JUDGMENT : Moolchandani, J. These appeals have been filed by both the appellants-accused against the impugned judgment dated 11.02.2012 passed by learned Additional Sessions Judge, Bhinmal, Jalore in Session Case No.30/2011 (40/2009) by which both the appellants-accused have been held guilty under Section 302/34 IPC and have been awarded life imprisonment coupled with fiscal fine of Rs.5,000/- and in default to pay, further to undergo six months’ rigorous imprisonment. Appellant Smt. Methi has lodged her appeal, which has been registered as Jail Appeal No.253/2012 on 16.02.2012. Subsequently, Vachna Ram filed Jail Appeal No.305/2012 on 05.03.2012,subsequent to which, Vachna Ram filed a Regular Appeal No.380/2012 on 09.04.2012, since all these appeals have arisen out of the same judgment impugned and appellant-accused Vachna Ram has filed two appeals, his later Regular Appeal and previous jail appeal are homogeneous, so ignoring the subsequent one, both the jail appeals, singularly and previously filed by Smt. Methi Devi and Vachna Ram are being decided by this single judgment. 2. 2. In nutshell, the story of the prosecution, as revealed by Ex.P/1 FIR, lodged by Pabu Ram, cousin brother of deceased Dallaram, reads as under :- ^^lsokesa] Jheku Fkkukf/kdkjh egksn;] iqfyl Fkkuk lkapkSj ¼tkykSj½ fo”k; %& esjs pkpk ds yM+ds HkbZ nykjke s/o fVdekth tkfr jsckjh ds xk;c rFkk mldh gR;k dk eqdnek ntZ djus ckcr~A egksn;th] eSa izkFkhZ ikcqjke s/o Hktukjke th jsckjh fuoklh iyknj dk fuosnu gS fd esjs lxs pkpk fVdekth jsckjh dk iq= nykjke mez 40 o”kZ tks esjs iM+kSl esa gh viuh <k.kh esa cky&cPpksa ds lkFk jgrk gSA nykjke nks HkkbZ gS esjs pkpk thfor ugha gSA nykjke dk cM+k HkkbZ lksukjke vyx jgrk gSA nykjke ds uydqi [kqnokdj [ksr esa fl;kyq Qly vjM+h] thjk cks j[kk gSA ftlds filys nks lky ls olukjke iq= Fkkukjketh tkfr jsckjh fuoklh iyknj dks d”kkZ j[kk gSA ftldks Qly Hkkoyh ¼ikarh½ ns j[kh gSA nykjke dh vkSjr Jhefr esrh nsoh dk pfj= vPNk ugha gSA oks vDlj vius ifr dks rax ijs'kku djrh jgrh gSA ftl dkj.k og ckgj nwljs ds [ksrksa esa etnwjh djrk FkkA vkt ls djhc ,d ekg igys ls nykjke dks vius ?kj ij ugha ns[kkA nykjke dh vkSjr dk O;ogkj iM+kslh;ku ds lkFk vPNk ugha gksus ls blds ?kj ij vkuk&tkuk ugha gSA dkQh fnu fcr tkus ds ckn Hkh nykjke utj ugha vk;k rks geus nykjke dh vkSjr Jhefr esrh nsoh o mlds d`”kd olukjke dks iqNk rks crk;k fd yqfx;klj veqyjke fo'uksbZ ds csjs ij dke djus x;k gqvk gSA ogka tkdj eSaus irk fd;k rks nykjke ds ogka ugha vkuk o ugha ns[kuk crk;k rc gesa 'kd gqvk rks eSaus] ljiap Hksjkjke es?koky] nykjke ds HkkbZ lksukjke rFkk eqykjke jsckjh bR;kfn us dy rkjh[k 28-01-2009 dks 'kke djhc 5&6 cts nykjke dh vkSjr o d`”kd olukjke dks iqNk fd vk[khj nykjke dgka gS rks nykjke dh vkSjr us dksbZ lgh tcko ugha fn;k rFkk olukjke us crk;k fd gekjh xyrh gks xbZ gSA nykjke dh vkSjr us nykjke dk dke iwjk dj fn;k gSA rFkk diM+s tyk fn;s gS rc geus gekjs xkao ds yksxks ls ckr dh rFkk gesa iwjk 'kd gS fd nykjke dh vkSjr Jhefr esrh nsoh ,oa olukjke us feydj nykjke dks ekj fn;k gksxkA rFkk mldks ekjdj dgha xk< fn;k gSA nykjke ds nksuksa gkFkksa es pkanh ds dM+yh;s rFkk dkuksa esa lksuksa dh eqjdh;ka iguh gqbZ FkhA nykjke dh vkSjr Jhefr esrh nsoh o olukjke ds vkil xyr lEcU/k gksus ls nykjke dh gR;k dh gSA ,slk gesa 'kd gSA vr% fjiksVZ is'k dj fuosnu gS fd nykjke dh ekSr dk irk yxk;k tkosA** and this FIR has been lodged on 29.01.2009 at 11.30 a.m., which has been registered under Section 302/34 coupled with Section 201 of IPC. Contents of this FIR divulges names of both the accused persons and there is “SAY” of “extra judicial confession” having been made by Vachna Ram alike ^^gekjh xyrh gks xbZ gSA Mykjke dh vkSjr us Mykjke dk dke iwjk dj fn;k gSA** and allegation of illicit relations between both the accused are also revealed with a suspicion of murder of Dallaram by both the named accused persons, pursuant to it, accused Vachna Ram was arrested on 29.01.2009 at 3.00 p.m. vide Ex.P/3 and Smt. Methi was also arrested on 29.01.2009 at 3.05 p.m. vide Ex.P/18 and on information and at the instance of both the accused persons, buried dead body of deceased Dallaram was recovered on the information provided under Section 27 of the Evidence Act and which was got exhumed from buried place. Pabu Ram, Soma Ram, Moola Ram, Samartha Ram and Ghanshyam are the witnesses of this dead body exhumation memo, which is Ex.P/4, prepared on 29.01.2009 at 5.00 p.m. It bears thumb impressions/signatures of Vachna Ram and Smt. Methi Devi, as well. Ex.P/5 is the spot map indicating the field/ place from where dead body was got exhumed on 29.01.2009 and this agricultural field has been shown to be demarcated by 1, 2, 3 and 4, which is agricultural field of deceased Dalla Ram and according to Ex.P/6 memo of status of dead body, it was found decomposed. 3. Ex.P/11, the postmortem report of dead body is an “admitted document” by the defence, which is admitted subject to cross and cause of death as mentioned in the postmortem reads, “In our opinion, cause of death of Dalaram S/o Tikma Ji Rebari, aged 40 years, is due to shock, due to injury on neck and great vessels” and time since death as mentioned in the postmortem report reads, “above disclosed feature concludes that time since death about 20-30 days before postmortem examination” and it is also mentioned that, “dark black coloured skin on the chest wall of right side, may be due to burning of skin partially” and according to Ex.P/15, the cause of death has further been opined, “In our opinion, cause of death of Dalaram S/o Tikmaji Rebari, aged 40 years, is due to shock due to injury on right side of neck and great vessels”. 4. 4. According to Ex.P/16 document seeking Sample, for the sake of biological identification for DNA, soft tissues of mother of deceased and brother of deceased were taken, report of which is Ex.P/64 and it concludes that, (i) source of Ex. A (deceased) is the biological son of source of Ex.B (Smt. Varju), (ii) the source of Ex.A (deceased) is the biological brother of source of Ex.E (Mr. Soma Ram) and this report is Ex.P/65, which is issued by Centre for DNA Fingerprinting and Daignostics, Hyderabad and vide Ex.P/63, soft tissues of deceased body of Dallaram pertaining to part of mandible were sent, which were internally marked as Ex.A and part of sample of Smt. Varju mother of deceased were denoted as internal Ex.B, likewise soft tissues of ear lobe of Smt. Varju were denoted as Ex.C and DNA sample of Shri Sonaram was denoted as Ex.D and soft tissues of ear lobe of Shri Sonaram was denoted as Ex.E, conclusion of which has earlier been discussed that it was found harmonious and matching with the family members and this was found and determined to be of deceased Dalla Ram being his corpse. 5. Ex.P/62 is also a significant document, which relates to FSL Report and according to it, dhoti (Adavata), kulhari, Adavata, baniyan, ghagra and chundri, which have internally been marked as Packets ‘A’ with Ex.1, ‘D’ with Ex.2, ‘E’ with Ex.3 and 4 and ‘F’ with marked Ex.5 and 6 and it has been resolved by this FSL Report that Ex.1 (from A), Ex.2 (from D), Ex.3 and 4 (from E) and Ex.5 (from F) have been found stained with ‘A’ Group human blood and both these documents goes to indicate that so far as the body of deceased is concerned, it has conclusively been found body of the deceased Dallaram and all the internal exhibits of FSL report were found tainted with ‘A’ Group human blood, as such both these reports are positive. 6. 6. Heard submissions of both the sides, learned Amicus Curiae has contended that learned trial court has committed material illegality and perversity in passing the impugned judgment, since no offence was proved against the appellants-accused and alleged extra-judicial confession is not worthy to be accepted, the FIR has also been lodged highly belated; the alleged recoveries are also false, no kids have been examined and have deliberately been withheld from being produced in the evidence to conceal the actual facts despite, the learned trial court has wrote a judgment of conviction, which is not sustainable at all, so it be quashed and the accused-appellants be acquitted from the charges. Per contra, learned Public Prosecutor has contended that according to Section 30 of the Evidence Act, the confession made by the appellant-accused is admissible, there is no delay in filing the FIR, as soon as doubt of homicide and something ulterior was smelt and suspected, FIR was immediately got lodged and on the information of both the appellants-accused, dead body of deceased was found buried in the field having possession of both the accused persons, ornaments of the accused were also recovered from their possession on their instance, weapons of assault and blood-smeared clothes were also recovered, which were further found to be tainted with blood and a conclusion of FSL is also there, likewise, to establish the identity of corpse, DNA of mother and brother of deceased were got matched by DNA Laboratory, which gave a conclusion that the body belonged to the deceased Dallaram. Smt. Methi was having dubious character and had developed illicit relations with Vachna Ram and both conspired to eliminate Dallaram in order to live licentious life without any impediment and this ulterior object to enjoy unhindered illicit relations, both the appellants-accused assassinated Dallaram and buried his body, the principle as laid down in Virdhichand Sarda’s case is well established and link evidence is properly linked and there is no frailty in the evidence produced by the prosecution, so impugned judgment is upright and deserves to be upheld. According to Ex.p. 1 by mark-A “Adavata” Dhoti of the deceased Dallaram was seized and regarding to mark-D weapon of assault “Kulhari” and vide mark- E “Adavata” Baniyan of accused Vachana Ram and vide mark-F “Adavata” Ghaghara Chunari of accused Methi Devi were sent for FSL Examination. 7. According to Ex.p. 1 by mark-A “Adavata” Dhoti of the deceased Dallaram was seized and regarding to mark-D weapon of assault “Kulhari” and vide mark- E “Adavata” Baniyan of accused Vachana Ram and vide mark-F “Adavata” Ghaghara Chunari of accused Methi Devi were sent for FSL Examination. 7. We, find following evidences on the record of trial Court on analyzing the same it reveals that PW-1 Pabu Ram author of the FIR and cousin brother of deceased Dalla Ram, has narrated everything akin to FIR and he has said that Dalla Ram was his cousin brother, Dalla Ram’s elder brother Chunaram resides separate. Dallaram had sown crop of “caster and cumin” and had engaged Vachnaram for two years, he has further said that Dallaram and his wife used to struggle, so Dallaram was constrained to work at the field of others, his wife was not enjoying a good character, she was of easy virtue, even Dallaram informed that his wife Methi and Peasant Vachanaram were maintaining illicit relations. He has further said that it is a matter of about four to four and half month back, it was a day of “flag hoisting”, villager had not seen Dallaram for 20 to 25 days, they asked where was Dallaram, then he went to Dallaram’s Dhani to inquire about him, Methi and Vachana were there, he asked them where was Dallaram, then they replied that he has gone to Ludiasar for tilling, next day he went to Ludiasar to inquire about Dallaram, then it could be gathered that Dallaram had not been there for long. He has further said that next day he, Sarpanch, Bheraram, Sonaram brother of Dallaram and Moolaram went to Dhani of Dallaram, where Methi wife of Dallaram and Vachna Ram were there, they insistingly asked them about the whereabouts of Dallaram, Methi kept mum and Vachanaram uttered that wife of Dallaram had finished his story and has burnt his clothes, as well then they suspected killing of Dallaram, next day report was lodged at police station, then police came and arrested Vachanaram and Methi, further he has narrated facts relating to recovery and has said that both the accused person/s were leading us and we were following them, reaching near the crop of castor beside drain, they indicated that Dallaram was lying buried underneath there, police got the earth soil dug and exhumed body of Dallaram. On observing dead body, injury on right side of neck was found, police obtained opinion of “Panch” and then after postmortem body of Dallaram was given to Sonaram, with respect to other recoveries he has said that next day police came alongwith arrested accused person/s, Methi wife of Dallaram and Vachanaram and they took them to the Dhani of Dallaram near “Bufello Chhapara” methi after getting the sand removed, got “two silver Kandley” and “two gold mourkeya”, which he and Sonaram identified as belongings to Dallaram. Moolaram and Samratharam were also there, he has further said that then they were taken towards castor, where Methi dug and a pair of black “chappal” was recovered, which belonged to Dallaram and it was identified by him and Sonaram. The silver and gold articles and Chappal of deceased were sealed by police there, in his cross-examination, he has also said that retro to the event on Deepawali, a strife had taken place between son of Sonaram with Vachana and Methi, he has further said that due to unchastity of Methi, scuffle between the couple was common. Methi was adamant and unmending, he has further narrated the position of corpse of Dallaram, which was dug out, he has further said that Vachanaram was also accompanying at the time recovery, nothing abnormal has appeared in the cross-examination of this witness. PW 2 Sonaram, elder brother of deceased Dallaram, has said that wife of Dallaram was of “peevish nature” and was character-less. Six or half past six month back, they did not witness Dallaram for some time. Wife of Dallaram was having illicit relations with Vachanaram, who was Dallaram’s “Hali”. Dallaram was not being witnessed and his appearance was not being watched for long, so he and Pabu, inquired about his whereabouts, then Pabu said that when he inquired it from Dallaram’s wife, then she informed that Dallaram had gone to Ludiasar for tilling, then he and Pabu went to Ludiasar and it was informed that since pretty long time, Dallaram did not visit there, they came back and then he, Pabu, Bheraram, Sarpanch and Moolaram went to the premises (Dhani) of Dallaram, where they met with Vachanaram and wife of Dalaram, they were asked about the whereabouts of Dallaram, then “Vachanaram confessed that Dallaram’s story was over and stands determined and his clothes were got burnt”, next day they lodged report at Sanchore (Jalore). Police came on the spot and arrested Methi and Vachanaram, he has further said that Vachanaram and Methi took them to the standing crop of “castor and cumin”, they followed them with police, it was field of Dallaram, Vachanaram and Methi spotted a place and asked to dug there, he has further said that from that place body of Dallaramram was exhumed, body was having injury mark on right side of neck, it was identified by him, the spot was photographed, he has further said that police completed formalities and had drawn spot map and prepared Panchnama. He has further said on next day police came alongwith wife of Dallaram and Vachanaram and on the information of them, ornaments of Dallaram including his “hand kadda” and “ear Mourkiya” were recovered, which were sealed there and a pair of black Chappal of Dallaram was also recovered on their instance, which were of Dallaram, which too were sealed there, in his cross examination facts have specifically been narrated with respect to recovery and position of recovered dead body, he has denied alleged relation of sister and brother between accused person/s and has said that both were having illicit relations and it was conveyed them by Dallararam. PW 3 Moolaram has also narrated almost similar kind of facts and has said that for pretty long time Dallaram was not being witnessed and on inquiring from wife of Dallaram, she said that he had gone for tilling, then Sona and Pabu went and inquired, he too has said that Vachanaram was a tiller on the field of Dallaram, he has further said that couple was not maintaining good relations, because wife of Dallaram was having illicit relations with Vachanaram, next day it was again inquired, then wife of Dallaram kept mum but Vachanaram confessed by saying that wife of Dallaram has finished his story, his apparels were also set ablazed. He has also said that Ex.P/1 is police report and it contains his signature and text FIR is Ex.P/2, he has further ratified Ex.P/3 and Ex.P/4, Ex.P/5, Ex.P/6, Ex.P/7, Ex.P/8 and Ex.P/9 and has also said that on the instance of the accused persons “recoveries” were made on their information and dead body was having injuries mark on neck, in his cross-examination he has further narrated distinct facts pertaining to recoveries and exhumation of dead body, he has further said that he had heard story of illicit relations between Methi and Vachanaram, it was rampant in whole of the village. PW 4 Bheraram has said that he is Sarpanch of village “Virole”, deceased Dallaram had come on 18 and 19 December on Muster job and 20 December was of leave and he had attended the job on 21.12.2008 and 22.12.2008 and after that he did not report, he has further said that on 28.01.2009 he, Pabu and Sona and Moola went to the house of Dallaram, wife of Dallaram and Vachanaram were inquired upon, then Methi did not reply but Vachana ram confessed and said that blunder was committed by them and they have finished story of Dallaram, next day Ex.P/1 was lodged with police and Parcha FIR is Ex.P/2, which contains his signatures. He has further said that he heard later that wife of Dallaram and tiller Bachanaram killed Dallaram under conspiracy owing to their illicit relations, nothing abnormal has emerged from his cross-examination. 8. He has further said that he heard later that wife of Dallaram and tiller Bachanaram killed Dallaram under conspiracy owing to their illicit relations, nothing abnormal has emerged from his cross-examination. 8. On adverting upon entire evidence and on analysing and evaluating the same, it is candid that Smt. Methi kept mum and did not lodge any information in respect of disappearance of his husband, she kept silence and was found with co-accused Vachanaram, when cousin brother of deceased informed him Paburam came to them with several witnesses, who too have testified that they went to them and inquired about prolonged disappearance of Dallaram, on which Methi maintained silence but Vachanaram confessed before all the witnesses that “His story was determined and accomplished and he also said that a blunder was committed by them, which goes to attract Section 30 of Evidence Act since initially he had given confession against Methi but when he said that a blunder was committed by them, then provisions of Section 30 of Evidence Act completely attracted, besides this on the instance of accused person/s buried dead body of Dallaram was recovered and on their instance and information as provided under Section 27 of Evidence Act, place underneath there dead body of Dallaram was buried, was dug out and his body was recovered, likewise on instance of the accused person/s personal worn ornaments of deceased were recovered and Chappal of deceased was also recovered on their information apart from weapon of assault “kulhari”. Wearing clothes of deceased, as well as, of accused person/s were also recovered which were found stained with “A Group” human blood and it was conclusively viewed by FSL report. DNA also confirmed that the body of Dallaram was well established and identified. 9. Almost all the important witnesses have admitted that Methi wife of deceased Dallaram was continuously maintaining illicit relations with co-tiller Vachanaram, there were say of illicit relations and scuffle between the couple Dallaram and Methi because of illicit relations between Methi and Vachanaram. Recoveries are well connected with link evidence and there is no weakness of any kind or feebleness in link evidence, pertaining to the recoveries, dead body has been found with injuries on the neck of the dead body, evidence of the prosecution is well connected with medical evidence as concluded in the postmortem. Recoveries are well connected with link evidence and there is no weakness of any kind or feebleness in link evidence, pertaining to the recoveries, dead body has been found with injuries on the neck of the dead body, evidence of the prosecution is well connected with medical evidence as concluded in the postmortem. Dead body was recovered on the information of the accused person/s, belongings of deceased have also been recovered on their instance, besides, clothes of the accused person/s and that of deceased person and “kulhari” weapon of assault, recovered on the instance of the accused persons have been found stained with “A Group” human blood and all these recoveries goes to establish, guilt of the accused persons, both have acted in conspiracy in assassinating and eliminating Dallaram, “motive” is also well explained by the prosecution right from lodging of the FIR and evidence disclosed. PW-10 Sava Ram is a witness of Ex.P/7 Panchnama, who has said that the same was drawn before him, which contains his signatures. PW-11 Samratha Ram is a witness of Ex.P/3, arrest memo of Vachna Ram, Ex.P/18 arrest memo of Smt. Methi. He has also remained witness of recovery before whom the dead body was exhumed from earth, he too has said that it was having injury on neck and its recovery is Ex.P/4, he has further admitted his signatures on Ex.P/5, 6, 7, 8, 10 and has accepted his signatures on these papers. Recovery of ornaments of deceased have also been made before this witness, which has been ratified by him and Ex.P/19 has also been told to be bearing his signatures. He has further said that wearing apparels were also recovered before him vide Ex.P/19 and spot map relating to recovery of jewellery of deceased Ex.P/21 has also been accepted. He has further accepted and ratified Ex.P/22 and 23 relating to recovery of “ghagra” and “chundri” and has accepted signatures on these papers and while cross-examined, he has narrated the niceties relating to recovery of body and other recoveries. No abnormality has emerged in his cross-examination. PW-14 Sataram is a witness before whom recovery of weapon of assault “kulhari” has been made vide Ex.P/25 and 26 and wearing apparels of accused vide Ex.P/27. This witness has ratified all the recoveries and accepted his signatures on the papers relating thereto, nothing abnormal causing feebleness has emerged from his cross. PW-8 Dr. PW-14 Sataram is a witness before whom recovery of weapon of assault “kulhari” has been made vide Ex.P/25 and 26 and wearing apparels of accused vide Ex.P/27. This witness has ratified all the recoveries and accepted his signatures on the papers relating thereto, nothing abnormal causing feebleness has emerged from his cross. PW-8 Dr. Gopal Pohani is a witness conducting postmortem on the body of deceased. He has accepted his signature on Ex.P/14, postmortem report and has said that he was a member of the medical board. He has further said that on 29.01.2009, he was posted at Community Health Center, as a Medical Officer, on the request of P.S. Sanchore, he had conducted postmortem on the body of Dallaram S/o Tikma Ram and has said that cause of death was shock due to injury caused on right side of neck and to the great vessel. He has further accepted preparing Ex.P/15 as well, which too contains mentioning of cause of death identically. He has further narrated mode of preserving viscera of deceased for DNA Test, in his cross-examination he has further said that the body of Dallaram was decomposed. He has also said that injury was found on the neck of the body, the time of death was not able to be confirmed precisely but it might have been occurred 20-30 days prior to the postmortem. All the witnesses before whom the body was exhumed, have specifically narrated that the body was having injury on right side of the neck, to which doctor has also ratified, it has also been opined by the medical expert that great vessel of the body was also found cut, which goes to indicate that the deceased was assaulted with a sharp weapon and was subjected to homicidal death. Kulhari has also been recovered and found stained with “A Group” human blood. PW-12 Smt. Madhuvi is a witness of Ex.P/18, arrest memo of Smt. Methi, who has ratified Ex.P/18. PW-15 Ghanshyam is a photographer before whom and by whom the photographs of the spot and body have been taken. He has confirmed Ex.P/28 to P/39 and their negatives being Ex.P/28A to Ex.P/39A and has narrated snapping of the same by him on the request of the police. PW-18 Dayaram is a patwari, who has said that he was working as Patwari in halka Virole on 18.08.2007. He has confirmed Ex.P/28 to P/39 and their negatives being Ex.P/28A to Ex.P/39A and has narrated snapping of the same by him on the request of the police. PW-18 Dayaram is a patwari, who has said that he was working as Patwari in halka Virole on 18.08.2007. Khasra No.561 to 564 were entered in the name of Hemaram, Sonaram, Dallaram and Varju and Dallaram’s dhani is situated in Khasra No.562, he has issued revenue copies of the spot map on the request of the police. Map trace is Ex.P/41, jamabandi is Ex.P/42 and girdavri is Ex.P/43, which contains his signatures. Testimony of this witness is enough to establish that the alleged revenue number was entered in the name of deceased Dallaram and khasra No.562 was having his residential dhani, which is suffice to establish the venue and facts relating to the same. PW-16 Poonmaram is also a witness of “recovery” before whom assault weapon “kulhari” and “clothes” have been recovered. He has said that Vachna Ram led them to spot and got recovered concealed kulhari and apprised that axe was used in eliminating Dallaram. He has further said that spot map of recovery was also drawn before him and has further said that Vachna Ram also got recovered dhoti and baniyan, which were having spots akin to blood, which were encircled by the police and all the recoveries were sealed before him. He has further said that all the documentary formalities and scribing thereof was done at the house of Vachna Ram, no abnormality has emerged from the cross of this witness as well. PW-6 Akha Ram is a malkkhana incharge who has said that he had given five sealed packets from malkhana to Constable Chainaram with forwarding letter through S.P. Jalore for deposit in FSL along with two jars for deposit in Medical College, both were deposited separately. He has further clarified that Chainaram brought back the packets, which were again sent through Madanlal for deposit in FSL on 23.02.2009, who submitted deposit receipt on 24.02.2009, in his cross-examination he has clarified that Chainaram had brought back the packets with objection and the objections were removed. PW-5 Madanlal is a Constable who has deposited samples in the FSL. He has further clarified that Chainaram brought back the packets, which were again sent through Madanlal for deposit in FSL on 23.02.2009, who submitted deposit receipt on 24.02.2009, in his cross-examination he has clarified that Chainaram had brought back the packets with objection and the objections were removed. PW-5 Madanlal is a Constable who has deposited samples in the FSL. He has said that on 27.02.2009, he was Constable of Police Station, Sanchore and on the directions of SHO, he has received five sealed packets for depositing them in FSL after getting the forwarding letter from the office of S.P. He went to FSL, Jodhpur and deposited all the five packets and one jar packet was deposited in Sampurnanda Medical College and obtained its receipt. He has further clarified that separate forwarding letters were obtained from S.P. Office, Jalore and had obtained the samples on 23.02.2009 and deposited them on 24.02.2009. He has further said that forwarding letter is Ex.P/10 relating to four packets and its deposit receipt is Ex.P/11 and Ex.P/12 is a carbon copy of forwarding letter relating to deposit of one jar and its receipt is Ex.P/13. He has said that Ex.P/10 contains his signatures and further clarified that he had obtained the packets in well secured and sealed condition, which remained intact during his custody. PW-7 Chainaram Constable has said that on 19.09.2008, he was Constable at Thana Sanchore and he was given six packets A, D, E, F and two jars for depositing in FSL through S.P. Office and after obtaining forwarding letter from S.P. Office, Jalore, went to deposit them on 20.02.2009. On objections, the samples were returned to him and the objections were of this effect that jar relating to testing of DNA and bone tissue were be deposited with Medical College, Jodhpur and rest be deposited in FSL with forwarding letter. He has further clarified that the samples were returned back and deposited with malkhana on 21.02.2009 and has clarified that the samples were remained well secured and sealed during this period. PW-9 Rana Ram, Constable has confirmed deposit of soft tissue of deceased’s body and soft tissue of Varju Devi mother of deceased and his brother Sonaram and he has clarified deposit and re-deposit after removing the objections pertaining to place of deposit on 20.03.2009. He has said that Ex.P/16 is forwarding letter. PW-9 Rana Ram, Constable has confirmed deposit of soft tissue of deceased’s body and soft tissue of Varju Devi mother of deceased and his brother Sonaram and he has clarified deposit and re-deposit after removing the objections pertaining to place of deposit on 20.03.2009. He has said that Ex.P/16 is forwarding letter. PW-13 Hem Singh is also a Constable, who has said that from 23.01.2009 to 20.02.2009, he was on leave and in September, 2007 he was posted as malkhana incharge at Thana Sanchore and during his leave, Akha Ram was malkhana incharge, and has said that on 25.02.2009, after joining, samples relating to CR No.30/2009, P.S. Sanchore pertaining to murder of Dallaram for DNA Testing, samples of Varju Devi mother of deceased and Sonaram brother of deceased, were taken by the SHO, Raju Ram, which were deposited in malkhana vide Entry No.236. Further on 04.03.2009, packets Nos.1, 3, 4, 5 and 6 were given to Prataparam for FSL deposit, on objections, same were deposited back and has said that he deposited back the samples on 21.02.2009 and sent jar on 23.02.2009 for deposit in the Medical College, Jodhpur and its receipt was brought and has further said handing over the samples relating to DNA and receiving their receipts and has further said that the samples remained secured and intact throughout. PW-19 Raju Ram has said that on 29.01.2009 he was S.H.O., P.S. Sanchore, Pabu Ram had presented Ex.P/1 FIR on which case was registered. He has further ratified all the papers relating to lodging of FIR and further investigation and has said that Ex.P/2, 3 and 18 have got his signatures and vide Ex.P/3 and P/18, both the accused persons were arrested and they informed that they had killed Dallaram and had buried his dead body and stated the place, where the body was got buried, which was got exhumed. The information provided under Section 27 of the Evidence Act and exhibits relating thereto Ex.P/41 and 42, have specifically been said having his signatures. He has further said that the body was got postmortemed and photographs were got snapped. He has ratified Ex.P/4, 7, 14, 15, 8, 9, 28 to 39 and all the documents pertaining to the investigation. The information provided under Section 27 of the Evidence Act and exhibits relating thereto Ex.P/41 and 42, have specifically been said having his signatures. He has further said that the body was got postmortemed and photographs were got snapped. He has ratified Ex.P/4, 7, 14, 15, 8, 9, 28 to 39 and all the documents pertaining to the investigation. He has minutely narrated everything relating to recovery of apparels of deceased, blood spotted wearings of both the accused persons and weapon of assault “kulhari” and recovered personal ornaments of deceased having been recovered on the instance and information of respective accused persons, as such, entire chronology and say of this witness reveals, mode of completion of investigation in chronological order, perusal of cross-examination also goes to reveal that nothing significant causing frailty to the merit of the testimony has emerged. 10. Examination and appraisal of entire evidence goes to indicate that all the evidence of the prosecution has remained materially reliable, nothing abnormal causing any frailty has emerged. So far as evidence relating to recoveries is concerned, as earlier dwelt and discussed, has also remained well connected and its links have remained unsegregated. 11. Dead body of deceased Dallaram buried by both the accused persons underneath the tilling field, which was informed and on their instance, the same was got exhumed. Majority of the testimony say that the body was having injury on right neck and cut of great vessel was there. Weapon of assault “kulhari” and apparels of deceased, as well as, of accused persons, which were properly recovered, have been got tainted with “A Group” blood. Process of DNA was matching, because the soft tissue of the deceased body, which were got examined through the DNA with soft tissue of Smt. Varju Devi mother of deceased and Sonaram brother of deceased, were found befittingly matching. The prosecution has succeeded in proving its case with reliable and trustworthy evidence. The entire circumstances are well linked without any feebleness. 12. In Padala Veera Reddy V. State of Andhra Pradesh, 1989 Supp. The prosecution has succeeded in proving its case with reliable and trustworthy evidence. The entire circumstances are well linked without any feebleness. 12. In Padala Veera Reddy V. State of Andhra Pradesh, 1989 Supp. (2) SCC 706, the Hon’ble Supreme Court has observed that in matters of circumstantial evidence, the evidence must satisfy the followings:- (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. In cases relating to circumstantial evidence, prosecution is needed to produce evidence connecting all vital links, on the basis of which conclusion of guilt could only be inferred and derived and prosecution has succeeded in establishing and proving its case with clinching evidence. In Manthuri Laxmi Narsaiah Vs. State of Andhra Pradesh, “it has been held that it is by now well settled that in a case relating to circumstantial evidence the chain of circumstances has to be spelt out by the prosecution and if even one link in the chain is broken the accused must get the benefit thereof and in “Sharad Birdhichand Sarda Vs. State of Maharashtra”, cardinal principles of circumstantial evidence have been enumerated. Complicity of both the accused person/s in commission of crime is established beyond all reasonable doubt. Resultantly, it is explicit that prosecution has successfully proved its case with reliable evidence, we accordingly upheld the findings of guilt against both the appellant-accused person/s and don’t find any reason to interfere with the findings of guilt. Therefore, these appeals fail and same are dismissed being bereft of merit. Copy of this judgment be kept on each of the appeal file.