JUDGMENT Pushpendra Singh Bhati, J. - This criminal appeal has been preferred by accusedappellant Ravji s/o Jeevna against the judgment dated 17. 02. 2011 passed by the learned Additional Sessions Judge (Fast Track), Banswara, District Banswara in Sessions Case No. 36/2010. The accused-appellant has been convicted for the offences under Sections 459 and 302 IPC and was sentenced as under: Under Section 459 IPC Sentenced for seven years' simple imprisonment and a fine of Rs. 1000/-, and in default of payment of fine, to further undergo one month's simple imprisonment. Under Section 302 IPC Sentenced for life imprisonment and a fine of Rs. 1000/-, and in default of payment of fine, to further further undergo one month's simple imprisonment. Both the sentences to run concurrently. 2. Before we ratiocinate on the relevant evidence available on record in the form of statements of witnesses, post-mortem report as well as the report of Forensic Science Laboratory and all other relevant documents, we consider it apt and expedient to briefly set out the facts, so far as they are relevant and indispensable for the present adjudication. 3. On 15. 05. 2010, an oral information was received by the Ambapura Police Station, District Banswara that at about 05:00 a. m. , deceased Champa w/o Kanti had been attacked by accused-appellant Ravji by a sword. Further, the information was to the effect that Champa was lying in her house, while the neighbouring persons, including Deva, Thavra, Hoorji, Roopa, Mana came to the spot. When Champa was asked about the incident, she told them that she was preparing to make chapatis, when at about 04:45 a. m. , Ravji s/o Jeevna, b/c Katija Adiwasi, r/o Nalda Talaab came with a sword in his hand and unauthorizedly entered into the house of Champa. On opposing his presence, Ravji attacked Champa with the sword and gave a blow above the neck on the head, which resulted into injuries to Champa. While trying to defend herself, Champa also received injuries in the palm of her hand. The husband of Champa was a labour in Kuwait for last five years and also her four sons were away for attending some marriage, and therefore, Champa was alone in her home. 4. On the basis of the said report, FIR bearing No. 110/2010 was registered at Ambapura Police Station for the offences under Sections 452 and 307 IPC. 5. The husband of Champa was a labour in Kuwait for last five years and also her four sons were away for attending some marriage, and therefore, Champa was alone in her home. 4. On the basis of the said report, FIR bearing No. 110/2010 was registered at Ambapura Police Station for the offences under Sections 452 and 307 IPC. 5. Injured Champa was taken to the government hospital at Banswara, and she had undergone the necessary treatment thereat, and from there, she was taken to Ahmedabad for further treatment. In the hospital at Ahmedabad, Champa succumbed to the injuries on 19. 05. 2010 at 6:00 a. m. 6. On the basis of the aforementioned facts, the investigation was conducted for the offences to be proved under Sections 459 and 302 IPC. The learned court below thereafter, framed the charges against the accused-appellant, and he having denied the imputations pleaded not guilty, he was made to stand the trial and accordingly, the trial commenced. 7. The prosecution submitted 15 witnesses and exhibited 20 documents. The accused was examined under Section 313 Cr. P. C. and he denied the incident in such examination. The accused neither produced any witness nor exhibited any document. 8. For the purpose of appropriate appreciation of the present set of facts and circumstances, essential it would be, to deal with the relevant portions of the evidence of the prosecution witnesses, in the following paragraphs. 9. In this case, the FIR was registered on 15. 05. 2010 at 03:15 p. m. on the basis of the oral information, as above, received on the same day at 08:15 a. m. The contents of the evidence rendered by PW-1 Deva was same as that of the FIR and he made a statement that Champa was his daughter in law, and the alleged incident had occurred at 5 o' clock in the morning before sunrise. His further deposition was to the effect that Thavra had come to him and told that his daughter-in-law has been attacked by Ravji. On coming to the site, Deva found that Thavra, Bhavji, Hoorji, Manu, Roopa and Bhania were there. Deva, in his statement, further stated that Champa told him that she has been attacked by Ravji by inflicting a sword blow on the neck of Champa. On coming to the site, Deva found that Thavra, Bhavji, Hoorji, Manu, Roopa and Bhania were there. Deva, in his statement, further stated that Champa told him that she has been attacked by Ravji by inflicting a sword blow on the neck of Champa. However, she was in a position to speak and she informed Deva that while she was preparing dough to make chapatis, Ravji came with a sword in his hand and attacked Champa. Deva also deposed that Ravji tried to molest Champa and when she retorted by telling him that she would inform her father-in-law about the same, whereupon Ravji gagged her mouth with the cloth and hit her with the sword. Champa resisted the blow by holding the sword, and therefore, she received incised wound on her palm. After the said incident, Champa fell down and lost consciousness. It has also been stated that the husband of Champa, namely Kanti, was residing in Kuwait. 10. Pw-1 Deva further deposed that at the relevant point of time, Champa lived with her three children and one daughter of Deva, and all four have gone to attend some marriage ceremony, while Champa was alone in the house. Deva then, took Champa in Ambulance to the hospital at Banswara, and thereafter, lodged the report, as above, with the concerned police station. Deva also confirmed his signatures on the statement as well as the FIR (Ex. P/2). Exhibit P/3 was the fard of Saree of Champa, signatures whereupon were also admitted. PW-1 Deva also admitted that when he reached the house of Champa, Ravji had already run away. He also admitted that he did not see Ravji. 11. In his cross-examination, PW-1 Deva reiterated his statement and particularly stated that Champa was quite conscious, and thus, informed the whole incident to Deva. Deva denied any previous subsisting animosity with Ravji. Deva has further deposed that Champa was taken to Udaipur for further treatment and thereafter, to Ahmedabad. 12. Another key witness was PW-2 Thavra, who stated that he heard the screams of Kanti's wife at about 05:00 a. m. This witness, thereafter, went to the house of Champa, where she was lying, and upon being asked, Champa told that Ravji had inflicted sword blows upon her, as a result of which, her hand and neck got hurt. 12. Another key witness was PW-2 Thavra, who stated that he heard the screams of Kanti's wife at about 05:00 a. m. This witness, thereafter, went to the house of Champa, where she was lying, and upon being asked, Champa told that Ravji had inflicted sword blows upon her, as a result of which, her hand and neck got hurt. Champa told Thavra that while, she was cooking food, Ravji came to his house; at that time, she was alone in the house, as her four children were away in connection with attending some marriage. 13. Pw-3 Bhavji was also the key witness in this case, who in his examination, has stated that his house is 50 feet away from the house of Champa. On her shouting, this witness alongwith Thavra went to the house of Champa and saw that she was lying there. This witness also admitted that Champa told him that Ravji had given the blow on her neck and resultantly, she was injured. Bhavji also stated that Champa was speaking a little bit, and she told Bhavji that while she was making chapatis, Ravji came to her house and inflicted the sword blow, as result of which, she sustained injuries on her neck and hand. This witness also deposed that Champa's husband was residing in Kuwait, while she lived with her children, and who, at the time of the incident, were away to attend some marriage. In his cross-examination, Bhavji admitted that Champa was in the semi-conscious state and she was able to speak something and somehow she informed the whole incident to Bhavji. This witness also deposed that he was the immediate neighbour and he was not aware of any previous subsisting enmity between Ravji and Champa. Bhavji also stated that he and Thavra were the first to reach the spot, and thereafter, Hoorji, Mana, Roopa, Harji and other persons reached there. 14. Pw-4 Hoorji also made similar depositions in his statement and stated that he alongwith Mangu, Roopa, Mana, Bhania and others, came to the house of Champa on her commotion. This witness also deposed that Champa told him that Ravji hit her palm and neck with the sword. The rest of the incident regarding cooking, being hit by the sword, children, husband, are all same as deposed by the other witnesses. Being a neighbour, this witness is also an independent witness, like PW-3 Bhavji. This witness also deposed that Champa told him that Ravji hit her palm and neck with the sword. The rest of the incident regarding cooking, being hit by the sword, children, husband, are all same as deposed by the other witnesses. Being a neighbour, this witness is also an independent witness, like PW-3 Bhavji. 15. Pw-5 Dharji also deposed in the similar terms. 16. Pw-6 Bahadur also, in his statement, stated that Champa was in a position to speak and the dough in a thali was ready. This witness also stated that he was told by Hoorji, Roopa, Bhavji and Thavra, who were also present there, that Champa was attacked by Ravji. This witness also deposed that Champa's voice was low, but he heard the word "Ravji" being uttered from the mouth of Champa. 17. Pw-7 Mana also made similar deposition. 18. Pw-8 Bhania was the first witness to the recovery of the sword, which was recovered from the house of Ravji. The sword was hidden in grass and had blood stains. The recovery memo had signatures of Bhania and the recovered sword was sealed in his presence. This witness further reiterated that before entering the door in Ravji's house, the grass was there, where the sword was hidden. 19. Pw-9 Natwar Singh, who was Head Constable, Chowki Leemthan Thana, Sadar Banswara, has attested the recovery and has made the requisite entries in the maalkhana register. 20. Pw-10 Manoharlal, who was the Constable, S. P. Office, Banswara has supported the recovery and enabled the FSL report. 21. Pw-11 Kantilal, who was also the Constable, Police Line, Banswara and enabled the collecting of evidence. 22. Pw-12 H. C. Jayanti Bhai, who was the Head Constable, Shahibaug Police Station, Ahmedabad (Guj. ), deposed, in his statement, that the death of Champa occurred on 19. 05. 2010 at about 6:00 a. m. at Ahmedabad and the panchayat nama was prepared by him. 23. Pw-13 Dr. Brijesh was the treating doctor, who, in his statement, has confirmed the injuries and other medical documents. 24. Pw-14 Punjaram, who, at the relevant time, was the incharge of Police Station, Ambapura, District Banswara, had supervised the investigation. 25. Pw-15 Narendra Singh was the SHO, Police Station, Ambapura on 06. 06. 2010. 26. The recovery memo of the blood stained sword is also seen alongwith the description of the sword. 24. Pw-14 Punjaram, who, at the relevant time, was the incharge of Police Station, Ambapura, District Banswara, had supervised the investigation. 25. Pw-15 Narendra Singh was the SHO, Police Station, Ambapura on 06. 06. 2010. 26. The recovery memo of the blood stained sword is also seen alongwith the description of the sword. It is also made clear by the learned Public Prosecutor that the blood stained on the sword were matching with the blood group of the accused. 27. The nature of injuries, as described in the post-mortem report, is as follows:- "1. 14 cm transverse suture wound on back head at lower ear plane and both side it is 1. 5 cm away from ear. 2. 2 x 0. 3 cm transverse incise wound with minimal contusion on back of rt. Side head. 2 cm below and parallel to a bare wound at rt. Part. It is 0. 5 cm deep. 3. Tracheastomy surgical wound over neck. 4. 5 x 5 cm transverse suture wound on palmer aspect of hand at carpophalangeal joint involving middle ring and little finger of lt. Hand on opening the suture separated easily, margin cut and minimal contust wound is bone deep. " The cause of death, as reported in the post-mortem report was caridac respiratory arrest due to sustained head injury. 28. Pw-8 Bhania, who was the witness to the recovery, has specifically supported the recovery of the blood stained sword and stained towel, which were recovered from the house of Ravji. 29. On a perusal of the Forensic Science Laboratory Report, which is Ex. P/21, it is clear that there was matching of blood group between the saree of deceased Champa, soil, sword, towel and liquid blood. These five components had a matching blood group, as per the report of the FSL, which is Ex. P/21. 30. This Court has also taken note of the fact that there is consistency in the statements of all the prosecution witnesses, whereby all of them have stated that on 15. 05. 2010 at about 5:00 a. m. , they heard the commotion and reached the spot, where Champa was lying and the injury of sword was apparent on her person, and she narrated all of them that Ravji had made such attack on her, while she was making preparation for chapatis. 31. 05. 2010 at about 5:00 a. m. , they heard the commotion and reached the spot, where Champa was lying and the injury of sword was apparent on her person, and she narrated all of them that Ravji had made such attack on her, while she was making preparation for chapatis. 31. The husband of Champa was residing in Kuwait for last five years and the children of Champa, who were living with her, were also away to attend some marriage, and thus, she was all alone in the house. 32. The recovery in this case supports the prosecution case, as to blow by sword and the blood stained towel, soil etc. were recovered from the house of accused/appellant Ravji in a grass patch. The post-mortem report is also in consistence with the aforesaid chronology. 33. Learned counsel for the accused/appellant has persuaded this Court to believe that there are minor inconsistencies in the statements of the prosecution witnesses and there was no motive, which has been assigned to the incident. 34. Learned counsel for the accused/appellant has further stated that all the prosecution witnesses were interested witnesses and there was no reason why accused Ravji would have made such attack over Champa. 35. Learned counsel for the accused/appellant also reiterated that neither any kind of animosity whatsoever was subsisting between Champa and Ravji nor there was any ill-will between the parties. 36. Learned counsel for the accused/appellant also stated that when Champa was being hurt on her neck so deeply, then it was probably not possible for her to have given such version to all the prosecution witnesses. 37. Learned Public Prosecutor, on the other hand, submitted that there is consistency in the statements of all the prosecution witnesses, which is supported by the recovery memo, and the post-mortem report, including the injuries. The FSL Report has also confirmed the matching of blood group 'B' at all the components so examined, which include the aforesaid, namely, piece of saree, soil, sword, towel and liquid blood. 38. We have also noticed that after taking into consideration all these facts, the learned court below has arrived at the conclusion so recorded in the impugned order. 39. On a threadbare examination of the evidence of the prosecution witnesses, post-mortem report, FSL report and the recovery memo in the foregoing paragraphs, we find that the chain of circumstantial evidence is complete. 39. On a threadbare examination of the evidence of the prosecution witnesses, post-mortem report, FSL report and the recovery memo in the foregoing paragraphs, we find that the chain of circumstantial evidence is complete. Hence, the conviction of the accused appellant in the impugned order is absolutely in accordance with law. 40. Once we see that the chain of circumstantial evidence is complete and absolute, then there is no reason why there should be any interference in the conviction for a crime, where an innocent lady, who was alone at her house, as her husband being away in connection with employment was at Kuwait, her children were away to attend some marriage, and looking to these aspects, the ill intention of the accused/appellant, who was armed with the sword entered the house of deceased Champa to cause her death, is well proved. 41. Even assuming that there was no motive or ill will of the accused/appellant behind such brutal attack by taking advantage of the lonely lady in her house, then also there is no doubt that the accused/appellant entered in the house of lonely lady Champa and made such brutal attack. 42. Consequently, the present criminal appeal is dismissed and the conviction and sentence for the offences under Sections 459 and 302 IPC awarded to the accused/appellant by the learned court below in the impugned order is upheld. The record of the learned court below be sent forthwith.