JUDGMENT : Akil Abdul Hamid Kureshi, J. 1. This appeal is filed by the original accused challenging the judgment of the Additional Sessions Judge, Mehsana, in Sessions Case No. 103 of 2010. 2. Brief facts are as under: The appellant, Mehul Patel was a resident of Kadi, Dist. Mehsana and had relations with deceased Mayuri Rameshbhai, a young lady, also a resident of the same village. The relatives of Mayuri had initiated talks for finding out a suitable boy for Mayuri's marriage. The accused had intimate relations with Mayuri and was, therefore, perturbed upon hearing of these developments. On 01.02.2010, Mayuri left her home at about 8 O'clock in the evening for some small errand. She did not return home till quite late. Search by her relatives failed to yield any result. Her dead body was found later near a canal at an isolated place. According to the prosecution, Mehul had taken Mayuri there, subjected her to forcible sexual intercourse and thereafter, killed her by stabbing her several times. Her dead body was set on fire probably to avoid identification. A charge to this effect was, therefore, filed at Exh. 2 against the accused alleging offences punishable under sections 376, 302 and 201 of IPC. The Trial Court acquitted the accused for offences under sections 376 and 201 but convicted him for offence under section 302 and sentenced him to imprisonment for life. Fine was also imposed. This judgment the original accused has challenged in this appeal. The State has not preferred appeal against acquittal. 3. We may record the gist of evidence. P.W. 4, Patel Mahendrabhai Gordhanbhai, Exh. 14, was the uncle of Mayuri and also lived at Kadi. According to his deposition, on the night of incident at about 10 O'clock in the evening, when he was at home, Rameshbhai's son Umang came to his house and informed him that Mayuri had left the house at about 8 O'clock for fetching flour from the village but had not yet returned. He first went to the house of Rameshbhai and then went on the scooter in search of Mayuri but did not find her anywhere. Next day, he had to take his daughter to a doctor at Ahmedabad. He first went to the house of Rameshbhai and then went on the scooter in search of Mayuri but did not find her anywhere. Next day, he had to take his daughter to a doctor at Ahmedabad. While returning from Ahmedabad at about 11:30, he received a call from his nephew to inform that Mayuri had been murdered and her dead body was found near Kadi Jaydevpura Narmada canal. He had gone to the hospital where the dead body was kept. He found that there were multiple stab wounds and the body was also burnt. He then went to the police station and registered his complaint which was produced at Exh. 15. He later on, learnt that it was accused Mehul, who had murdered her. Mehul and Mayuri had a love affair. It was decided to marry Mayuri with Rajeshkumar of Sardhav which Mehul did not like. In the cross examination, he agreed that in the FIR he had stated that Mayuri also had relations with Kalal Haji Usman and Chavda Amit Bhikhubhai alongwith the accused. He clarified that this information was supplied to him by the accused Mehul before he had gone to file FIR. He also agreed that in the FIR, he had not mentioned that Mehul was unhappy about Mayuri's connection with Rajeshkumar of Sardhav. 4. In the FIR Exh. 15, this witness had given similar version of Mayuri going missing from her house after 8 O'clock at night and finding a dead body next day. He had referred to three persons with whom Mayuri had relations and would meet them frequently viz. Kalal Haji Usman, Chavda Amit Bhikhubhai and the accused, Mehul Patel. He had also stated that he had no suspicion about anyone's involvement in the incident. Significantly, in the FIR he had given the mobile number which Mayuri used which was 9904300071. 5. Very similar accounts were given by the other family members of Mayuri, to which, we may make a brief reference. 6. Vasantben Rameshbhai Patel, P.W. 5, Exh. 16, Mayuri's mother also deposed that Mayuri had left the house in the evening at about 7:30 but did not come back. Her dead body was found the next day and that Mayuri had relations with Mehul. Mehul did not like Mayuri to be engaged to Rajeshkumar. 6. Vasantben Rameshbhai Patel, P.W. 5, Exh. 16, Mayuri's mother also deposed that Mayuri had left the house in the evening at about 7:30 but did not come back. Her dead body was found the next day and that Mayuri had relations with Mehul. Mehul did not like Mayuri to be engaged to Rajeshkumar. In the cross examination, this witness agreed that in her police statement she had not mentioned about Mayuri's relations with the accused or the accused being upset about Mayuri likely to get married to Rajeshkumar. 7. Umangkumar Rameshbhai, P.W. 8 Exh. 30 Mayuri's brother also referred Mayuri leaving the house at about 7:30 in evening and not returning and futile search by Mahendrabhai. He also gave Mayuri's mobile number as 9904300071 of Idea mobile. He produced before the Court, a cover of the Idea mobile for the sim card of the said number at Exh. 31. In the cross examination, he agreed that he did not know who had purchased such mobile sim card. 8. Rajeshkumar Amratbhai Patel, P.W. 12, Exh. 38, deposed that talks were going on for his engagement with Mayuri. He was, therefore, in contact with Mayuri on mobile. He himself had a mobile number. Mayuri would usually give a call on his sister Manisha's number which was 9624825685. Mayuri would give a missed call, upon which, he would return the call. According to this witness, on 01.02.2010 between 11 and 11:30 in the morning, there were three calls made by Mayuri from her number 9904300071 on his number 9723431511. He was busy with the office work. He, therefore, could not return the calls. Again at 4 O'clock in the evening, he got a missed call from Mayuri which he returned. The call was received by the accused Mehul. The witness identified himself as Rajeshkumar from Sardhav. Mehul instructed him not to call again. According to the witness, during this time, he could hear the voice of Mayuri in the background. He thought Mayuri and Mehul were fighting. Later on, at 5 O'clock, he got a call from Mehul from his number 8140045448 warning him not to call Mayuri again. Mehul again called from his number 9723727265. He had tried to contact Mayuri between 8 and 8:15 but failed. In the cross examination, he stated that he had never met Mayuri. He thought Mayuri and Mehul were fighting. Later on, at 5 O'clock, he got a call from Mehul from his number 8140045448 warning him not to call Mayuri again. Mehul again called from his number 9723727265. He had tried to contact Mayuri between 8 and 8:15 but failed. In the cross examination, he stated that he had never met Mayuri. The mobile which he used was registered in the name of his employer Bhaveshkumar Rajendrabhai Patel. Mayuri had never mentioned to him about Mehul. 9. Mahendrabhai Nanjibhai Godra, P.W. 10, Exh. 36 was working at Jay Ambe Petrol Pump. According to the prosecution, the accused had purchased petrol from this petrol pump which was used for setting the dead body of Mayuri on fire. He, however, turned hostile and did not support the prosecution. 10. Likewise, Solanki Bhavesh Babubhai, P.W. 14, Exh. 41 also turned hostile and did not support his police statement in which, he had stated to the effect that he had given his election card and photographs to Mehul for obtaining sim card in his name. 11. Dr. Bhaktibhai Varvabhai Prajapati, P.W. 17 Exh. 44 had carried out the postmortem. He was the Medical Officer at CHC, Kadi. In the postmortem note, Exh. 45, he had recorded following injuries:- "Following stab wounds are present on Rt lower chest wall and abdominal wall having following sizes:- Injury No. 1 4 cm x 2 cm No. 2 2 cm x 1 cm No. 3 2 cm x 1 cm No. 4 2.5 cm x 1 cm No. 5 1 cm x 0.5 cm No. 6 3.5 cm x 1.5 cm No. 7 2.5 cm x 1 cm No. 8 2 cm x 1 cm No. 9 2 cm x 1 cm No. 10 2 cm x 1 cm No. 11 3.5 cm x 3 cm No. 12 3 cm x 2 cm No. 13 5 cm x 2 cm No. 14 5 cm x 2 cm No. 15 1.5 cm x 1.5 cm No. 16 2 cm x 1.5 cm No. 17 4 cm x 2 cm All of above 8 wounds are deep upto abdominal cavity injury liver (2), spleen (1) and intestine (5) and other wounds are deep about 1 to 3 cm. Superficial and burns present on the body line of demarcation present on burns and non burns part redness present vesicle formation and burst of vesicle present marks of brassiere and underwear docto burns 50 cm long part of small intestine present outside the abdominal wall coming out from the stab would (No. 17) which is burned and blackish colour hair of head burned burns present on following access of the body forehead, both ears, eyes, nose whole face, throat, chest, abdomen both shoulder Rt. upper arm:- whole burned Fore arm:- Burned except half post upper part Hand:- Whole burned Lt. Upper arm:- Whole burned Fore arm:- Burned except post part Hand:- burned except post part Burns present on back except post part or both gluteal region Rt thigh:- burns Lt leg:- some part burned Lt thigh:- burns Lt. leg:- burns 12. He had found the dead body burnt. The cause of death was due to shock due to injuries to vital organs such as liver, spleen and intestine and also due to burning. The forensic analysis report of the vaginal swab showed presence of semen. He deposed that the external injuries could be caused by muddamal article knife. Learned counsel for the defence would draw our attention to the cross-examination of this witness, in which, he agreed that if there is no ruggedness or bruising around the wound, it would indicate the likely use of a weapon with even edges and in the present case, there was no ruggedness or bruising. 13. The dead body of Mayuri was recovered under panchnama Exh. 13. Panch witness Krushnakant Ramdas Patel, P.W. 3, Exh. 12 supported the prosecution. The scene of incident panchnama was produced at Exh. 25. The panch witness Vinubhai Dayhabhai Patel, P.W. 6 supported the prosecution. According to this witness and the panchnama, the scene of incident was next to a canal, some 250 meters away from the main bridge. The grass and the soil had turned black. Reddish spots of blood were found from the area. 14. Under discovery panchnama Exh. 34, the prosecution had recovered at the instance of the accused, a mobile phone allegedly used by deceased Mayuri. Under this very panchnama, two more mobile phones, supposedly of the accused, were also discovered at his instance. The panch-witness Kiranbhai Umedbhai Patel, P.W. 9, Exh. 32, supported the prosecution. As per the panchnama Exh. 14. Under discovery panchnama Exh. 34, the prosecution had recovered at the instance of the accused, a mobile phone allegedly used by deceased Mayuri. Under this very panchnama, two more mobile phones, supposedly of the accused, were also discovered at his instance. The panch-witness Kiranbhai Umedbhai Patel, P.W. 9, Exh. 32, supported the prosecution. As per the panchnama Exh. 34, the accused led the police party and the panch-witnesses to his own shop in the village. From a drawer inside the shop, he took out two mobiles and one sim card. The Samsung instrument was of deceased Mayuri having IMEI number 358584/03/142562/03. The other one was a Nokia handset with the sim card with number 8140045448. The investigating agency also recovered a sim card of Idea mobile which had a number of 9714515625. 15. Under yet another discovery panchnama Exh. 63, the prosecution discovered at the instance of accused No. 1, various articles, a reference to which, would be made shortly. The panchwitness Jigneshbhai Somabhai Patel, P.W. 23 Exh. 58 supported the prosecution. As per the panchnama, the accused travelled with the police party and panch-witnesses in the vehicle as directed by him and came to Kadi-Vidaj road. At the Narmada main canal, the vehicle was turned left to proceed on kutcha road parallel to the canal. After travelling for about half an hour, the vehicle was stopped and everybody got down and reached the scene of incident. According to the accused, Mayuri's glasses were thrown in the canal but no such article was found from there. The jeep was taken to Laxmipura road near Kadi Civil Hospital where the vehicle was stopped. From the thorny hedge, the accused took out the dupatta of Mayuri which he had thrown there. The dupatta had reddish spot on it. Walking further distance on the road, again from the thorny hedge, the accused took out a ladies sweater of Mayuri. From here they all travelled in the jeep on a kutcha road. Near Adarsh Hospital Highway, the jeep was stopped. The accused got down from the hedge of field, pulled out one white coloured handkerchief which he had used to wipe his hands and discarded there. They all proceeded again in the jeep. They came to Laxaminarayan oil mil compound. From the compound wall after removing some dirt, he took out a knife hidden there. The knife was covered with blood and dust. They all proceeded again in the jeep. They came to Laxaminarayan oil mil compound. From the compound wall after removing some dirt, he took out a knife hidden there. The knife was covered with blood and dust. 16. The prosecution produced the call details of the mobile number of Mayuri 9904300071 at Exh. 49 along with the call details of the mobile number of the accused 8140045448. Examination of these call details would show that well before the date of incident, there were calls exchanged between these two numbers. On the fateful day i.e. 01.02.2010, total 15 calls were made or received on the number which, according to the prosecution, was used by Mayuri. Twelve calls were exchanged between Mayuri's number and the number of accused. One was SMS between the said two numbers and two calls were exchanged between Mayuri's number and that of Rajeshkumar. 17. Various articles collected during the investigation were sent for forensic analysis. The serological report Exh. 86 would show that from the soil collected from the scene of the incident, the shirt of the accused, the dupatta of the deceased, the handkerchief discovered under panchnama Exh. 63 and the knife which was also discovered in the said panchnama showed presence of human blood. It may, however, be recorded that the blood group of the blood recovered from the soil and the knife, could not be ascertained. 18. This in the nutshell is the evidence on record. On the basis of such evidence, learned advocate Mr. Goswami for the petitioner also submitted that the Trial Court committed an error in convicting the accused when the evidence was inconsistent and insufficient. He would highlight that the entire evidence was circumstantial in nature and the chain of proved circumstances did not point out to the involvement of the accused. Counsel contended that the investigation was not carried out with respect to the possible involvement of Kalal Haji Usman and Chavda Amit Bhikhubhai, the other two friends of Mayuri. Counsel submitted that the knife recovered had rough edges at the base. Looking to the evidence of the doctor carrying out postmortem this knife could not have been used for the commission of the offence. Blood group of the deceased was not established. It would, therefore not be correct to state that blood of Mayuri was found from the knife or the clothes of the accused. 19. Looking to the evidence of the doctor carrying out postmortem this knife could not have been used for the commission of the offence. Blood group of the deceased was not established. It would, therefore not be correct to state that blood of Mayuri was found from the knife or the clothes of the accused. 19. On the other hand, learned APP Ms. Shah opposed the appeal contending that all factors pointed unerringly to the involvement of the accused. He had the motive and opportunity to commit the offence. The mobile call details and the movement of the accused would suggest that he had done away with Mayuri finding that she is likely to be married somewhere else. Learned public prosecutor would place reliance on the discoveries of various articles. 20. The case undoubtedly rests on circumstantial evidence. In such a case, conviction of the accused can be recorded only if the proved circumstances form a complete chain unerringly pointing to the involvement of the accused to the total exclusion of any other theory to the contrary. We may first ascertain the proved circumstances and then decide whether such circumstances form a complete chain. 21. These circumstances are as under: A. The accused and the deceased both were young and had great familiarity. Both lived in the same village and, by all accounts, knew each other, rather intimately. In the FIR itself Mayuri's uncle had referred to Mayuri's relations with three boys, one of them was the accused. It is true that in the FIR, the complainant had not raised any suspicion on any particular person. However, this was natural since as soon as he learned about the death of his relative, he lodged the FIR. At this stage, obviously he did not have any reason to suspect any particular person. This, however, does not take away the fact that Mayuri and Mehul not only knew each other, but also had romantic relations. Their call details before and on the date of the incident would bear the testimony of this. We may recall, as many as twelve calls were made between Mayuri's number and that of the accused. The fact that Mayuri used mobile sim card with the number 9904300071 was established on record. In the FIR itself the complainant had given this number to the police. The FIR was filed without any delay. We may recall, as many as twelve calls were made between Mayuri's number and that of the accused. The fact that Mayuri used mobile sim card with the number 9904300071 was established on record. In the FIR itself the complainant had given this number to the police. The FIR was filed without any delay. The complainant had no reason to fabricate this detail. Further Mayuri's brother Umang, P.W. 8 Exh. 30 also referred to this telephone number and produced at Exh. 31, a cover of Idea mobile company for issuance of this mobile sim card. The sim card with number 8140045448 was found from the possession of the accused and discovered under panchnama Exh. 34 at his instance from his grocery shop in the village. B. The mobile instrument of Mayuri was found from the possession of the accused, as can be seen from panchnama Exh. 34. C. On the night of the incident, Mayuri left her home between 7:30 and 8 in the evening for fetching flour. Since she did not return for a long time, her family members had started her search. P.W. 4, Mahendrabhai Patel, uncle of Mayuri in fact went on his scooter and look around but Mayuri was not found all throughout the night. Her dead body was next day spotted from an isolated place near the Narmada canal. D. While on one hand Mayuri had relations with Mehul, her family members were looking for a suitable boy for her marriage. This has been so stated by witnesses Mahendrabhai Patel, P.W. 4, Mayuri's mother Vasantben, P.W. 5 Exh. 16 and Mayuri's brother Umang, P.W. 8 Exh. 30. The prosecution also examined prospective groom i.e. Rajeshkumar, P.W. 12, Exh. 38. He deposed that the talks of engagement between him and Mayuri were going on. Though he never met Mayuri, they were in touch with each other on phone. Mayuri would either give a missed call or contact him on his sister's mobile number. On the date of the incident, Mayuri had tried to contact Rajeshkumar on couple of occasions. He could not answer the calls immediately because he was held up with the office work. When finally he tried to call Mayuri at about 4 O'clock in the evening, the phone was received by Mehul, who instructed him not to call Mayuri. He tried to call Mayuri at 8 O'clock but failed. He could not answer the calls immediately because he was held up with the office work. When finally he tried to call Mayuri at about 4 O'clock in the evening, the phone was received by Mehul, who instructed him not to call Mayuri. He tried to call Mayuri at 8 O'clock but failed. Though we may not accept the entire version of this witness, the fact remains that he was yet another witness who pointed out that Mayuri's family was looking for a suitable match for her and that the talks were at an advanced stage. This would be in corroboration to the testimony of the family members of Mayuri, who had deposed this fact. E. At the instance of the accused, some significant discoveries were made, as recorded in panchnama Exh. 63. The articles discovered included the dupatta worn by Mayuri, her sweater, a handkerchief, which according to the prosecution, the accused had used for wiping his hand after washing them and the knife used for commission of the offence. All these articles were found from an isolated forsaken place from thorny hedges or buried in the burrow of a wall. The places from where these articles were found were scattered all around Kadi village. The accused, according to the panch-witness and the panchnama led the police to these spots from where the articles were recovered. It was thus, within the exclusive knowledge of the accused where these articles would be found. F. The shirt of the accused, his handkerchief, dupatta of the deceased and the knife all showed presence of human blood. It is true that the blood group of the deceased could not be ascertained. 22. From the above circumstances, we can gather that the accused had the motive and also the opportunity to commit the offence. The manner, in which, Mayuri left her house and the dead body found from a far away isolated place where apparently, she was also subjected to sexual intercourse, would establish that she had accompanied the culprit voluntarily. There was no evidence, in fact, not even the suggestion of the prosecution that Mayuri was forcibly taken away from the village. After Mayuri left her home, she was thus taken to an isolated spot where she and the present accused, who brought her there, had physical relations. Mayuri had thus accompanied a person intimately known to her. 23. There was no evidence, in fact, not even the suggestion of the prosecution that Mayuri was forcibly taken away from the village. After Mayuri left her home, she was thus taken to an isolated spot where she and the present accused, who brought her there, had physical relations. Mayuri had thus accompanied a person intimately known to her. 23. From the facts and attendant circumstances, we believe the prosecution version that Mehul and Mayuri had an affair. While thus on one hand the accused had close relations with Mayuri, the family of Mayuri had commenced the efforts for finding out a suitable boy for her. The talks were at an advanced stage when Rajeshkumar Patel of Sardhav was identified. Rajeshkumar and Mayuri were also in touch and would some time speak to each other on phone. The suggestion of the prosecution that this would have surely upset Mehul is thus, a valid and legitimate one. We are prepared to discard the version of Rajeshkumar that when he called Mayuri's number, Mehul received the phone and threatened him not to call again. However, one does not need any direct proof of Mehul feeling rather upset about Mayuri likely to be married off to somewhere else. 24. By all accounts Mayuri was first taken to an isolated place where the couple had intercourse after which she was stabbed multiple times all over the body. Her dead body was then set on fire. All these are clear indications of the present one being a crime of passion. 25. Various discoveries made at the instance of the accused are also extremely significant. In the first discovery panchnama Exh. 34, the prosecution at the instance of accused No. 1, recovered the mobile phone of deceased Mayuri from the shop of the accused. Under discovery panchnama Exh. 63, the prosecution discovered various articles belonging to Mayuri and the accused including the murder weapon knife. These discoveries, as noted above, were significant and entirely believable since they were found from different places usually away from human movements and would be known only to the person who would have kept or hidden the object there. 26. We are unable to accept the argument of Shri Goswami that the knife recovered was not the murder weapon since it had rough edges at the base. 26. We are unable to accept the argument of Shri Goswami that the knife recovered was not the murder weapon since it had rough edges at the base. The knife if at all had ruggedness edges not on the entire blade on both sides but only at the base. How deep the knife was penetrated into the body would decide whether the wounds have ruggedness or bruising. 27. The conviction and sentence of the accused is therefore, confirmed. Appeal is dismissed. R & P to be transmitted back to the concerned Trial Court.