JUDGMENT : Akil Abdul Hamid Kureshi, J. 1. This appeal is filed by the original accused No. 4 who, by the impugned judgment dated 05.03.2012 passed by the learned Additional Sessions Judge, Amreli in Sessions Case No. 28 of 2009, is convicted for the offences punishable under section 302 read with section 397 of IPC and sentenced to life imprisonment. 2. Briefly stated the prosecution version was that four accused including the present appellant in the night of 14.11.2008 at about 11 O'clock, intercepted deceased Mukeshbhai Bachubhai Pandya when he was coming from his oil mill factory where he was working as an accountant, towards his house. The accused gave several blows to Mukeshbhai with hard and blunt substance such as log of wood. The accused knew that Mukeshbhai would be carrying sizeable cash of the oil mill company. The accused robbed him and decamped with his cash as well as the motorcycle. Mukeshbhai died due to such injuries at the hospital. A charge was, therefore, framed under Exh 10 against all the four accused for having committed offences punishable under section 120B as well as under sections 302, 397 and 201 read with section 34 of IPC. The learned Additional Sessions Judge found inadequate evidence against the remaining accused except the present appellant i.e. accused No. 4 who was convicted, the rest were acquitted. 3. The incident occurred late at night and there were no eyewitnesses. The entire case rests on circumstantial evidence. We may record the gist of evidence. 4. Prakashbhai Mukeshbhai Pandya, PW 1 Exh 19 was the nephew of deceased Mukeshbhai and also the first informant. He lived in the same town Dhasa where the deceased also lived with his family. He deposed that on the night of the incident at about 1:30, he received a phone call from his cousin brother Keyur telling him that normally Keyur's father would reach home by 11 O'clock but that day, he had not reached. Keyur therefore, went to the house of witness Prakashbhai. Both of them set out on the motorcycle to look for Mukeshbhai. They went in the direction of the oil mill. Near the oil mill, on a road towards Aambardi, they found Mukeshbhai lying profusely bleeding but still breathing. Keyur therefore, went to the house of witness Prakashbhai. Both of them set out on the motorcycle to look for Mukeshbhai. They went in the direction of the oil mill. Near the oil mill, on a road towards Aambardi, they found Mukeshbhai lying profusely bleeding but still breathing. They called an ambulance and took him to hospital at Sihore from where he was referred to the Civil Hospital at Bhavnagar where he was declared dead. He stated that at the place where Mukeshbhai was found, his motorcycle was missing. The bag containing money was also not there. There was a log of wood of babul tree around 7 or 8 ft. long. This witness had given the FIR which was produced at Exh 20 in which, similar version was recorded. In the cross examination, he agreed that the gate of Kishore Oil Mill was at a distance of about 150 ft. from where Mukeshbhai was lying. The road was a kutcha road passing through a field. There were other houses at a distance of about 150-200 ft. The witness referred to the four accused who were later on arrested but he obviously did not have any personal knowledge about their involvement. In the FIR also he had not given names of any suspects. 5. Keyurbhai Mukeshbhai Pandya, PW 2 Exh 21, son of the deceased Mukeshbhai was also with Prakashbhai, PW 1. He had called Prakashbhai late at night to tell him that his father had not returned home and sought help for looking for Mukeshbhai. He deposed that his father worked at Kishore Oil Mill as an accountant since about 14 years. He handled the financial matters of the company. On the date of the incident, his father did not arrive home till late at night. He, therefore, called up Sagrambhai, the watchman at Kishore Oil Mill, who told him that his father had left the mill at 11 O'clock and he was carrying the days' cash. At 1 O'clock at night, he started search for his father and called up Prakashbhai for such purpose. The two of them went towards the mill on the motorcycle where on the way, they found his father lying on the ground bleeding from the head but still alive. Nearby, a log of babul was lying. At 1 O'clock at night, he started search for his father and called up Prakashbhai for such purpose. The two of them went towards the mill on the motorcycle where on the way, they found his father lying on the ground bleeding from the head but still alive. Nearby, a log of babul was lying. He identified the muddamal article No. 20, a bag as one, which his father used to bring home every night from the mill. In the cross examination he stated that his father was lying at a distance of about 300 ft. from the mill. In his police statement he had not referred to a log of wood lying at the scene of incidence. Regarding identification of the bag, he agreed that the bag did not contain the name of his father or any other such identification mark. 6. Kishorechandra Chandulal Botadara, PW 3, Exh 23, was the owner of Kishore Oil Mill. He deposed that Mukeshbhai was the accountant at his oil mill since 14 years. He had given a Hero Honda motorcycle to him for use. On the date of the incident, he was at Mumbai. He had spoken to Mukeshbhai at night at 10:30 who told him that the cash receipt for the sale during the day was approximately Rs. 9,15,000/-. Later, the same night at about 1:30, he got a call from Mukeshbhai's son Keyur and was told that Mukeshbhai was found in an injured condition and the cash, valuables and the motorcycle were missing. He rushed to Ahmedabad by flight and reached Dhasa at about 10:30 am by taxi. Some 12 to 14 days later, the police had shown him the bag containing the cash, and the motorcycle which he had identified. At that time, the police had come with four accused. One of them Bhikubhai Lughashi i.e. the present appellant was working in his mill about five years earlier as a labourer. He was also friendly with Mukeshbhai. Therefore, even after leaving the job, he would often come to the mill to meet him. This witness also identified muddamal article No. 20 as the bag of the mill company. He also identified the bill books and the stamp of the company. He identified the present appellant before the Court. In the cross examination, he estimated the place of incidence from the gate of his mill to be about 500 ft. This witness also identified muddamal article No. 20 as the bag of the mill company. He also identified the bill books and the stamp of the company. He identified the present appellant before the Court. In the cross examination, he estimated the place of incidence from the gate of his mill to be about 500 ft. The information that all the four accused were loitering around his mill since about two to three months was given to him by the other employees. Mukeshbhai would usually handover the day's cash to him at the end of the day. Two of them would leave to go home together. However, when Mukeshbhai was alone, he would carry the cash home and deposit in the bank the next day. Such instances were many. 7. Sagrambhai Gabhabhai Khatana, PW 4, Exh 29 was the watchmen at the mill company. However, he turned hostile and did not support the prosecution. He tried to change the time of conversation with the son of Mukeshbhai. 8. Under panchnama Exh 32, the prosecution had recovered the motorcycle used by Mukeshbhai from an isolated place. Only significance of this panchnama is that the motorcycle was found in damaged condition. The rear mirror was broken and the leg guard was bent. 9. Under panchnama Exh 35, the prosecution discovered a bag containing Rs. 8,36,020/- at the instance of accused No. 4 Bhikhubhai. Though the panchwitness, Dilipbhai Pratapbhai turned hostile, he admitted his signature on the panchnama. The Investigating Officer, Hameerbhai Bhatiya, PW 31, also referred to this discovery in his deposition. The panchnama Exh 35 records that accused Bhikhubhai agreed to show the place where the bag containing the money was hidden. He led the panch witnesses and the police party to his house. Outside the house, there was a heap of sand. After removing the sand the accused dug the ground from where, a cement bag was found. The bag contained a cloth bag with money. Total amount stored in the bag was Rs. 8,36,120/-. The place was right outside the house of the accused himself. 10. Exh 40 is the scene of incidence panchnama which would show that the place was a kutcha road in an open land. The closest place near to it was an abandoned hut. Apparently, a log of wood was freshly removed from the hut which was found near the scene of the incident. 10. Exh 40 is the scene of incidence panchnama which would show that the place was a kutcha road in an open land. The closest place near to it was an abandoned hut. Apparently, a log of wood was freshly removed from the hut which was found near the scene of the incident. The railway track was nearly 400 meters away. Janta Society residences were at a distance of about 125 meters to the west. There was waste land where wild babul trees had grown. 11. Under panchnama Exh 54, the investigating agency discovered the other bag containing the bill books and other materials of the oil mill at the instance of this appellant. Here also though the panch-witness Firozbhai Kalubhai Belim, PW 15, Exh 53 turned hostile, he admitted his signature on the panchnama. The investigating officer also referred to the said discovery in his deposition. The panchnama records that the present accused showed willingness to show the place where the bag was hidden. He then led the police party and the panch-witnesses to an isolated place where wild babul and bear tress had grown preventing the vehicle to go any further. All the people, therefore, got down and went on foot. From extremely thick growth of wild babul and bear trees, he took out a bag, on which, there was a stamp of Umiya Traders and contained several bill books in the name of Kishore Cotton Company, Aambardi and of Kishore Oil Mill. 12. Under panchnama Exh 57, the accused was arrested at which time he was carrying Rs. 36,600/- on his person in different denominations. 13. Dr. Rajnibhai Vinodibhai Bhagora, PW 25, Exh 69 was part of the panel of doctors who had carried out the postmortem. In the postmortem note Exh 72, the following injuries were recorded: "1. A split laceration 8 x 1 cm x bone deep, vertical and carved with convexity downward present on lf frontal parietal scalp with its lower anterior end 5.5 cm above the middle of lt eyebrow and convex middle point is 10.5 cm anteromedial to upper point of pinna of lt ear. Margins are ragged and bruised shows clotted dark blood. Depth of wound shows linear fissure skull fracture in central 3.5 cm with regressing edges at both ends. 2. Margins are ragged and bruised shows clotted dark blood. Depth of wound shows linear fissure skull fracture in central 3.5 cm with regressing edges at both ends. 2. Two dark red bruise of 3 mm dm each present separated by 3 mm obliquely lt lateral to lower anterior end of injury No. 1. 3. A split laceration 4 x 1 cm x cartilage deep, transversely present on middle posterior of lt ear pinna margins are ragged bruised with dark clotted blood. 4. A dark reddish brown irregular bruise of 11 x 10 cm on anterolateral of lt upper arm on cutting dark red fluid blood exydes copiously with visible diffuse extravasation of blood in subcutaneous tissues and muscles of arm in 15 x 18 cm area on dissection underlying oblique fracture of upper 1/3rd of shaft of lt humerus found. 5. A 29 cm long rail track bruise with 0.5 cm bruise lines (red) separated by spared 0.6 cm area present vertically lying on it. Lateral upper abdomen with its lower end 14 cm superolateral to umbilicus with its curvature backward, upward obliquely up to lt posterior axillary fold. Where intervening spared area between bruise lines is 3 mm on cutting dard red extravasated blood present in subcutaneous tissues and muscles beneath the track. 6. A 9 cm rail track bruise with 0.5 cm red bruiselines and intervening 1 cm spared area present vertically on lt upper abdomen with its lower end 8 cm superolateral to umbilicus. On cutting dark red extravasation of blood present in subcutaneous tissues and muscles beneath the track. 7. An abrasion 2.5 x 1.5 cm irregular, reddish present just above lt tibial tuberosity. 8. An abrasion 2 x 1 cm irregular reddish present 2.5 cm supero medial to patella of rt knee. 9. An abrasion 1 x 0.5 cm irregular reddish present on medial of tip of 2nd toe of lt foot. 10. An abrasion 0.4 x 0.2 cm, irregular, reddish present on dorsolateral aspect of middle phalangeal joint of rt. hand ring finger. 11. An abrasion 1.5 x 0.5 cm irregular, reddish present just posterior to rt. Shoulder tip. 12. A red bruise 3.5 x 0.7 cm obliquely present on back with its upper rt. Lateral end 31 cm below occipital protuberance and lower medial end 1 cm rt lateral to mid line. hand ring finger. 11. An abrasion 1.5 x 0.5 cm irregular, reddish present just posterior to rt. Shoulder tip. 12. A red bruise 3.5 x 0.7 cm obliquely present on back with its upper rt. Lateral end 31 cm below occipital protuberance and lower medial end 1 cm rt lateral to mid line. Another red bruise of 2.5 x 0.6 cm present on midline of back obliquely in same plane with its upper end 3cm lower to lower medial end of 1st bruise. On cutting extravasated dark red blood present in subcutaneous tissues. 13. Two darked puncture marks of pin tip size present on rt. Forearm at cubital fossa with surrounding hyperemia." 14. In the opinion of the doctor, the death was due to shock and hemorrhage on account of cardio cerebral damage and fracture on left humerus shaft consequent upon trauma by hard blunt substance. 15. Hameerbhai, PW 31, Exh 19, the Investigating Officer gave the detailed outline of the investigation carried out by him including the recovery of the cash from accused No. 4 at the time of his arrest and discoveries of two bags separately done, one containing cash and another the bill books. 16. The FSL report read with serological report Exh 96 would show that the deceased had blood group 'A'. However, no blood of this group was found from the clothes of the accused. This, in the nutshell, is the evidence on record. 17. Undisputedly, the case rests solely on circumstantial evidence. It would, therefore, be necessary to assess whether the proved circumstances form a complete chain pointing unerringly to the involvement of the accused. While therefore, assessing the evidence on record, our endeavour would be to first segregate those circumstances which the prosecution can rely upon and then to ascertain whether circumstances are sufficient to convict the accused. 18. From the evidence, it has clearly come on record that the deceased Mukeshbhai was working as an accountant at the oil mill owned and operated by Kishorebhai, PW 3. Before the date of the incident, he had worked there for about 14 years. Mukeshbhai would handle the day's cash and if Kishorebhai was away, carry such cash with him to his house and deposit the same in the bank next day. This has been stated clearly by Kishorebhai, PW 3 and we have no reason to doubt or dispute his version. 19. Mukeshbhai would handle the day's cash and if Kishorebhai was away, carry such cash with him to his house and deposit the same in the bank next day. This has been stated clearly by Kishorebhai, PW 3 and we have no reason to doubt or dispute his version. 19. Mukeshbhai would travel on the motorcycle given to him by his employer. His time of returning home by and large was also quite late. Kishorebhai deposed that on the night of the incident, he had spoken to Mukeshbhai at about 10:30 at night to take stock of the day's events. Even Keyur, PW 2, the son of Mukeshbhai did not find anything amiss till quite late at night, though his father had not returned home. It was only at about 1:30 at night that he called up his cousin Prakashbhai, PW 1, and told him that his father normally returns at home at 11 O'clock but today he had not returned well after the time. Thus, it can be concluded that Mukeshbhai was routinely travelling from his office to home very late at night on his motorcycle. He would also be carrying day's cash collection with him. On the fateful night thus, he was travelling alone, late and with sizable cash with him. 20. The present accused, Bhikhubhai was previously employed at the same place as labourer. He left the job about five years before. He still kept in touch with Mukeshbhai and would visit the work place often. This has been so stated by Kishorebhai in his deposition. 21. That Mukeshbhai while returning from his office was assaulted with hard and blunt substance resulting into multiple injuries is not in doubt at all. He was found by his son and his nephew at about 1:30 at night when they started searching for him. He was still alive but was found profusely bleeding mainly from head. The motorcycle on which he was travelling was missing. There were no other articles also found from the place of the incident. 22. The three stolen articles, the motorcycle, a bag containing substantial amount of cash and a bag containing the bill books of the oil mill were recovered by the investigating agency during the course of investigation. The motorcycle was found abandoned at an isolated place. There were no other articles also found from the place of the incident. 22. The three stolen articles, the motorcycle, a bag containing substantial amount of cash and a bag containing the bill books of the oil mill were recovered by the investigating agency during the course of investigation. The motorcycle was found abandoned at an isolated place. The bag containing cash was discovered at the instance of the present accused hidden under the ground covered with heap of sand just outside his own house. The bag was containing a sum of Rs. 8,36,000/- and odd. The other bag containing the bill books was also discovered at the instance of the present accused. It was found from an isolated place where the entire area was covered by wildly grown babul and bear trees. 23. The fact, that the two bags so discovered were of the oil mill, has been established through reliable evidence. Kishorebhai, the owner of the oil mill identified both the bags. In fact, the other bag containing several bill books of his companies. Keyur, PW 2 son of Mukeshbhai also identified the bag containing the cash as one which his father would regularly bring home from work. 24. On the basis of such evidence, we may list the proved circumstances which are as under: "A. The present appellant, original accused No. 4, Bhikhubhai was employed at the Kishore Oil Mill some five years before the date of the incident as a labourer. Even after leaving the job, he would still visit the place sometime to meet Mukeshbhai. He thus not only knew Mukeshbhai well, had every means to know his habits and movements. B. Mukeshbhai was working as an accountant at the oil mill for about 14 years. His main work was to handle cash for the sales of the day. He would carry cash home and deposit the same as per the instructions of the employer in the bank next day. C. Mukeshbhai going by the geography around the oil mill factory would be travelling through a kutcha road, a little distance away from the gate of the company and the road itself passed through a deserted area. On one side of the road was the government waste land was where wild babul trees had grown. Nearest residential houses were more than 100 meters away. D. Normally Mukeshbhai would travel quite late at night. On one side of the road was the government waste land was where wild babul trees had grown. Nearest residential houses were more than 100 meters away. D. Normally Mukeshbhai would travel quite late at night. E. The accused thus had access to very important information concerning Mukeshbhai viz. (i) That Mukeshbhai travelled on his motor cycle and when Kishorebhai was away he would be alone on his motorcycle; (ii) He was passing through a kutcha road from an isolated place away from human settlements; (iii) Mukeshbhai would be travelling with the cash on hand which would be sizable; (iv) The accused thus had the access to valuable information which would enable planning an assault and robbery; (v) Mukeshbhai was found some 300 ft. away from the mill premises late at night at about 1:30 severely injured which was caused by hard and blunt substance; (vi) From the scene of the incident the motorcycle, which Mukeshbhai was using, was missing. As it turns out later, two bags one containing cash and the other containing the bill books were also missing; (vii) These bags were both discovered at the instance of the present accused." 25. In our opinion, these circumstances formed a complete chain. The accused had the motive and also the necessary information which would enable him to make proper planning without which the offence could not have been committed. Obviously the acts were committed by someone who had important information viz. of the time and manner of movement of Mukeshbhai and the fact that he was likely to be carrying sizeable cash. The discoveries of the muddamal articles which included a bag containing sizeable amount of cash to the tune of Rs. 8,36,000/- is also an extremely significant aspect. The other bag containing the bill books which was discarded was also discovered at his instance. In his statement under section 313 of Cr.P.C., the accused offered no explanation for any of these circumstances. His case was one of total denial. He even denied having ever worked at Kishore Oil Mill and denied having been arrested with cash of Rs. 36,000/- on his person. 26. In view of such evidence, we find no error in the judgment of the Trial Court. The Appeal is, therefore, dismissed. R & P to be transmitted back to the Trial Court. Appeal Dismissed