JUDGMENT Mr. Manoj Kumar Garg, J. - These three appeals have been preferred by the accused-appellants Under Section 374 (2) Cr.P.C., 1973 against the judgment dated 23.06.2006 passed by Additional Sessions Judge, Nathdwara, District Rajasamand in sessions Case No. 4/2005 by which the learned Judge convicted the accused-appellants as under:- 1. under section 302 IPC read with 149 IPC-Life Imprisonment with a fine of Rs. 2000/-, in default of payment of fine, to further undergo one year additional imprisonment. 2. under section 396 IPC-Life Imprisonment with a fine of Rs. 2000/-, in default of payment of fine, to further undergo one year additional imprisonment. 3. under section 397 IPC-Life Imprisonment with a fine of Rs. 2000/-, in default of payment of fine, to further undergo one year additional imprisonment. 4. under section 412 IPC-Ten years R.I, and a fine of Rs. 2000/-, in default of payment of fine, to further undergo one year additional imprisonment. 5. under section 460 IPC-Ten years R.I, and a fine of Rs. 2000/-, in default of payment of fine, to further undergo one year additional imprisonment. All the sentences were ordered to run concurrently. 2. The brief facts of the case are that PW/2 Bhuri Lal complainant filed a written report before the Police Station Khamnore District Rajasamand in which he has mentioned that "today i.e. on 25.10.2004 my wife informed me in the morning at about 7.30-8 AM, somebody has killed Ratan lal in the night. I went there and saw that the gate was open and blood was lying there. Ratan lal had received neck injury and the dead body of Ratan lal was lying, he saw the dead body of Basanti who is wife of Ratan lal and she had also received neck injury. On previous night some unknown person entered in their house and killed both of them. The written report is marked as Ex.P/14 and in pursuance of the written report, FIR Ex. P/76 was registered at the police station Khamnore District Rajasamand. 3. The police started investigation and arrested four accused persons namely Bhagwan Das, Lal Das, Pushkar Das and Udai lal @ Billo on 26.10.2004 and arrested accused Dalu on 28.10.2004. After the arrest of these accused, police recovered gold ornaments as well as coins from all the accused-appellants. The police also recovered blood stained clothes from all the accused persons. 3. The police started investigation and arrested four accused persons namely Bhagwan Das, Lal Das, Pushkar Das and Udai lal @ Billo on 26.10.2004 and arrested accused Dalu on 28.10.2004. After the arrest of these accused, police recovered gold ornaments as well as coins from all the accused-appellants. The police also recovered blood stained clothes from all the accused persons. The police recovered one blood stained knife from Bhagwan Das and one rope (Rassi) which was also blood stained. After thorough investigation, the police filed a challan against the five accused-appellants before the Court of Judicial Magistrate First Class Nathdwara. Later on this case was transferred to the court of Additional Sessions Judge, Nathdwara where the charges of the accused were framed against all the accused-appellants. 4. The prosecution examined as many as 32 witnesses in all and 94 documents were exhibited. Thereafter statements of accused under section 313 Cr.P.C., 1973 were recorded wherein he denied the charges and claimed a trial. 5. On the defence side, statement of DW/1 Sohan Singh and Dw/2 Hangami Das were recorded. 6. After conclusion of the trial, the learned Additional Sessions Judge Nathdwara vide his Judgment dated 23.06.2006 convicted the accused-appellants as mentioned earlier. 7. The learned counsel for the appellants submits that this is a case of blind murder and there is no motive on the part of the accused-appellants to kill both the deceased. It is further argued that the recovery of gold ornaments and coins was not properly matched when the identification parade was held. Likewise the recovery of clothes as an evidence was also very much doubtful because when police arrested the accused persons, they were wearing the blood stained clothes. It is not possible that the accused appellants wore those clothes up to the next day of the occurrence in a blood stained condition. The learned counsel further argued that the weapon of offence was recovered only from Bhagwan das and no weapon was recovered from any of the other accused appellants. Learned counsel for the appellants relied upon the following judgments:- 1. D.B. Cri. Appeal No. 646/2006 (Udailal vs. State of Rajasthan) 2. D.B. Cri. Appeal No. 833/2008 (Narayan vs. State of Rajasthan) 3. AIR 1984 SC 1622 (Sharad Birdhichand Sarda vs. State of Maharashtra) 8. Learned counsel for the appellants relied upon the following judgments:- 1. D.B. Cri. Appeal No. 646/2006 (Udailal vs. State of Rajasthan) 2. D.B. Cri. Appeal No. 833/2008 (Narayan vs. State of Rajasthan) 3. AIR 1984 SC 1622 (Sharad Birdhichand Sarda vs. State of Maharashtra) 8. Per contra, learned counsel for the state argued that this is a gruesome double murder and after the arrest of accused-appellants immediately police recovered blood stained clothes from each appellant. The police also recovered gold ornaments and coins from the possession of the accused appellants and the gold ornaments were identified by PW/27 Smt. Shanta who is close relative of the deceased. The blood stained clothes were sent to FSL and according to FSL report Ex.P/93 the blood group was found to be the same Group of the deceased''s blood. He further urged that blood stained knife was recovered from the accused Bhagwan das and according to the FSL report Ex.P/93 the blood Group was matched with the blood of deceased. One rope was also recovered from the possession of accused appellant Bhagwan Das and small piece of rope was recovered from the dead body of Basanti and both ropes were sent to the FSL and according to the FSL Ex.P/94 that rope also matched, so this is a well proved case against the accused appellants and the appeal deserves to be dismissed. 9. Heard learned counsel for the appellants as well as learned counsel for the state and gone through the record of the case. 10. Apparently, this is a case of circumstantial evidence and there was no eye-witness in this case. All the accused-appellants were arrested on 26.10.2004 except one accused Dalu who was arrested on 28.10.2004. Recovery of Clothes: 11. The first circumstance is the recovery of clothes. When police arrested accused Lal Das, one blood staind "Dhoti" was recovered from his possession. The recovery witnesses are Morari lal PW/7 and Magda Ram PW/8 and both these witnesses verified this fact that when accused Lal Das was arrested at that time he was wearing one blood stained "Dhoti" which was recovered by the Police. According to the FSL report Ex.P/93 the blood Group was found to be of the same blood Group of the deceased''s blood. 12. The appellant Pushkar was arrested on 26.10.2004 on the same day and a blood stained "pant" was recovered from him which is marked Ex.P/20. According to the FSL report Ex.P/93 the blood Group was found to be of the same blood Group of the deceased''s blood. 12. The appellant Pushkar was arrested on 26.10.2004 on the same day and a blood stained "pant" was recovered from him which is marked Ex.P/20. The recovery witnesses Morari lal PW/7 and Magda Ram PW/8 both the witnesses verified about recovery of "pant" from the possession of accused-appellant. According to the FSL Ex.P/93 the blood Group of blood found on the pant was found to be same as the deceased''s blood Group. 13. The accused-appellant Udai Lal was arrested on 26.10.2004 and on the same day one blood stained "shirt" and one "pant" were recovered from him. The recovery witnesses are Morari lal PW/7 and Magda Ram PW/8 who verified about the recovery of shirt and pant. Both the articles were sent to FSL and according to the FSL report Ex.P/93 the blood Group was found to be of same blood Group which was of deceased. 14. Accused Bhagwan Das was arrested on 26.10.2004 and at the time of the arrest, one blood stained "shirt" was recovered by the police. The recovery witnesses are Morari lal PW/7 and Magda Ram PW/8 and both these witnesses verified the recovery of shirt. That blood stained shirt was sent to FSL. According to FSL report Ex.P/93, the blood Group matched with the deceased''s blood Group. 15. Accused Dalu was arrested on 28.10.2004 and in pursuance of the information one blood stained "Jacket" was recovered by the police which is marked Ex.P/52. The independent recovery witnesses are PW/16 Madhav and PW/23 Heera lal. Both these independent witnesses verified the fact of recovery. This blood stained "Jacket" was sent to FSL and according to FSL report Ex.P/93 the blood Group is the same group which is of the deceased''s blood Group. 16. So on recovery of blood stained clothes, the blood was found to be of the same Group which is of the deceased''s blood Group, this verifies the fact that the accused-appellants entered the house and committed the murder of Ratan lal and Basanti Devi. Thus the evidence of recovery of clothes proves to be against the defence. Recovery of Gold Ornaments and Coins: 17. Thus the evidence of recovery of clothes proves to be against the defence. Recovery of Gold Ornaments and Coins: 17. On the basis of information given by the accused-appellant Lal Das to the police in pursuance, gold and silver ornament and coins were recovered by the police which is Ex.P/58. 18. The independent recovery witnesses are PW/17 Rai Singh and PW/18 Fateh Lal. Both the witnesses verified about the recovery of the gold and silver ornaments as well as coins. The identification parade was held and Smt. Shanta Bai PW/27 identified all these articles before Karyapalak Magistrate (Tehsildar) Nathdwara. The Tehsildar Rameswar Meena was examined as PW/32 and verified that in his presence the identification was done by Smt. Shanta Bai PW/27. 19. After the arrest of the accused appellant Pushkar Das, as per his information to the police, silver ornaments and some coins were recovered vide recovery memo which is marked as Ex.P/61. The identification of these articles was held which is marked Ex.P/68 and PW/27 Shanta Bai identified the articles before the presence of Karyapalak Magistrate Shri Rameshwar Meena PW/32. 20. After the arrest of the accused-appellant Udai Lal and in pursuance of information given by him, some gold and silver ornaments as well as coins were recovered from his possession which is marked Ex.P/50. The independent witnesses are PW/16 Madhav lal and PW/23 Heera lal who verified about these recovered articles. The identification of these articles were carried by PW/27 Smt. Shanti and report of the identification is marked Ex.P/64 before the presence of Karyapalak Magistrate (Nathdawara). The Tehsildar Rameshwar Meena PW/32 examined and verified about the identification. 21. After the arrest of the accused-appellant Bhagwan das, he gave an information before the police in pursuance of which some gold and silver ornaments as well as coins were recovered. The recovery memo is shown as Ex.P/55. The recovery witnesses PW/17 Rai Singh and PW/18 Fateh lal both verified about the recovery of these articles. The identification of these articles was done by PW/27 Shanta Bai and identification of these articles were done which is marked as Ex.P/66 before the Karyapalak Magistrate (Nathdawara). The Tehsildar Rameshwar Meena PW/32 was examined and he verified about the identification in his presence. 22. The identification of these articles was done by PW/27 Shanta Bai and identification of these articles were done which is marked as Ex.P/66 before the Karyapalak Magistrate (Nathdawara). The Tehsildar Rameshwar Meena PW/32 was examined and he verified about the identification in his presence. 22. After the arrest of accused Dalu and upon his information also, gold and silver ornaments as well as some coins were recovered from the appellant Dalu which is marked Ex.P/53. The independent recovery witnesses are PW/16 Madhav and PW/23 Heera Lal. Both the independent witnesses verified about these recovered articles. These articles were identified by PW/27 Shanti Bai and the identification memo is Ex.P/65 in the presence of Karyapalak Magistrate (Nathdawara). The Tehsildar Rameshwar Meena PW/32 was examined and he verified the fact that the identification was done in his presence. So, the recovery and identification of gold & silver ornaments & coins confirms the case of prosecution. Recovery of Knife: 23. After the arrest of accused Bhagwan Das, he gave an information and in pursuance of information, a blood stained knife was recovered by the police which is marked Ex.P/48. The independent Motbirs PW/14 Manohar lal and PW/24 Manohar Singh both the witnesses verified recovery of blood stained knife. The knife (Chaku) was sent to the FSL and according to the FSL report Ex.P/93 the blood Group found was of the same Group which is of the deceased. So, this knife was also very much connected with the crime. Recovery of Rope: 24. After the arrest of accused Bhagwan Das, he gave an information to the police and in pursuance of the information one piece of rope was recovered from his possession which is marked Ex.P/56. The independent Motbirs of these recovery are PW/17 Rai Singh and PW/18 Fateh Lal. Both these witnesses verified the fact of recovery of piece of rope. One small piece of same rope was recovered from the dead body of Basanti (deceased). Both these ropes were sent to the FSL and according to the FSL report Ex.P/94, the two pieces of rope are similar, which shows that the recovery of rope was also connected with this crime. 25. According to the statement of PW/10 Dr. One small piece of same rope was recovered from the dead body of Basanti (deceased). Both these ropes were sent to the FSL and according to the FSL report Ex.P/94, the two pieces of rope are similar, which shows that the recovery of rope was also connected with this crime. 25. According to the statement of PW/10 Dr. Chandra Prakash, he conduced the postmortem of Ratan lal and the report is Ex.P/15 in which he found following injuries:- Cut throat wound 6 X 2 X 2 Inch horizontal above the adam apple cutting through the vital vessels of esophagus and trachea. 26. The cause of death as opined by the doctor is due to hemorrhagic shock caused by injury on the neck. 27. He has also conducted the autopsy report of Smt. Basanti which is marked Ex.P/16 and the cause of death is shown to be asphyxia caused by strangulation. So both the deceased expired due to the injuries and strangulation. So this is a case of homicidal murder. 28. Learned counsel for the appellants relied upon the case of Sharad Birdhichand (supra), however, we are of the opinion that the judgment cited by learned counsel for the accused appellants in the case of Sharad Birdhichand (supra) supports the case of the prosecution rather then the case of the accused appellants because all the circumstances including the recovery of clothes, weapon, rope, gold and silver ornaments and FSL reports show that the case has been proved by the prosecution beyond reasonable doubt so as to connect the accused appellants with the crime of murder of two persons. It is a case in which the trial Court has thoroughly examined the entire evidence and while accepting the evidence of recovery of the clothes, weapon and other articles to be proved, as per information given by the accused appellants held that accused appellants are guilty for committing offence of murder of two innocent persons and there was motive to loot them. 29. The Hon''ble Supreme Court in the case of Sharad Birdhichand Sarda vs. State of Maharashtra reported in (1984) 4 SCC 116 has enumerated the following golden principles, which reads as under : "(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. 29. The Hon''ble Supreme Court in the case of Sharad Birdhichand Sarda vs. State of Maharashtra reported in (1984) 4 SCC 116 has enumerated the following golden principles, which reads as under : "(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty. (3) the circumstances should be of a conclusive nature and tendency. (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused." 30. Hon''ble Supreme Court in the case of '' Padala Veera Reddy vs. State of Andhra Pradesh reported in 1989 Supp. (2) SCC 706 , has observed that in matters of circumstantial evidence, the evidence must satisfy the following texts:- (1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; (3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and (4) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence. 31. Further in the recent judgment of Kishore Bhadke vs. State of Maharashtra reported in 2017 Crl. 31. Further in the recent judgment of Kishore Bhadke vs. State of Maharashtra reported in 2017 Crl. L.J. 988 , it has been held by Hon''ble Supreme Court in head-note (I) Penal Code (45 of 1860), Sections 300, 364, 120-B-Kidnapping, murder and conspiracy - Circumstantial evidence - Medical evidence proving strangulation and thus, homicidal death - Dispute between deceased and accused in respect of land transaction established by unshattered, corroborated oral evidence - Deceased after meeting with accused not seen elsewhere at later point of time - Circumstances of motive and last seen together established - Discovery of dead body and blood stained cloths by accused -Mere absence of evidence regarding blood group, not fatal - Involvement of accused in crime and factum of conspiracy, established - Concurrent finding about guilt of accused -No interference. 32. The Division Bench of this Court in the case of Jagdish Chandra vs. State of Rajasthan (D.B. Criminal Appeal Nos. 614 and 962/2009) decided on 18.12.2015 has held as under :- "After considering the arguments of learned counsel for the accused appellants and in the light of evidence on record, we are of the opinion that the judgment cited by learned counsel for the accused appellants in the case of Sharad Birdhichand (supra) supports the case of the prosecution rather then the case of the accused appellants because upon every angle, which is recovery of clothes, weapon and FSL report Ex. P/107, it can be said that every circumstance of the case has been proved by the prosecution so as to connect the accused appellants and held them guilty for the charge of murder of two persons. There is no strength in the arguments of learned counsel for the accused appellants that the prosecution has miserably failed to prove its case beyond reasonable doubt, more so, it is a case in which the trial Court has thoroughly examined the entire evidence and while accepting the evidence of recovery of the clothes, weapon and other Articles to be proved as per information given by the accused appellants held that accused appellants are guilty for committing offence of murder of two innocent persons and there was motive to get money from them." 33. The Division Bench of this Court in yet another case of Narayan Lal & Ors. vs. State of Rajasthan (D.B. Criminal Appeal Nos. The Division Bench of this Court in yet another case of Narayan Lal & Ors. vs. State of Rajasthan (D.B. Criminal Appeal Nos. 689, 687, 730 and 785/2008) decided on 01.05.2017 has held as under :- "26. All the weapons, cloths of the accused persons and cloths of the deceased have got "A" group human blood, which have also got matched with the sample soil taken from the place of occurrence as discussed above." "31. All the recoveries have properly linked and verified the circumstantial evidence, since the assault weapons, cloths of the deceased and the cloths of the accused persons have got "A" group human blood and all these circumstances have meticulously corroborated story of the prosecution, wherefore nothing is there to suggest that the learned trial court has committed any error in arriving at the findings, on the basis of the evidence discussed above." "33. So far as, evidence relating to deposit and examination of samples is concerned, it has remained clinchingly established without any breakage, hence prosecution has established its case on reliable and material evidence without any feeblity." 34. The cases of Udailal (supra) and Narayan (supra) relied upon by the appellants do not help in the present case because the facts of those cases are totally different from the case in hand. 35. In view of above discussion and in the light of the law laid by Hon''ble Supreme Court in the case of Sharad Birdichand (supra), we find that the conviction and sentence recorded by the trial Court is based upon sound appreciation of evidence and upon reliable circumstantial evidence to complete the chain of circumstances so as to hold the accused appellants guilty. 36. In the result, all the appeals fail and are hereby dismissed. The conviction and sentence passed by the learned Additional Sessions Judge, Nathdwara, District Rajasamand in Sessions Case No. 4/2005 vide judgment dated 23.06.2006 is hereby upheld.