JUDGMENT : Akil Abdul Hamid Kureshi, J. 1. Criminal Appeals No. 584 and 594 of 2012 are filed by the original accused Nos. 2 and 1 respectively challenging the judgment of the Additional Sessions Judge, Gandhinagar dated 07.03.2012 in Sessions Case No. 17 of 2009. By the said judgment, the learned Judge was pleased to convict both the accused for offences under section 302 read with section 34 and sections 201 and 120B of the Indian Penal Code. The learned Judge sentenced both the accused to life imprisonment and imposed fine of Rs. 10,000/- for offences punishable under section 302 read with sections 34 and 120B of IPC. For the offence punishable under section 201 of IPC, they have been sentenced to rigorous imprisonment for three years and imposed fine of Rs. 2000/-. 2. Briefly stated, the prosecution version was that deceased Krunal Pancholi had friendly relations with accused No. 2, Megha Pramodbhai Shah. He had filmed Megha with himself in extremely compromising position. Accused No. 2 also had close relations with accused No. 1, Chirag Kishorebhai Rana. Megha had been pleading with Krunal to delete the recordings. Krunal instead of acceding to the request threatened to make it public. In order to eliminate Krunal, therefore, Megha and Chirag hatched a conspiracy. On 18.08.2008, Megha called Krunal to her house in the afternoon at about 01.30 where Chirag was already hiding with a knife. Once Krunal entered Megha's house, Chirag gave as many as 22 knife blows on his chest and stomach causing his death. The two accused thereafter put the dead body into a plastic bag, carried it on the Activa of the deceased himself and then disposed of the dead body at an isolated place. They also tried to burn it with the help of petrol and later on discarded the Activa at an isolated place in the outskirts of the city of Ahmedabad. A charge was, therefore, framed at Ex. 12 alleging that the accused had committed offences punishable under sections 302, 201 read with sections 120B and 34 of the Indian Penal Code. 3. Kaushikkumar Babulal Pancholi, P.W. 3, Ex. 33, the father of deceased Krunal deposed that his son Krunal was working in a company called Johnson Infotech. He had obtained degrees of B.Com and Networking Engineering. His office was situated at Shahjanand Arcade, Helmet Circle, Manav Mandir, Ahmedabad. His office started at 9 O'clock. 3. Kaushikkumar Babulal Pancholi, P.W. 3, Ex. 33, the father of deceased Krunal deposed that his son Krunal was working in a company called Johnson Infotech. He had obtained degrees of B.Com and Networking Engineering. His office was situated at Shahjanand Arcade, Helmet Circle, Manav Mandir, Ahmedabad. His office started at 9 O'clock. There was no fixed time for his return. Krunal used to use two mobile phones, one Virgin Mobile and the other Idea mobile. He also had a personal laptop and an Activa scooter with registration No. GJ1-FS-640. 3.1 On 18.08.2008, at about 7 O'clock in the evening, when he was at home, his daughter Palak told him that their neighbour Ramanbhai had received a phone call from Krunal's office conveying that Krunal had left the office in the afternoon to return after ten minutes but had not returned after that. He had left his laptop, lunch box and Nokia mobile and that he should therefore come and collect these things because the office is to be closed or else he can collect them next day. He waited till 09.30 pm because Krunal often used to do private work and return home late. After that, they started inquiring with friends and relatives. They also tried to call Krunal on his company phone of Virgin but there was no response. They waited till 12.30 am thinking he might have gone for a late night film show. At 12.30 am, they contacted Krunal's friend Jigar who in turn inquired with Krunal's other friends. At 01.30 am, they went to the police station and lodged a missing person's report. The police asked them to wait for one day. Next day, he went to Krunal's office and collected the lunch box, laptop and Nokia mobile phone. 3.2 On 21.08.2008, his brother-in-law received a phone call for reporting before the Adalaj Police Station. Next day early morning, he and his other relatives went to Adalaj Police Station where the police informed them that an unclaimed dead body has been found. The police showed them the clothes and other things collected from the dead body which were a part of a burnt shirt and pant, a belt and a rakhi. From these articles, he could state that they were of his son. The shirt collar had the mark of Aakar Tailors, Memnagar. The police showed them the clothes and other things collected from the dead body which were a part of a burnt shirt and pant, a belt and a rakhi. From these articles, he could state that they were of his son. The shirt collar had the mark of Aakar Tailors, Memnagar. The pant was of off-white colour with dark maroon linings, the belt was black with a steel buckle, the rakhi had Ganpati symbol with diamonds studded on it. The family thereafter claimed the dead body. The police collected the laptop and CDs of the deceased. 3.4 In the cross-examination, he agreed that the body was in a highly decomposed condition and it was therefore not possible to identify the body. He, however, clarified that he could identify his son from the belongings such as clothes, rakhi, belt and his body structure. He also stated that he and his son both used to get their clothes stitched by the same tailor i.e. Aakar Tailors, Memnagar. He knew Megha since he had family relations with her family since the year 1991 but did not know whether his son had any love affair with anyone. 4. The dead body of Krunal was first brought to the notice of the police by one Babuji Ramtuji Thakore. He was also the first informant who had filed FIR, Ex. 28. In his deposition, he stated that he was a resident of village Tarapur. He was the Sarpanch of the village. On 21.08.2008, when he was at his house, a boy from the village, Maganji Jivanji Thakore came and told him that when he had gone to answer nature's call near a ditch, he could smell foul smell. When Maganji went closer he found that in the ditch, a dead body of a man was lying. Babuji, therefore, went to the spot along with other people and found that a dead body was thrown in the ditch covered in a plastic lined jute bag. A portion of the bag was burnt. He, therefore, informed Adalaj Police Station where his FIR, Ex. 28 was recorded. 5. Jayeshkumar Nathalal Patel, P.W. 4 was at the relevant time working as a Technical Head of Johnson Infotech, the company where Krunal was employed. He deposed that Krunal was working under him in the said company. A portion of the bag was burnt. He, therefore, informed Adalaj Police Station where his FIR, Ex. 28 was recorded. 5. Jayeshkumar Nathalal Patel, P.W. 4 was at the relevant time working as a Technical Head of Johnson Infotech, the company where Krunal was employed. He deposed that Krunal was working under him in the said company. Krunal had come for work at 10 O'clock on 18.08.2008 and had left the office at about 01.30 pm. He had a meeting at about 12.30 pm. During such meeting, Krunal had come in the room at about 01.30 pm and taken the company's mobile out for talking and returned after about 15 minutes. Krunal did not return to the office till about 08.30 pm. His laptop, lunch box and mobile phone were still lying in the office. From his phone they could speak to his neighbour Ramanbhai and Ramanbhai was informed about Krunal not returning. Later on, the police had come for investigation during which one of the employees had revealed that Krunal had received a phone call on his mobile at about 01.15 pm. Almost immediately after that he had borrowed the company mobile from him. He was shown the mobile call details from which he stated that the incoming number on Krunal's phone at 01.15 pm was the same on which Krunal had called from his company phone couple of minutes later. Nothing substantial has come out from the cross examination of this witness. 6. Hardik Jayantibhai Patel, P.W. 5, Ex. 38 was Krunal's colleague in his office. He was holding the Administrator's post. He also deposed that Krunal had left the office in the afternoon of 18.08.2008 but did not return to the office till late in the evening. 7. Jagrutiben Pradipbhai Shah, P.W. 6, Ex. 41 was also Krunal's colleague. Krunal used to occupy a table right next to her. According to her, Krunal had received a phone call at about 12 O'clock in the afternoon after which Krunal had left the office. 8. Bhavesh Thakore, P.W. 7, Ex. 42 was a peon at the office where Chirag Rana - accused No. 1 was working. He deposed that he was working as a peon in Kunvarji Finstock Pvt. Limited since three years. Chirag Rana was working in the said office as Compliance Officer. On the date of the incident, Chirag had received a phone call in the afternoon. 42 was a peon at the office where Chirag Rana - accused No. 1 was working. He deposed that he was working as a peon in Kunvarji Finstock Pvt. Limited since three years. Chirag Rana was working in the said office as Compliance Officer. On the date of the incident, Chirag had received a phone call in the afternoon. Chirag had left the office in the afternoon and returned after a couple of hours. When he returned, Chirag was wearing different clothes from which he was wearing in the morning. When Chirag returned, madam Poonamben had scolded him for returning late. In the cross examination, however, he stated that he could not state with certainty if Chirag's clothes were changed when he returned. 9. Ityeshara Nidhin Mehta, P.W. 8, Ex. 44 was also Chirag's colleague. She also reported that Chirag had left the office in the afternoon but returned only at about 05.30 in the evening. She also stated that Chirag's clothes were changed but in the cross examination clarified that she could not be sure about this fact. 10. Himanshu Laxmikant, P.W. 9, Ex. 45 was also Chirag's colleague. He also reported that Chirag had left the office for long hours and returned with new set of clothes. In the cross examination, he stuck to his version and unlike other two witnesses did not oscillate on the question of change of clothes. 11. Poonamben Lakshmandas Tarvani, P.W. 12, Ex. 54, Chirag's immediate boss in his office is an important witness. She deposed that Chirag was working in the office as a Compliance Executive. On 18.08.2008, citing urgent nature of work, Chirag had left the office between 01.00 and 01.30 pm promising to return after half an hour. He, however, returned after 05.00 pm to the office. At about 04.00 or 04.30 pm, she had called Chirag on his mobile from her mobile phone for inquiring why he had not returned for so long. Chirag apologized and promised that this would not be repeated. She was specific that when he returned, Chirag's clothes were changed. 11.1 In the cross examination, she stated that except for her dental treatment for which she left for about one and half hour, she was at the office throughout during the day. She was specific that Chirag had changed his clothes when he returned to the office. 12. Dr. Rajeshkumar Bhikhabhai Patel, P.W. 1, Ex. 11.1 In the cross examination, she stated that except for her dental treatment for which she left for about one and half hour, she was at the office throughout during the day. She was specific that Chirag had changed his clothes when he returned to the office. 12. Dr. Rajeshkumar Bhikhabhai Patel, P.W. 1, Ex. 21, had carried out the post mortem of the dead body. He was working as a Medical Officer at Sughad Primary Health Center. On 21.08.2008, he was called at Gandhinagar Civil Hospital for conducting post mortem. He along with Dr. B.M. Patel, Medical Officer, Civil Hospital, Gandhinagar had carried out the post mortem. The dead body was with a maroon coloured shirt, a grey coloured pant with a belt. On the right hand, there was a red coloured rakhi. The body was in a highly decomposed condition. The clothes were partially burnt. The entire body was covered with worms. In the post mortem note he had recorded the following external injuries : "(1) 3 x 1 cm oblique stab wound on anterior aspect of left chest 1 cm below the lateral end of clavicle margins are sharply cut and inverted. Lower angle acute upper broad directed downward laterally. (2) 3 x 1 cm oblique stab wound on anterior aspect of left chest 2 cm below the medial end of clavicle directed downward laterally. Margins are sharply cut and inverted. Lower end angle acute. Upper broad. (3) 2.5 cm x 0.5 cm oblique stab wound on anterior aspect of Rt. Chest 3 cm below the medial end of clavicle directed downward medially. Margins are sharply cut and inverted lower angle acute and upper broad. (4) 3 x 1 cm vertical stab wound on anterior aspect of left chest just left to the midline and 3 cm below the injury No. 2 directed downward laterally. Margin are sharply cut and inverted. Lower angle acute and upper board. (5) 2.5 x 1 cm oblique stab wound on anterior aspect of rt chest 4 cm below the rt nipple directed downward medially. Marigns are sharply cut and inverted. Lower angle acute and upper board. (6) 3 x 1 cm oblique stab wound on anterior aspect of left lower chest just left to the midline and 4 cm below the injury No. 4 directed downward laterally. Margins are sharply cut and inverted. Lower angle acute, upper broad. Marigns are sharply cut and inverted. Lower angle acute and upper board. (6) 3 x 1 cm oblique stab wound on anterior aspect of left lower chest just left to the midline and 4 cm below the injury No. 4 directed downward laterally. Margins are sharply cut and inverted. Lower angle acute, upper broad. (7) 2.5 x 1 cm oblique stab wound on anterior aspect of rt lower chest 2 cm interior lateral to injury No. 5 directed downward medially. Margins are sharply cut and inverted. Lower angle acute, upper broad. (8) 2.5 x 1 cm oblique stab wound on anterior aspect of abdominal wall on midline 1.5 cm below the xiphoid process directed downward medially. Margins are sharply cut and inverted. Upper angle acute, lower broad. (9) 3 x 1 cm oblique stab wound on anterior aspect of abdominal wall 2 cm superiolateral and rt to injury No. 8 directed downward medially. Margins are sharply cut and inverted. Upper angle acute, lower broad. (10) 3 x 1 cm oblique stab wound just 1 cm above the umbilicus on the midline directed downward laterally. Margins are sharply cut and inverted. Lower angle acute, upper broad. (11) 2.5 x 1 cm oblique stab wound just parallel and 3 cm rt to the umbilicus directed downward medially. Margins are sharply cut and inverted. Lower angle acute, upper broad. (12) 2.5 x 1 cm oblique stab wound just parallel and 3.5 cm rt to the umbilicus directed downward laterally. Margins are sharply cut and inverted. Lower angle acute, upper broad. (13) 3 x 1 cm oblique stab wound just 2 cm below to injury No. 11 on umbilical region directed downward medially. Margins are sharply cut and inverted. Lower angle acute, upper broad. (14) 3 x 1 cm oblique stab wound just 3 cm below to injury No. 12 on umbilical region directed downward laterally. Margins are sharply cut and inverted. Lower angle acute, upper broad. Margins are sharply cut and inverted. Lower angle acute, upper broad. (14) 3 x 1 cm oblique stab wound just 3 cm below to injury No. 12 on umbilical region directed downward laterally. Margins are sharply cut and inverted. Lower angle acute, upper broad. (15) 3 x 1 x 2 cm bony deep vertical incised wound on lateral and upper part of rt forearm on ventral side (16) 1.5 x 1 x 1 cm muscle deep vertical incised wound on medial and upper part of rt forearm on ventral side (17) 2 x 1 x 1 cm muscle deep vertical incised wound on medial and upper part of rt forearm on dorsal side (18) 3 x 1 x 2 cm muscle deep vertical incised wound on anteriolateral side of rt upper thigh (19) 2 x 1 x 1 cm muscle deep vertical incised wound on anteriomedial side of rt upper thigh (20) 1.5 x 1 x 1 cm muscle deep vertical incised wound on anteriolateral side of rt lower thigh" 12.1 Corresponding to the said external injuries, he had recorded the following internal injuries: "(1) On opening injury No. 4 it directed deeply downward laterally cutting the skin subcutaneous tissue, chest muscle, pleura and upper lobe of left lung end in a lung substance. (2) On opening the injury No. 5 it directed deep downward medially, cutting the skin, subcutaneous tissue, chest muscle, pleura and lower lobe of Rt lung and end in a lung substance. (3) On opening the injury No. 6 it directed deep downward laterally cutting the skin, subcutaneous tissue, chest muscle percardium and anterior aspect of left ventricle and end in left ventricle. (4) On opening the injury No. 10 it directed deeply downward laterally. It cut skin, subcutaneous tissue, rectus sheet, rectus muscle and parietal peritoneum end into peritoneal cavity." 12.2 The cause of death was shown to be 'Shock and Hemorrhage due to multiple injuries over body and injuries of vital organs'. All the external injuries were antemortem and were sufficient in ordinary course of nature to cause death. Such injuries could be caused by a weapon with one sharp edge and the other blunt side but with pointed front portion. The hair on the head showed signs of burning which was post mortem. 13. During the course of the investigation, the investigating agency had collected various articles. Such injuries could be caused by a weapon with one sharp edge and the other blunt side but with pointed front portion. The hair on the head showed signs of burning which was post mortem. 13. During the course of the investigation, the investigating agency had collected various articles. All the panch witnesses had supported the prosecution. We may not, therefore, refer to the evidence of these witnesses. We may, however, refer to the important recoveries. From the laptop of Krunal collected by the police, certain materials were downloaded from the hard disk which included a video clipping. Specimen photographs from these video clippings have been produced in the form of Annexures. These photographs show Megha and Krunal in extremely intimate and compromising position. Besides, some of the photographs show them together in what one may describe as romantic poses. 14. The investigating agency had also recovered the Activa scooter of the deceased under panchnama Ex. 114 from a place called Shilaj cross roads near Sola village in the outskirts of the city of Ahmedabad. The vehicle was found at a distance of about 200 meters from the cross road in an abandoned condition since about four days. 15. According to the prosecution, when she was arrested, Megha was wearing the same clothes which she was wearing at the time of the incident. These clothes were recovered under a panchnama Ex. 108. These clothes included a greenish coloured punjabi suit and a dupatta. 16. We may recall, according to the prosecution, Chirag had changed his clothes between the incident. The prosecution contends that the clothes originally worn by Chirag when the assault actually took place were destroyed by him by burning and the ashes were thrown away near a hotel on Gandhinagar - Sarkhej Highway. Under panchnama Ex. 74, it was recorded that Chirag had led the panch party and the police authorities to the site where some ashes and the evidence of lighting of a fire could be seen. The rest of the area, however, was damp due to fresh rain. The clothes that Chirag wore after discarding his original clothes were discovered at his instance under panchnama Ex. 18 which is supported by the panch witness Dasarathji Gandaji Thakore, P.W 21, Ex. 79. The rest of the area, however, was damp due to fresh rain. The clothes that Chirag wore after discarding his original clothes were discovered at his instance under panchnama Ex. 18 which is supported by the panch witness Dasarathji Gandaji Thakore, P.W 21, Ex. 79. As per this panchnama and the witness, Chirag had led the panch party and the police authorities to an open place behind the University building where in a corner one iron dustbin was lying. Next to this dustbin, some wild grass had grown and there was a heap of trash from where the accused brought out a shirt and a pant. The clothes were mud stained and showed reddish spots. 17. Under panchnama Ex. 85, the panch witness being Sompuri Goswami, P.W. 22, the investigating agency had collected the samples of the suspicious spots looking like blood spots from different places from the house of Megha. The said stains were found on the wall of the kitchen, in a corner of a Kota stone floor of the kitchen, from under the wall of a supporting pillar of the basin for washing vessels. 18. The investigating agency had also collected the printouts of the call details of four mobile telephone numbers which are as under: "(1) 9276820042 which was registered in the name of accused No. 1 Chirag but which according to the prosecution was being used by Megha. For convenience, we may refer to this telephone number as No. 0042 or that of Megha's mobile number. (2) 9879919133 which was Chirag's mobile number. For convenience, we may refer to this telephone number as No. 9133 or that of mobile phone number of Chirag. (3) 9276811006 This was Krunal's personal mobile phone number and be referred to as No. 1006 or Krunal's personal phone number. (4) 9909967241 is the phone number of Krunal's company. We may, therefore, refer to this phone number as No. 7241 or Krunal's company phone number." 19. The analysis of the movement of call details between these numbers would show the following details: "(i) On the crucial date i.e. 18.08.2008, the call from Megha's mobile phone to Krunal's personal number had lasted for 27 seconds i.e. barely about half a minute. This call was made at 01.26 in the afternoon. The analysis of the movement of call details between these numbers would show the following details: "(i) On the crucial date i.e. 18.08.2008, the call from Megha's mobile phone to Krunal's personal number had lasted for 27 seconds i.e. barely about half a minute. This call was made at 01.26 in the afternoon. (ii) Just two minutes later on the same day at 1.28 pm, Krunal called from his company phone number to Megha and this call lasted for nearly 7 1/2 minutes. (iii) Earlier also, there were multiple calls between Krunal and Megha on number of occasions. (iv) Though the voice calls between Megha's number 0042 and Chirag's number 9133 were rare, there were innumerable SMSes exchanged between the two before, during and after 18.08.2008. These SMSes were made at all times of the day." 20. Various articles collected by the investigating agency during the investigation were sent for forensic analysis. The FSL report along with serological analysis would establish that deceased Krunal had blood group 'B'. The clothes found from the dead body carry the blood of the same group. The mattress of the Activa scooter was also detected with the blood of the same group. The top and the pyjama recovered from the accused No. 2 also showed the blood of the same group. The pant and the shirt discovered at the instance of accused No. 1 also showed presence of blood of group B. All the three cotton gauzes containing stains collected from the house of Megha also showed presence of the blood of the same group. 21. Nitin Chauhan, P.W. 35, Ex. 148 had carried out the investigation. He gave a detailed narration of different steps he had undertaken during such investigation. He pointed out that Chirag had procured the knife used in the commission of the offence from a store in Himalaya Mall but after the commission of the offence had thrown away the knife in a canal near Adalaj village. The knife was not found. 21.1 In the cross examination, he was questioned about the procurement of the knife and agreed that there was no complaint of theft of any article received from any mall nor had he recorded the statements of the employees at the mall regarding the knife. 22. The defence had examined two witnesses to challenge the prosecution version that deceased Krunal had blood group B. D.W. 1, Dr. 22. The defence had examined two witnesses to challenge the prosecution version that deceased Krunal had blood group B. D.W. 1, Dr. Sonia Rajesh Tekchandani was working at Police Welfare Hospital. She deposed that Krunal Pancholi had come for his blood report on 14.06.2008. She had referred him to Dr. K.D. Patel. She produced Krunal's blood report at Ex. 212 according to which Krunal's blood group was O-ve. 22.1 In the cross examination she agreed that neither the report Ex. 212 nor the slide of the blood carried her signature or rubber stamp. She also agreed that in the report Ex. 212 none of the details of Krunal Pancholi such as his village, state or father's name has been mentioned. She had no personal information about the blood group analysis since she had not done it herself. She also agreed that large number of patients came to the laboratory for blood reports. 23. D.W. 2, Dr. Krunal Patel, Ex. 217 was also working at Police Welfare Hospital. He was shown report Ex. 212 to which he stated that he knew Krunal Pancholi as the son of his neighbour. In the cross examination he agreed that he had no documents to support that Krunal was referred to him. He also agreed that after sending the patient to the laboratory he would have no personal information as to the nature of tests carried out. 24. This in the nutshell is the evidence on record. On the basis of such evidence, learned Senior Counsel Shri N.D. Nanavati for the original accused No. 2 submitted that the entire case rests solely on circumstantial evidence. The established circumstances do not form a complete chain leading unerringly to the sole conclusion of the guilt of the accused. The circumstances at best may raise suspicion but do not provide proof beyond reasonable doubt. Counsel submitted that the motive for commission of offence was not established and which at any rate was not sufficient to draw a young girl into committing such a heinous offence. There was no evidence that the deceased was called by Megha on the fateful day. There was no evidence of Krunal entering the flat of Megha. Likewise there was no evidence of even the accused No. 1 entering the same premises. There was no evidence that the deceased was called by Megha on the fateful day. There was no evidence of Krunal entering the flat of Megha. Likewise there was no evidence of even the accused No. 1 entering the same premises. Counsel pointed out that nobody in the apartment even noticed the accused carrying the dead body in a sack though as per the prosecution this happened between 01.30 and 05.00 in the afternoon. Counsel submitted that the prosecution version of the dead body being carried on an Activa scooter at a distance far away from the place of incident is highly suspicious. It would be impossible to carry such an object in the broad daylight on a two wheeler unnoticed by other people and police persons present on the road. 25. Learned advocate Shri Vatsa for accused No. 1 also submitted that the circumstances to link the accused No. 1 to the commission of the offence were simply not sufficient. His presence at the scene of incident was not established. The murder weapon was not found. Even its procurement was not established. The call details can at best establish live link between the accused internally as well as with the deceased. This by itself would neither provide motive nor prove commission of the offence. He in fact highlighted certain discrepancies in the call details of the different phone numbers to contend that even this data on record is not reliable. At best, the said accused could have stated to have committed offence under section 201 of the Indian Penal Code. 26. At this stage, we may assess the evidence on record. We may recall Kaushikkumar Pancholi, P.W. 3, Ex. 33, father of deceased Krunal had Krunal's disappearance on 18.08.2008 to the police authorities late at night at about 01.30 am. This was after he received a message from Krunal's office that Krunal had left in the afternoon promising to return in a short while but did not come back past 7 O'clock. His mobile, laptop and lunch box were still lying at the office. Kaushikkumar first waited thinking that his son might have gone for a late night film show. When Krunal did not return past 12 O'clock he inquired with Krunal's friends and his relatives. 27. His mobile, laptop and lunch box were still lying at the office. Kaushikkumar first waited thinking that his son might have gone for a late night film show. When Krunal did not return past 12 O'clock he inquired with Krunal's friends and his relatives. 27. Jayeshkumar Nathalal Patel, P.W. 4, Krunal's immediate boss at his office had pointed out that Krunal had left the office at about 01.30 pm citing personal reasons. At about 01.15 pm, he had received a phone call after which he had borrowed the office phone and talked to someone from that number and left the office. Other colleagues of Krunal had also given the same version. 28. The dead body as found on 21.08.2008 when it was so reported to the police by Babuji Ramtuji Thakore, Sarpanch of village Tarapur. One Maganji Jivanji of the said village had gone to an isolated place to answer nature's call where from nearby ditch he could smell foul smell and found a dead body lying there. This body was identified by Krunal's father Kaushikbhai from the clothes and other belongings. A part of the burnt shirt and pant were recovered and shown to him. The police had also recovered a leather belt and a rakhi. These articles, Kaushikkumar could certainly relate to his son. It was therefore established that the dead body found from the outskirts of village Tarapur on 21.08.2008 was that of Krunal who was missing since 18.08.2008. 28.1 On the same day, accused No. 1 Chirag Rana was at his office. From the evidence of several of his colleagues, in particular, his boss Poonamben Tarvani, P.W. 12, Ex. 54, it has been established that Chirag left the office between 1 and 01.30 pm promising to return a short while later. He returned only towards the evening at about 5O'clock. His colleagues noticed that when Chirag returned he was wearing a different set of clothes from those he was wearing when he left the office. Poonamben's deposition is important for several reasons. She was Chirag's immediate boss. Chirag had taken her permission to leave the office promising to return in a short while. According to this witness, when Chirag did not return till 4 to 4.30 pm, she in fact called him up to inquire about his not returning. Chirag apologized and assured that this would not happen again. She was Chirag's immediate boss. Chirag had taken her permission to leave the office promising to return in a short while. According to this witness, when Chirag did not return till 4 to 4.30 pm, she in fact called him up to inquire about his not returning. Chirag apologized and assured that this would not happen again. Chirag returned at 5 O'clock and was wearing different set of clothes. 29. The fact that Megha, accused No. 2 was residing at Surya Apartment, Parasnagar, Naranpura is seriously not in dispute. During the investigation, it has come on record that the flat was registered in the name of Megha's mother. The defence has not taken a stand that Megha did not reside there. 30. The call details of the mobile telephones used by the two accused as well as the deceased Krunal which we have referred to in the earlier portion would further establish a few important facts which are: "(a) Deceased Krunal and Megha knew each other very well and were in live contact before the incident. (b) The two accused Megha and Chirag also had extremely close relations. The multiple messages made between the two telephone numbers at various times of the day and night would establish a degree of intimacy beyond a mere acquaintance or friendship between the two accused. These messages of course would not further establish whether such intimate relations had romantic flavour or not. The fact, however, remains that Chirag and Megha knew each other extremely closely and were all throughout in live contact with each other. The fact that Megha was using a mobile phone of which sim card was registered in the name of Chirag is also a pointer to their close relations. (c) On the date of the incident, Megha and Krunal had talked shortly before 1.30 pm. There was one call made by Megha to Krunal which was immediately returned by Krunal when the two had talked for a fair duration. It was immediately after this that Krunal had left his office and was never seen alive again. (d) The accused Chirag was absent from his office from about 1.00 in the afternoon till 5.00 in the evening. When he came back, he had changed his clothes. Before leaving the office, he had taken the permission of his boss Poonamben Tarvani, P.W. 12. (d) The accused Chirag was absent from his office from about 1.00 in the afternoon till 5.00 in the evening. When he came back, he had changed his clothes. Before leaving the office, he had taken the permission of his boss Poonamben Tarvani, P.W. 12. Poonamben in fact had called him up at about 4 O'clock to inquire about his not returning. One more relevant factor concerning this accused is the alleged attempt to destroy his own clothes and to discard the clothes he had worn later. In absence of any reliable evidence of collecting the clothes originally worn by this accused since what was found was mere ashes of the clothes, we may not place much reliance on the first aspect of the investigation. Nevertheless, the discovery of the second set of clothes at the instance of the accused was duly established. These clothes we may recall were recovered from a heap of debris in an isolated spot next to a dustbin behind University campus. (e) The FSL report in connection with the various articles is yet another important piece of evidence. We may recall, the investigating agency had found as many as three different blood spots from the house of the accused No. 2. Blood was detected from the clothes discovered at the instance of accused No. 1. Blood was found from the mattress of the Activa scooter of the deceased. Blood was also found on the clothes of accused No. 2." 30.1 We are prepared to discard the factor of the accused No. 2 wearing the same clothes nearly six days later when she was arrested by the police which also carried blood stains. It is a version highly improbable and not sufficiently explained by the investigation. Accused No. 2 had no reason to wear the same clothes which according to the investigation were also blood stained for nearly six days after the incident. Had it been the case of the investigation that the said accused had washed her clothes despite which some stains survived and could be detected only through sophisticated investigation and incidentally accused happened to wear the same clothes again when she was arrested, no such case is put forth, none established. 30.2 Despite these comments, what remains on record is that the clothes which the accused No. 1 had changed after the incident carried blood marks. 30.2 Despite these comments, what remains on record is that the clothes which the accused No. 1 had changed after the incident carried blood marks. The scooter of the deceased also showed the blood. More significantly, at three different places in the house of the accused No. 2 blood stains were found. 31. Learned counsel Shri Nanavati argued that it was highly improbable that several days after the incident there could still be blood stains in the house of the accused. His contention ignores the fact that small traces of blood from distant and unlikely spots were noticed by the FSL team. Some spots were found from the pillar supporting the sink, some from a distant corner of the kitchen. Clearly, therefore, even if there was an attempt by the accused to clean the mess that might have been created, some blood spots still remained unnoticed perhaps even to the accused. 32. The case totally rests on circumstantial evidence. We would have to, therefore, evaluate the established circumstances to ascertain whether a complete chain has been formed so as to unerringly point towards the guilt of the accused. For convenience, we may recapitulate the established circumstances which are as under: "(i) Deceased Krunal and accused No. 2 Megha knew each other rather intimately. In fact, Krunal was in possession of some damaging clips and photographs of Megha with him which showed both of them in extremely compromising position. (ii) Chirag and Megha also knew each other rather well. Multiple text messages (SMS) between the mobile phones used by both of them would establish this factor. (iii) Deceased Krunal left his office at about 1.30 in the afternoon of 18.08.2008. He went missing after that and was never seen alive thereafter. (iv) His departure was preceded closely by two phone conversations between Krunal and Megha. (v) Chirag - accused No. 1 also left his office at about 1 O'clock citing urgent work, promising to return shortly. (vi) He returned to his office only at about 5 O'clock at which time he was found to be wearing clothes different from those he was wearing in the morning when he had come to the office. (vii) The dead body of Krunal was found at an isolated spot in a ditch in half-burnt condition covered in plastic lined jute bag. The body was in highly decomposed condition. (vii) The dead body of Krunal was found at an isolated spot in a ditch in half-burnt condition covered in plastic lined jute bag. The body was in highly decomposed condition. However, the dead body could be identified with the aid of the clothes and other articles found from the body. (viii) The post mortem report established that there were as many as 20 stab injuries on the vital parts of the body which was the cause of the death. The attempt to burn the body was a post mortem act. (ix) The scooter which was found in an abandoned condition, blood of the same group which belonged to the deceased i.e. group B was found from the scooter of the deceased. The same blood was found also from the kitchen floor and the walls of the kitchen of the house of the accused No. 2. (x) The clothes discovered at the instance of accused No. 1 establish the presence of blood group B which belonged to the deceased." 33. In our opinion these factors would form a complete chain unerringly pointing to the guilt of both the accused. Each of the factors mentioned above has been duly established by reliable and cogent evidence produced by the investigating agency. We have not the slightest doubt about the existence of any of these factors. If that be so, the sole question is would these factors together form a complete chain so as to make the case of circumstantial evidence against both the accused foolproof. The answer in our opinion would have to be in the affirmative. The prosecution has successfully established a strong motive for commission of the offence. We have referred to the damaging materials which the deceased possessed involving Megha. Though there may not be direct evidence of deceased threatening to make these materials public, nevertheless, the very fact that Megha was caught on the camera in a very compromising position with the deceased coupled with the fact that she had extremely intimate relations with accused No. 1 Chirag would make such materials in the hands of Krunal potentially explosive, providing a clear motive for Megha to solve this tricky issue by any means. Accused No. 1 being a very close friend of Megha; whether romantically involved with her or not, would also be therefore expected to assist her in her planning. Accused No. 1 being a very close friend of Megha; whether romantically involved with her or not, would also be therefore expected to assist her in her planning. 33.1 In addition to clear and strong motive for the commission of the offence, we have several factors pointing towards the involvement of the accused. 18.08.2008, around 01.30 pm is the time when deceased Krunal was last seen alive. The telephone conversation between Krunal and Megha minutes before his departure from office and later finding the blood spots in the house of Megha would further the prosecution case. Involvement by the accused No. 1 is linked through the discovery of the clothes carrying the blood of the deceased. 34. Shri Nanavati had however argued that the very identification of the dead body was defective. He had highlighted that the description of the colour of the shirt found from the body of the deceased changed from report to report. This may at best demonstrate a certain inaccuracy but the reference to colour of the shirt would not dilute the identification of the dead body by Krunal's own father. As a father he was expected to know and remember the clothes and other articles recovered from the body of the deceased. It was barely 3 or 4 days later that these articles were presented before the father for identification. We may recall the father had identified these articles nor merely by the colour but by several other relevant factors. For example, the shirt had a mark of a tailor from whom the father and son both got their clothes stitched. The police had also presented a rakhi with Ganpati embossed and carrying a few diamond like stones. The leather belt with a metal buckle was one more article. We have no hesitation that the dead body from village Tarapur was that of Krunal. 35. Shri Nanavati had also pointed out that curiously there were no witnesses who had seen either Krunal or Chirag entering the apartment of Megha nor seeing Chirag and Megha leaving the apartment with a bag. This by itself would not be a conclusive factor. The time of the incident was past 01.30 in the afternoon, in a residential apartment, when the normal movement would be at its lowest through the day. This by itself would not be a conclusive factor. The time of the incident was past 01.30 in the afternoon, in a residential apartment, when the normal movement would be at its lowest through the day. Further, if peacefully a person enters an apartment even if a neighbour or by-stander happens to see the event, he is unlikely to register it unless there is any peculiar fact which catches his attention. Likewise the fact that the two accused could carry the body on a scooter at a far away distance would by itself not be sufficient to destroy the effect of different circumstances noted above. Counsel for the accused argued that the blood would be dripping if the person was stabbed in the manner it was alleged. The argument however ignores the fact that the body was found in a gunny bag which had plastic lining preventing free leakage of the fluids. 36. The attempt on the part of the defence to show the blood group of deceased being O-ve by examining two defence witnesses shows a degree of desperation. For multiple reasons, we cannot accept this version. Firstly, there is nothing on record to suggest any error or defect in the forensic analysis of the blood group of the deceased found from the body. Secondly, there is no explanation why Krunal would have gone to the police hospital for taking out his blood group. Both the defence witnesses had no personal knowledge or information about the blood test analysis conducted. They are merely presented with the documents in the court without any personal knowledge. 37. It is true that as pointed by Shri Vatsa that the procurement of the murder weapon was not established nor was the weapon itself found. This again would not destroy the entire prosecution case merely because there was no clinching evidence that the accused No. 1 had managed to steal the knife from the store in a mall. We may recall that the investigation had produced a C.D showing the presence of accused No. 1 at the said store. However, the investigation failed to establish that during such time, the accused No. 1 procured the weapon either by purchase or by any other means. 38. We may recall that the investigation had produced a C.D showing the presence of accused No. 1 at the said store. However, the investigation failed to establish that during such time, the accused No. 1 procured the weapon either by purchase or by any other means. 38. In the result, we see no error in the judgment of the learned trial judge convicting both the accused for offences punishable under sections 302 and 201 with the aid of section 34/120B of the Indian Penal Code. The appeals are therefore dismissed. Accused No. 2 - Appellant of Criminal Appeal No. 584 of 2012 is on bail. She shall surrender for serving out the rest of the sentence. Time to surrender, however, is granted upto 15.03.2017. In view of the disposal of the main appeals, Criminal Misc. Application No. 24671 of 2015 shall not survive and is accordingly disposed of. R & P to be transferred to the trial court forthwith.