ms bone deep with corresponding fracture of temporal bone is present over the left side of the skull. vii. Lacerated wound of size 6 c.ms x 2 c.ms x bone deep is present over the left parietal area. viii. Lacerated wound of size 3 c.ms x 2 c.ms x bone deep is present over the left parietal area 2 c.ms below the external injury no. vii. ix. Lacerated wound of size 8 c.ms x 2 c.ms x bone deep (fracture of temporo-occipital bones on the right side temporo occipital area.) x. Lacerated wound of size 3 c.ms x 1 c.ms x bone deep is present slightly towards the left of symphysis menti. xi. Lacerated wound of size 2 c.ms x 1 c.ms x 1 c.m is present over the left side of the face, 4 c.ms lateral to the left angle of mouth. xii. Lacerated wound of size 4 c.ms x 2 c.ms x 1 c.m is present over the left side of the face 1 c.m above external injury no. xi. xiii. Lacerated wound of size 15 c.ms x 10 c.ms x skin deep is present over the upper part of the chest. On internal disSection PW 15 found following internal damages/injuries:- i. Skull-Scalpal hematoma is diffusely present over the entire skull. ii. The fracture line is running a length of 42 c.ms around the skull from the left side of left eye socket to the right eye socket above the mastoid process, encircling the occipital bones. The calvarium is separated at the level of both the ears. iii. Massive subdural hematoma is present. The brain has started to liquefy. All the above injuries were ante mortem and were inflicted by heavy hard and blunt force. 72 hours had lapsed since the deceased had demised and death had occurred due to cranio cerebral injuries. No spermatozoa was found and victim was habitual to sexual inter course. Sustained external and internal injuries were sufficient on ordinary course of nature to cause death which was homicidal in nature. 6.SDJM, Rairakhol, on the strength of submitted charge sheet against the appellant took cognizance of the offence and registered C.T. No. 361 of 2004 and after observing due legal formalities committed the case to the Sessions Court and forwarded the accused to be tried there. 6.SDJM, Rairakhol, on the strength of submitted charge sheet against the appellant took cognizance of the offence and registered C.T. No. 361 of 2004 and after observing due legal formalities committed the case to the Sessions Court and forwarded the accused to be tried there. In the Sessions Court S.T. Case No. 391/13 of 2004-05, State of Orissa versus Narayan Pradhan was registered and learned trial Judge/Ad-hoc Additional Sessions Judge charged the appellant with offences u/Ss 302/493 I.P.C. on 1.3.2005 and since the appellant abjured those charges, pleaded not guilty and claimed to be tried that his trial commenced. 7.Prosecution, in the Session’s trial, produced oral evidences of 21 of its witnesses, tendered 25 documentary evidences and 17 material objects/exhibits. Out of witnesses examined PWs 1, 2 & 9 are Railway witnesses, PWs 3,5,7,8 and 11 are fact witnesses, PWs 8 and 14 are seizure witnesses, PWs 6 and 10 are witnesses of confession of the accused appellant, PW 13 is scribe of the FIR, PW 15 is autopsy doctor, whereas PW 19 has medically examined the appellant and had taken samples of his body parts, PWs 12 and 16 are constables who had performed various investigatory functions entrusted to them. PW18 is scientific officer who has collected material from the spot, PWs 17, 20 and 21 are the investigating Officers. 8.Plea of the appellant is of total denial and false implication. He has also pleaded that because of some factual rivalry he has been falsely implicated. 9.Learned trial Judge, believed prosecution witnesses, guilt of the appellant convincingly anointed and established to the hilt that it convicted the appellant and sentenced him as has already been mentioned in the opening para of this judgment and hence challenge in this appeal is to the aforesaid conviction and sentence by the sole convicted accused-appellant. 10.We have heard Mrs. C. Kasturi, learned advocate for the appellant and Sri J.Katikia, learned AGA for the State and have vetted through the entire trial Court record and evidences searchingly and analytically. 11.Learned counsel for the appellant harangued incisively that prosecution has failed to impute any motive to the appellant to murder the deceased and the entire prosecution case rests upon last seen evidence only and hence, the bedrock of entire prosecution edifice therefore is circumstantial evidence. There is no eye witness account. 11.Learned counsel for the appellant harangued incisively that prosecution has failed to impute any motive to the appellant to murder the deceased and the entire prosecution case rests upon last seen evidence only and hence, the bedrock of entire prosecution edifice therefore is circumstantial evidence. There is no eye witness account. There is no evidence that under false promise to marry that the appellant sexually assaulted the deceased and hence conviction u/s 493 I.P.C. is unsustainable. All the witnesses are interested and belong to the group of the informant. Deceased was a trollop and she was murdered by unknown person and appellant has been falsely implicated. FIR version is a figment of imagination without having any ring of truth in it. No recovery was made at the instance of the appellant nor he had made any confessional statement. Investigation is shoddy, truncated and inept. No weapon of crime was imputed to the appellant and hence prosecution has miserably failed to bring home appellant’s guilt who deserves acquittal hence appeal be allowed and appellant be acquitted after setting aside the impugned judgment and order. 12.Traversly, learned AGA lend credence to the impugned judgment and urged that there is nothing to absolve the appellant of the crime committed by him. Last seen evidence is convincingly incriminating if no plausible explanation is coming forth from the accused creating a doubt in the prosecution edifice. No reason was attributed to the parents of the deceased to arraign the appellant sans any motive. Relationship alone is insufficient to discard the testimony of those witnesses who had no reason to be a perjurer. Most of the credible facts nailing the appellant are unchallenged and, in absence of any offered explanation by the appellant, they must be taken to be proved beyond all reasonable doubts. Medical evidence leads only to one irresistible conclusion that the deceased was murdered in the most diabolical manner without any compassion and since she had no other person who could have any motive to annihilate her except the appellant, that the present appeal being devoid of merit must be dismissed and conviction and sentence of the appellant be confirmed. 13.After bestowing our thoughtful considerations to the rival submissions and after critically examining the record it transpires that the motive attributed to the appellant is well established without any shred of doubt. 13.After bestowing our thoughtful considerations to the rival submissions and after critically examining the record it transpires that the motive attributed to the appellant is well established without any shred of doubt. It will be too naïve to conceive and accept defence plea that no motive has been attributed to the appellant to commit deceased murder. To even think that the parents, to bring most scurrilous faux pas to the entire family, will level concocted allegations of their daughter having extra marital relationship with a married man having three children and bringing a disrepute to their own daughter will be ludicrous. Defence has not been able to demolish the confidence inspiring evidences of the parents on this score in as much as testimonies of none of the parents were challenged on these facts in issue. Defence, in fact, concedes the appellant being a married person having three children and his first wife being alive and appellant being in illicit relationship with the deceased. Both the sides are residents of the same village and very well acquainted with each other and consequently it could not have been a case of mistaken identity nor any such plea has been raised by the appellant. Deceased falling in love with the appellant because of her youthful age is also a fact which cannot be termed as unnatural or surreal. Appellant had not at all questioned seriously his illicit relationship with the deceased except giving bald suggestions to PW/5 and that too without any attending facts. Neither the father PW/5 nor the mother/PW7, who are best witnesses to disclose clandestine infatuated relationship of their daughter, were challenged on the said aspect for the reasons best known to the defence. In fact from the suggestions given to PW5, it becomes evident that the deceased definitely had conceived and had given birth to a male child from the appellant and this fact in issue therefore stands established by the defence suggestion itself. There does not exist any reason to implicate an unconcerned person sparing real culprit by the most loved once. Entire cross examination of both the parents seems to be wholly misdirected and is clogged with trivial and insignificant aspects having no direct nexus with the real issues. Most of the cross examination is inchoate and facetious. There does not exist any reason to implicate an unconcerned person sparing real culprit by the most loved once. Entire cross examination of both the parents seems to be wholly misdirected and is clogged with trivial and insignificant aspects having no direct nexus with the real issues. Most of the cross examination is inchoate and facetious. Other residents of the village have also lend credence to the prosecution version and hence the same cannot be discarded. Alleged motive for the appellant to commit the crime therefore is real and proved. 14.FIR Ext. 5 was lodged by the father/PW5 with promptness without any delay. Defence has also not challenged lodging of the same at the time it is alleged to have been lodged nor it has challenged its authenticity except to put some insignificant omissions to PW5 which do not rob the prosecution of its genuine versions. This is an added incriminating circumstance against the appellant. Coming to the investigation at this point it is to be noted that the appellant counsel has failed to convincingly argue that the same is a remiss and he was unable to bring out any reason, on the basis of which, the entire prosecution case be discarded. It is apparent from the evidences of all the I.Os./PWs 17, 20 and 21, that the defence has not been successful in dislodging their testimonies and therefore the irresistible conclusion is that investigation has been conducted assiduously and is not languid. No inconsistencies or incongruities have surfaced on the record to interdict it. Otherwise also clumsiness in investigation is no reason to discard entire prosecution version unless it is established that the same shakes the core issues and create a genuine doubt in the mind regarding truthfulness of the prosecution story. 15.Medical evidences of post mortem doctor PW15 and that of PW19 who had examined the appellant leaves little to doubt the prosecution story. Injuries inflicted and sustained by the deceased by its very nature depict the gruesome manner in which the deceased was done to death. Internal damages to the cranium and other parts invigorates prosecution of its charge that the deceased was annihilated by the appellant and therefore prosecution story cannot be bulked of its reality. 16.Deceased was last seen on the company of the appellant who had brought her from her parental house, when the mother of the deceased was present. Internal damages to the cranium and other parts invigorates prosecution of its charge that the deceased was annihilated by the appellant and therefore prosecution story cannot be bulked of its reality. 16.Deceased was last seen on the company of the appellant who had brought her from her parental house, when the mother of the deceased was present. PW7, the mother did try to dissuade the appellant to wait for the arrival of the informant but the appellant did not agree to such a request. It was in the night that the appellant had taken the deceased and since next day morning that the deceased was untraceable. It was for the appellant to come out with a plausible and acceptable explanation for missing of the deceased. Who was an impediment in his family relationships and was a cause of family feud. Examined in the backdrop of what had transpired between the appellant and the deceased in the earlier days taking of the deceased by the appellant, without any second though, is the most incriminating circumstance against him. Being oblivious of the fact that every case is to be judged on the peculiar facts involved therein and no hard and fact rule of an unimpeachable nature can be laid down, when we grokingly vet through the evidences it evinces that the prosecution has been successful in weaving the entire fabric of its version into a complete whole. Relationship of illicit nature between the appellant and the deceased because of which family life of the appellant, who was a married man, was disturbed, deceased getting pregnant with the appellant, giving birth to a male child and his demise, returning of the deceased to his parental home. Taking of the deceased on a false pretext on his cycle by the appellant a night previous to the discovery of cadaver of the deceased, discovery of corpse of the deceased near a railway track with sustained fatal injuries, elopement of the appellant from his village, blood on the attires of the appellant, all these factors cumulatively are pointer to only one irresistibly conclusion that it is only the appellant, and none else, who had murdered the deceased. 17.Concluding thus we find no force in this appeal, which is dismissed in toto. Impugned judgment and order of conviction and sentence is affirmed. Appellant is in jail. 17.Concluding thus we find no force in this appeal, which is dismissed in toto. Impugned judgment and order of conviction and sentence is affirmed. Appellant is in jail. He shall remain in Jail to serve out remaining part of his sentence. 18.Let the trial Court be informed. BISWANATH RATH, J.I agree. Appeal dismissed.