JUDGMENT S.N. PRASAD, J. - The instant Jail Criminal Appeal is against the judgment and sentence dtd. 10th April, 2006 passed by the Adhoc Additional Sessions Judge, (F.T.) Champua in S.T. Case No. 99/108 of 2004, arising out of G.R. Case No. 66 of 2004, corresponding to Champua P.S. Case No. 43 of 2004 of the Court of S.D.J.M., Champua whereby and where under the appellant has been found guilty for commission of offence U/s. 302 I.P.C and was convicted to undergo rigorous imprisonment for life. 2. The prosecution story in brief, as per F.I.R. is that on 12.04.2004 at about 10 P.M. complainant Sridhar Munda of village Sana Hundula accompanied by his brother Budhuram Munda appeared before the Officer-in-Charge of Champua P.S. and orally reported that in that morning at about 9 A.M. while he and other villagers had gone to the forest on a ‘Paridhi’, his younger brother Budhuram informed him that their father, appellant Kaira Munda has killed their mother by means of an axe. The complainant immediately came to his house along with his brother Budhuram and after opening the door of their house found that their mother was lying dead in a pool of blood and she has sustained injuries on his neck, back and base of her ear. According to the complainant the appellant has left the weapon of offence, stained with blood, near the dead body. The complainant subsequently reported the matter to the village Chowkia and then sent his younger brother to their uncle’s house at village Sunaposi. Later on the village Ward Member came to know about the same. The complainant disclosed that about one year back there was regular quarrel between his father and mother over the illicit relationship existing between his father and one Gurubari Munda. He further disclosed that in the previous evening both his father and mother had quarrel in which his father had threatened his mother to take away her life. The complainant alleged that his father, in order to satisfy his anger, has killed his mother by means of an axe at about noon on that day and after killing her, his father had absconded. The police registered Champua P.S. Case No. 43 of 2004 and took up investigation, thereafter submitted charge-sheet against the appellant for commission of offence U/s. 302 I.P.C. and accordingly the appellant was put to trial. The police registered Champua P.S. Case No. 43 of 2004 and took up investigation, thereafter submitted charge-sheet against the appellant for commission of offence U/s. 302 I.P.C. and accordingly the appellant was put to trial. The appellant been convicted U/s 302 I.P.C. and sentenced to undergo rigorous imprisonment for life by the impugned judgment which has been assailed by the appellant by way of instant appeal. 3. This Court, in order to examine the legality and propriety of the judgment containing the finding of the trial Court, has gone through the depositions of the witnesses. The prosecution has put 10 witnesses for their examination and cross-examination. P.W.1 is the son of the deceased Sukumati Munda who has deposed that he was informed by his younger brother Budhuram Munda that their father has killed their mother by an axe. That was about noon time, getting said information, he rushed to his house and on reaching their, he found the door of their house was locked from outside and on opening the same, he saw his mother was lying on the ground in a pool of blood inside the kitchen room. On verification, he found bleeding injuries on her head near the neck and other parts of her body. He also found an axe lying near the dead body and immediately reported the same to the Chowkia of the village and thereafter to his uncle and then to the local police. In the cross-examination he has confirmed his statement which he has stated in examination–in –chief. P.W.2, namely, Budhuram Munda who has given information to P.W.1 regarding commission of murder of his mother has deposed that in the morning he had gone to catch fish from the village pond and on his return to his house, he saw his mother was lying dead inside the kitchen and it was locked from outside, he opened the door and seeing her dead, again locked the same and went away to inform P.W.1. He has also informed to his uncle and thereafter police came and F.I.R. has been registered. In the cross-examination he deposed that the axe which was marked as M.O.I. is a common object in their village. He identified M.O.I. as theirs. He further stated that in their house there are two rooms and his father and mother use one room and he and P.W.1 use the other room. In the cross-examination he deposed that the axe which was marked as M.O.I. is a common object in their village. He identified M.O.I. as theirs. He further stated that in their house there are two rooms and his father and mother use one room and he and P.W.1 use the other room. His sister also shares their room. He has further stated that when he left for fishing, his father was absent in their house. His father is an irregular labourer, he used to stay back in the house after few days of work. His father used to quarrel with the villagers when he was under the state of intoxication and he does not pull well with the villagers. P.W. 3, namely, Birbal Munda is the nephew of the deceased and he has been informed by P.W.1 and P.W.2 while he was in jungle their father killed their mother by an axe and fled away. He has corroborated the statements made by P.Ws. 1 & 2 in his examination –in-chief. It is evident from his deposition that he is a hear-say witness having been informed by P.Ws. 1 and 2 about the occurrence. P.W. 4 is the sister-in-law of the appellant and the deceased was her younger sister. She has also been informed by P.Ws. 1 & 2 that their father has killed her younger sister and looked the door from outside. P.W.5 – Mohan Munda is the brother-in-law of the appellant who has also been informed about the incident. P.W.6- Susmita Munda is the niece of the appellant. P.W. 7 is the doctor who has conducted autopsy over the dead body and found following injuries. i. incised wound of size 4" x 1 ½” x ½” on left upper arm over the elbow joint. ii. incised wound of size 1" x ¾” x ½” on the head in front of the left ear. iii. incised wound of size 3" x 1 ½” x ½” on the back of the neck. iv. incised wound of size 3" x 1 ½” x 1/4" on the lateral part of left shoulder. v. incised wound of size 3" x 1 ½” x 1" on the left shoulder. vi. incised wound of size 3" x 1 ½” x 1" on the left side of back. iv. incised wound of size 3" x 1 ½” x 1/4" on the lateral part of left shoulder. v. incised wound of size 3" x 1 ½” x 1" on the left shoulder. vi. incised wound of size 3" x 1 ½” x 1" on the left side of back. On disSection he found fracture of 6th and 7th ribs on the left side with laceration of left side lungs. He has opined that the cause of death was due to shock and haemorrhage, the time of death was within 18 to 30 hours from the time of his examination, the injuries were ante-mortem in nature and the same are sufficient to cause death of a person in ordinary course of nature. He has deposed in course of trial that the assault is possible by the seized axe (M.O.I.) produced before him for examination. P.W.8 is the Ward Member of the occurrence village, he is also a post-occurrence witness. P.W.9 is also a post occurrence witness. P.W.10 is the investigating officer who in course of investigation has examined the complainant and other witnesses at the spot, prepared the spot map of the place of occurrence, when he came to know that the culprit is the father of the informant, he searched for him but he was found absent in his house, subsequently he has surrendered before the police on the same day at about 10.15 P.M. where he has admitted to have committed murder of his deceased wife by means of an axe, accordingly he arrested the appellant and seized his wearing apparels and prepared seizure list in presence of witnesses. The said seizure list has been marked as Ext. 7. The wearing apparel of the appellant includes one old checked lungi having blood stain on it, marked as M.O.IV. On the next morning he held inquest over the dead body and prepared inquest report in presence of witnesses under Ext. 4 then he dispatched the dead body to S.D. hospital, Champua for post mortem examination. He also seized blood stained earth and sample earth from the spot and prepared seizure list. He found the weapon of offence (axe) lying at the spot which was sent to the hospital along with the dead body. 4. The seized articles have been sent for its chemical examination before the forensic laboratory. He also seized blood stained earth and sample earth from the spot and prepared seizure list. He found the weapon of offence (axe) lying at the spot which was sent to the hospital along with the dead body. 4. The seized articles have been sent for its chemical examination before the forensic laboratory. The examination report of forensic examination report has been perused by this Court showing the result of examination of Saya, Saree, Budia, Lungi, sample earth, blood stained earth, sample blood & nail clippings. The result of examination regarding Saya, Saree, Budia, Lungi and Earth has been found to be stained with blood of human origin of ‘A’ blood group. The report of biology and serology examination of medicolegal exhibits have been perused by this Court, the same is in corroboration with the examination report given by the Director, Chemical Examiner, Government of Orissa wherein also the seized articles were found to be stained with blood of human origin of ‘A’ group. The examination report given by; the Director, Chemical Examiner contains reference of ‘Budia’ which is known in English as axe and the blood stained with the ‘Budia’ has been found to be of human origin with ‘A’ group which is exactly same to that of the blood group of deceased. It is in the light of these factual backgrounds which have been surfaced by the investigating officer in course of investigation, the legality and propriety of the judgment impugned is to be seen by this Court. 5. Learned counsel appearing for the appellant has submitted that there is no eye witness of the occurrence, the offence is totally based upon circumstantial evidence and it is settled that if there is missing of chain, the conviction will not be held to be proper. This Court, in order to examine the argument advanced on behalf of the appellant as to whether there is missing of chain or not, has appreciated the deposition of witnesses, place of occurrence, the post mortem examination report and the chemical examination report of the seized articles. It is evident from the materials available on record that there is no eye witness to the occurrence. The informant is the younger son of the deceased alleging allegation of commission of murder against his father who happens to be in illicit relationship with one another lady of the local village. It is evident from the materials available on record that there is no eye witness to the occurrence. The informant is the younger son of the deceased alleging allegation of commission of murder against his father who happens to be in illicit relationship with one another lady of the local village. It has come in course of investigation that due to such illicit relationship with another lady the mother and father of the informant used to quarrel regularly. It is also evident that in the house there were two rooms, in one room the mother and father remains and in other room the brother and sister shares. At the time of occurrence when P.W.1 was going out, he has seen that his father in the house was doing some cleaning work and when he was outside, he was informed by P.W.2 who happens to be his younger brother that their mother has been killed by their father. When both the brothers came to their house, they found that the house was locked form outside, they opened the door, gone inside and found that their mother was lying on the floor of the kitchen with pool of blood and one axe was lying besides the dead body. Both the brothers immediately have informed to their uncle, the local villagers and ultimately the local police. All have come and witnessed the place of occurrence, the dead body, the weapon used for commission of murder but they have not found the appellant, the father of the informant. It has come on record that when P.W. 1 has gone outside the house his father and mother were only there in the house and when he came on being informed by P.W. 2 that their mother has been killed, they found the house was bolted from outside. It has not come that in the house there were other persons also living, rather it has come that it is only a two roomed house, one room used by mother and father and other room used by brothers and sister, the sister was not there. Save and except them there was none in the house. It has not come that in the house there were other persons also living, rather it has come that it is only a two roomed house, one room used by mother and father and other room used by brothers and sister, the sister was not there. Save and except them there was none in the house. When police came, the used weapon of offence, i.e. axe has been seized, the father was searched but not found by the police but subsequently he surrendered at 10.15 P.M. in the same night where he has confessed his guilt and thereafter police has seized his wearing apparels, taken the blood sample, wearing apparels of the deceased, the axe has been seized and sent for its medical examination. The medical examination report suggests that the blood stained in the axe is of human origin having blood group ‘A’ likewise in the wearing apparels of the appellant it has also blood stains of human origin having ‘A’ blood group. It is the factual position in the case that the blood sample of the deceased was taken and when it was enquired into in the medical examination and compared with the seized articles stained with blood, the blood group tallied. It is, thus, evident that although it is a case of circumstantial evidence, right from the beginning, i.e. the mother and father remains in the house alone, the house was bolted from outside when P.Ws. 1 and 2 reached to their house, when open the house, they found the dead body lying on the floor of the kitchen with an axe lying besides the dead body and the wearing apparels as also the axe were found with blood stains of having ‘A’ blood group which tallied with the blood group of the deceased. In these factual backgrounds it is to be seen that why the sons and daughter will make false complaint against their father, nothing has brought on record by the defence in this regard, rather the prosecution has brought on record the reason/motive to commit murder, i.e. having illicit relationship with one another lady of the village, as such the argument advanced on behalf of the learned counsel for the appellant that there is missing of chain is not correct rather the guilt is proved from the circumstantial evidence added with forensic evidence. 6. 6. In view of these factual backgrounds and when this Court has appreciated the finding given by the trial Court, this Court is of the considered view that passing the judgment of conviction by the trial Court can no way be said improper, rather it is based upon the principle of proving the guilt in the case of circumstantial evidence having corroborated by the sons and sisters of the appellant. 7. In view thereof this Court is of the considered view that the judgment impugned suffers from no infirmity. Accordingly the same is declined to be interfered with. In the result this appeal fails and it is dismissed. Appeal dismissed.