JUDGMENT Sudhansu Dhulia, J. - This criminal appeal has been filed by the appellant against the judgment and order dated 27.06.2015 and 30.06.2015 passed by the First Additional Sessions Judge, Haldwani, District Nainital in Session Trial No. 46 of 2009, whereby the appellant has been convicted under Section 302 of IPC and has been sentenced for life imprisonment with a fine of Rs.5,000/- (Rupees Five Thousand only), with default stipulations. 2. The deceased was a young 24 year old unmarried working woman who used to work for a "Z King Hardware Networking" shop, which was at "Bhotiya Parav", Haldwani (Nainital District). Her house was at some distance from the shop in a remote peripheral area of Haldwani town, which was in fact a village called "Padampur Devaliya", Police Station Lalkuan. Her daily routine was to proceed early morning for her work at about 08:00-08:30. She used to walk towards the main road at "Moti Nagar", from where she usually took an auto rickshaw or a three-wheeler which took her to her work place i.e. the shop at "Bhotiya Parav", Haldwani. By evening at about 06:00 PM, she used to finish her work and return home taking the same route. 3. As per the prosecution case, on the fateful day of 19.11.2008, the deceased proceeded as usual in the morning for her work. After completing the day's work at the shop at about 06:00 P.M., she left the shop for her house. Like usual a three-wheeler took her to Moti Nagar, from where she walked towards her house. It was already dark by this time, considering it was the month of November. She never reached her home. 4. Meanwhile as she had not returned by 08:30 PM, her relatives (with whom she was staying), tried to contact her, but in vain. Her father who resides in a village called "Diyari" at Bhowali" was informed. In the morning the dead body of this girl was found in the sugarcane field of the village. The body was naked and a belt kind of thing was wrapped round her neck, from which she was apparently strangulated to death. There was blood stain around her body and blood was also oozing out from her vagina. Her purse, clothes, etc., were lying scattered nearby. 5. The inquest was conducted on 20.11.2008 at 01:00 PM. The body was naked and a belt kind of thing was wrapped round her neck, from which she was apparently strangulated to death. There was blood stain around her body and blood was also oozing out from her vagina. Her purse, clothes, etc., were lying scattered nearby. 5. The inquest was conducted on 20.11.2008 at 01:00 PM. The sugarcane field where the body of the deceased was found was of Mohan Singh Bisht, which was just across the road. For reasons of propriety, the body was covered by a bed-sheet and was examined in presence of a lady constable. The following articles were recovered near her body. (i) A red and white coloured ball pen in which it was written Z King. The pen was stained with blood. (ii) A key chain with one key. (iii) A pocket diary was found lying on her chest, which had records of some telephone numbers. (iv) A small envelope was also found on her chest that had a few passport size photographs of the deceased. 6. There was blood, mixed with the soil, all around the body of the deceased. When the body was examined by the lady Constable in presence of others, the left hand of the deceased was on her chest. The fingers of this hand had hair stuck on them. These hair were recovered and kept in a separate packet. 7. The FIR dated 20.11.2008 was lodged at 10:00 AM by the father of the deceased who had by this time reached the spot. The FIR states that the age of his daughter is 24 years who stays in Village "Padampur Devaliya", Post "Mota Haldu" with the brother-in-law of her father called Ramesh Chand Durgapal and works in a Hardware Shop called "Z King Hardware Networking", which is at Bhotiya Parav, Haldwani. Each day, she used to leave her house at 08:30 A.M. from where she used to go to Moti Nagar and from there she used to go to her work place on a three wheeler. Yesterday, like any other day, when she had gone to her work, but as she did not return by evening at 07:00 P.M., a search was made by his brother-in-law and others, but in vain. Yesterday, like any other day, when she had gone to her work, but as she did not return by evening at 07:00 P.M., a search was made by his brother-in-law and others, but in vain. In the morning, they were told that a dead body of a woman was lying in sugarcane field of one Mohan Singh Bisht, which was ultimately identified as the body of his daughter. The body was naked and a leather belt was wrapped around the neck of the deceased. There was blood on the belt as well as on the mouth of the deceased and the blood was also coming out from the private parts of the deceased. Her purse and her sandals were found nearby and so was her lunch box. In her purse, an amount of Rs.7,260/- was also found. The FIR further states that his daughter has been raped and murdered by some unknown persons. 8. The initial investigation in this case was done by one Sub Inspector Bhupendra Singh Dhoni. During the investigation, this Investigation Officer discovered that the deceased was being harassed or teased by certain unsocial elements of the locality, usually while she was returning from her work. The names of these boys were given to the police. These names include the name of the present appellant/accused Bhaskar Joshi. On further investigation, it was found that ever since the date of the incident i.e. 19.11.2008, the accused who runs a tea shop at "Mota Haldu", has not opened his shop, though he was spotted in the area after five to six days of the incident. The Investigating Officer obtained the mobile number of Bhaskar Joshi. Records of the mobile number were obtained from its source. It was then found that Bhaskar Joshi was in frequent touch with a mobile number i.e. 9012012574. It was also found that on the fateful day i.e. 19.11.2008 at about 07:45 to 08:00 PM, he had conversations on this number. The number was of a girl called Mona Bhatt, who is resident of Mallital, District Nainital. The Investigation Team reached Nainital and took statement of Mona Bhatt, who was also examined as PW 6. 9. Mona Bhatt gave a statement to the police that at about 07:45 PM, the accused, who is a distant relative, had called her. The number was of a girl called Mona Bhatt, who is resident of Mallital, District Nainital. The Investigation Team reached Nainital and took statement of Mona Bhatt, who was also examined as PW 6. 9. Mona Bhatt gave a statement to the police that at about 07:45 PM, the accused, who is a distant relative, had called her. They are in touch with each other on phone and on the fateful day, the accused confessed to her that he has committed the murder of a girl. The call came to her at about 07:45 PM. Another call came later in the night, which she hung up. The third call came from the accused in the morning and she was threatened that if she discloses this incident to anyone, she will be killed. This particular witness who was an important witness for the police, as an extra-judicial confession was made before her and further she gave her statement before the learned Magistrate under Section 164 of CrPC which was duly recorded. She, however, turned hostile, during the trial. But of this later. 10. The sample of hair which was taken from the hand of the deceased, at the time of inquest, and which was an extremely important part of the evidence, was not sent in a proper format to the Forensic Science Laboratory at Chandigarh, and consequently it was returned. All the same, this sample was later sent to Forensic Science Laboratory at Dehradun, where it was examined. The result of this test will be discussed in a while. 11. Meanwhile, the accused was arrested on 28.11.2008 near "Gola Gate" in Haldwani and was produced before the Magistrate and his remand was taken. On his pointing out his blood stained clothes and handkerchief were recovered. After the investigation in the matter, the police filed the charge-sheet against the accused under Sections 302 and 376 of IPC. The matter was committed to Sessions and charges were framed by the learned Sessions Judge, Nainital against the accused under Sections 376 and 302 of IPC on 04.04.2009. Later the matter was transferred to the Additional Sessions Judge, Haldwani, District Nainital. 12. In order to establish its case, the prosecution has examined as many as 19 witnesses. 13. The matter was committed to Sessions and charges were framed by the learned Sessions Judge, Nainital against the accused under Sections 376 and 302 of IPC on 04.04.2009. Later the matter was transferred to the Additional Sessions Judge, Haldwani, District Nainital. 12. In order to establish its case, the prosecution has examined as many as 19 witnesses. 13. Apart from these witnesses, the material evidences placed by the prosecution were the postmortem report of the deceased, the medical report of Bhaskar Joshi, as the accused who was medically examined in terms of Section 53A of CrPC. Further the forensic lab report regarding the hair sample, the blood stained clothes of the deceased, and the handkerchief of the accused were also produced. 14. Pw 1 Bhagwan Singh Rana is a formal witness who was the Head Moharir at the relevant time at Police Station Lalkuan, who had formally lodged the first information report. 15. Pw 2 M.S. Sharma is the doctor who had conducted the autopsy, along with the lady doctor Anupama Hyanki. PW 2 states on oath that on 20.11.2008, he was working as a Medical Officer at Soban Singh Jeena Hospital at Haldwani. On 20.11.2008 at 04:30 P.M., he conducted the autopsy. The body was of a 24 year old girl. She was of average height and built. Rigor mortis was present in the entire body of the deceased. Her tongue was protruding out and had bite marks. A belt was tied around her neck with knot on the left side of her neck. Blood was coming out from the mouth of the deceased, which had also accumulated on the right side of the mouth of the deceased. The doctor had observed the following ante-mortem injuries on the body of the deceased:- "(i) A contusion of 1 x 1 cm on the middle of her right cheek. (ii) Semi-lunar abrased contusion, "teeth mark", 2 cm x 1.5 cm. on the right side of her chin. (iii) Semi-lunar abrased contusion 2.5 cm x 1.5 cm on the left side of chin extending towards the upper part of cheek. (iv) Abrased contusion 2 x 2 cm semi lunar in shape in the middle part of the left cheek. (v) Abrasion 1 x 1 cm on the left side of face, 3 cm away from the left eye. (iii) Semi-lunar abrased contusion 2.5 cm x 1.5 cm on the left side of chin extending towards the upper part of cheek. (iv) Abrased contusion 2 x 2 cm semi lunar in shape in the middle part of the left cheek. (v) Abrasion 1 x 1 cm on the left side of face, 3 cm away from the left eye. (vi) Multiple contusion on the left side of her face varying from the size 2 x 2 cm to 1 x 1 cm. (vii) Abrasion .5 x .5 cm. on the tip of nose. (viii) Abrasion .5 x .5 cm on the root of nose. (ix) Teeth marks 3 cm x 1 cm semi lunar in shape over the right breast below the nipple. (x) Teeth marks semi-lunar in shape 2.5 1.5 cm over the left breast above the nipple. (xi) Abrasion 15 cm. x 8 cm. on the back of right thigh. (xii) Multiple abrasion over the right leg in the back in the area of 7 cm x 6 cm. with a size of 1.5 x 1 cm to 1 x 1 cm. (xiii) Abrasion 2 x 3 cm on the right knee. (xiv) Abrasion 2 x 2 cm on the left knee (xv) Abrasion 2 x 1.5 cm on the back of left knee. (xvi) A ligature mark 23 cm x 2 cm, with multiple rings marks all around the neck with knot 3 cm on the left lateral part of neck. On further exploration of the ligature mark the base is grooved, and is pale in appearance. On further cutting sub-cutaneous hemorrhage seen with adjoining area of mark. The cornio of thyroid cartilage as well as tracheal rings are found fractured, the base of trachea is found congested & shows frothy mucus. Hyoid bone* is found fractured." 16. This witness further states that in order to examine the private parts of the deceased help was taken from a lady Medical Officer Dr. Anupama Hyanki. The observations made were as follows:- (i) Right labia majora shows a laceration of 2 cm x 1 cm extending downward towards the anus, along with eversion. One oozing from her vagina is observed. (ii) Contusion of 1 cm x 0.75 cm. in between the area of left labia majora & left labia minora." * Hyoid bone is a horseshoe shaped bone which lies at the base of the tongue. 17. One oozing from her vagina is observed. (ii) Contusion of 1 cm x 0.75 cm. in between the area of left labia majora & left labia minora." * Hyoid bone is a horseshoe shaped bone which lies at the base of the tongue. 17. On internal examination, it was found that the right side of her vagina was ruptured and her hymen was broken. On the opening of the urethera and around her urethral meatus there was a rupture throughout and there was also an abrasion. It was also observed that the anatomy of her vagina was not normal. Her anus was also examined from where swab was taken for further forensic examination. Towards the end, the doctor gives his medical opinion that the deceased was strangulated some time in the night of 19.11.2008. The main injury which caused her death was injury no. (xvi), which is strangulation by the belt. This witness was put to crossexamination but nothing has come out which may cast any doubt on the manner in which the deceased was put to death and the inhuman brutalities she was subjected to. 18. Pw 19 Dr. Ajay Naithani is the doctor who has examined the accused on 29.11.2008 i.e. after 10 days of the incident, had noticed following injuries on the body of the accused:- (i) The middle finger of the right hand had an abrasion of 0.5 x 0.5 cm, which had a layer of blood clotting above it. (ii) Abrasion of 0.5 x 1cm on the middle finger of right hand. (iii) Abrasion on the left side of mouth 0.5 x 0.5 cm, which had blood clotting above it. (iv) Abrasion 0.5 x 0.2 cm, 1 cm just above the upper lip. (v) Ulcer 0.5 cm x 0.2 cm inside the lower lip containing pus. (vi) Abrasion 1.5 cm x 0.5 cm, 2 cm below on the neck left below the left eye which had blood clotting above it." 19. Pw 3 Diwan Singh and PW 4 Mohan Singh are the witnesses for the recovery for the sample of hair which was taken from the left hand of the deceased. (vi) Abrasion 1.5 cm x 0.5 cm, 2 cm below on the neck left below the left eye which had blood clotting above it." 19. Pw 3 Diwan Singh and PW 4 Mohan Singh are the witnesses for the recovery for the sample of hair which was taken from the left hand of the deceased. Although these two witnesses have turned hostile but that would not materially affect the case of the prosecution, inasmuch as, at the same time a memo was prepared by PW 18 Sub-Inspector Sharad Chaudhary, who has confirmed that the hair was taken from the left hand of the deceased at the time of preparation of the inquest report. The inquest report also duly notes the presence of hair on the left hand of the deceased. 20. Pw 5 Anil Kumar Durgapal is the witness for the recovery of articles, which were lying around the body of the deceased and they were discovered in the morning of 20.11.2008. 21. Pw 6 Kumari Mona Bhatt who was one of the prime witnesses in this case, as she was a witness for extra judicial confession, has turned hostile. In her examination-in-chief, she states that she knows the accused who is related to her. She also confirms that her mobile number is the same as was found in the investigation i.e. 9012012574, though this number was not given to her by Bhaskar Joshi but is her own number. She knows the mobile number of Bhaskar Joshi and she also admits that she was in frequent touch with him on mobile phone. She admits that she received a phone call at 07:50 P.M. in the evening on 19.11.2008 of Bhaskar Joshi, which was a usual conversation about family matter, nothing much. She then states that the accused did not tell her about any murder committed by him and she denies any kind of confession made to her by the accused. The witness was declared hostile. 22. Pw 7 Raju Joshi is the witness for recovery of clothes which were blood stained and were recovered from the house of the accused on his pointing out. 23. Pw 8 Kunwar Singh and PW 9 Vikram Singh are the witnesses for the recovery of the handkerchief. The witness was declared hostile. 22. Pw 7 Raju Joshi is the witness for recovery of clothes which were blood stained and were recovered from the house of the accused on his pointing out. 23. Pw 8 Kunwar Singh and PW 9 Vikram Singh are the witnesses for the recovery of the handkerchief. This handkerchief evidently was recovered as a statement was given by the accused before the police that after committing the murder of the deceased he had disposed of all the blood stained clothes, except the handkerchief. While he was going to attend a marriage at Almora on 03.12.2008, he discovered that the blood stained handkerchief was still in his bag. He immediately threw away the handkerchief out of the window of the bus, while the bus was at a place called Khairna i.e. between Nainital and Almora. The two have turned hostile. 24. Although the independent witnesses of the recovery have turned hostile. On their statement before the Court they have said that the police had taken their signatures on plain paper. This has rightly been disbelieved by the trial court. For example P.W.8 Kunwar Singh who is an independent witness to the recovery of handkerchief has a shop between Almora and Nainital where the handkerchief was recovered and in such matter it is highly improbable that he would have signed on blank papers. 25. The other main witness is PW 15 Bhupender Singh Dhoni who had done the investigation as already discussed in detail in the previous paragraphs. 26. There were in total five bundles which were sent for forensic examination in the Forensic Science Laboratory, Dehradun. 27. The first bundle contained the following items of the deceased:- "1. Piece of belt 2. Pant 3. Kurta 4. Sweater 5. Bra 6. Sameej 7. Panty 8. Lower Inner 9. Black thread along with talisman." 28. The second bundle contained the blood contained soil i.e. item no. 10, the third bundle contained only the soil i.e. item no. 10A, the fourth bundle contained a sweater and a pant i.e. item no. 11 and 12 and the fifth bundle contained the handkerchief, which was item no. 13. 29. The forensic report dated 20.01.2009 states as under:- "Human blood was detected on item nos. 1, 3 to 6 and 10 to 13. No blood was found on item nos. 2 and 7 to 9. The largest spot at item no. 11 and 12 and the fifth bundle contained the handkerchief, which was item no. 13. 29. The forensic report dated 20.01.2009 states as under:- "Human blood was detected on item nos. 1, 3 to 6 and 10 to 13. No blood was found on item nos. 2 and 7 to 9. The largest spot at item no. 13 was of size 05 cm. The blood has been marked at one place on item no. 11. Human blood was detected on item nos. 3, 4 and 11 to 13. The blood on item nos. 1, 5, 6 and 10 was found disintegrated and hence no determination could be made. On item nos. 3 and 11 to 13 blood of Group A was detected. No conclusive result could be obtained regarding classification of blood group of the blood contained on item no. 4." 30. There were two parcels which were also sent for forensic examination. The first parcel had two exhibits, Exhibit 1 and Exhibit 2. Exhibit 1 was the hair which was taken along with the roots from Bhaskar Joshi and the Exhibit 2 was the cut hair of accused Bhaskar Joshi. The second parcel was exhibit 3 which was the hair recovered from the left hand of the dead body of the deceased at the time of the inquest. The FSL result shows as follows:- "1. On visual and microscopic examination, similar type of human hair were detected in exhibits-1, 2 and 3." 31. Admittedly, no DNA profile was made of the hair sample which was collected during the investigation. 32. Even though we are not very happy with the way the investigation had proceeded in the case, inasmuch as, DNA profile was not done from the vital piece of evidence (hair), collected during the investigation, yet there are too many incriminating evidences against the accused still, which not only point towards his guilt, but establish it beyond a reasonable doubt. 33. We are of the opinion that the following evidences collected by the prosecution finally establish the guilt of the accused, beyond a reasonable doubt. These are as follows: (1) Hair which were found on the left hand of the deceased at the time of the inquest matches with the sample of the hair collected from the accused after he was apprehended. These are as follows: (1) Hair which were found on the left hand of the deceased at the time of the inquest matches with the sample of the hair collected from the accused after he was apprehended. True this itself is not a conclusive test, inasmuch as no DNA profile was made of the two samples yet it narrows down the gap, though not conclusive. It would now depend whether this evidence is corroborated further. (2) The recovery of the blood stained clothes of the deceased as well as the accused and the handkerchief of the accused, on which the blood of same group was found, are all of the same blood group. (3) The injuries found on the body of the accused who was medically examined on 29.11.2008 i.e. after 9 to 10 days of the alleged incident by the doctor. The injuries are of a nature which could have been sustained by the accused while he was strangulating the victim, as the victim who was an adult would have raised all her strength to get out the clutches of the accused and in the process, injured the accused. These injuries have been described in para 18 of the present order and these are precisely the kind of injuries which have been inflicted on the accused, such as abrasion on his right hand fingers, as well on his mouth, upper lip and neck. In his medical report the doctor states that all the injuries are caused by hard blunt object and were at least 7 days prior to the date of examination and are simple in nature. He had also noticed "scab" on these injuries which showed that they were more than a week old. The doctor was examined as PW 19 where he testifies to his report and opinion. (4) The fact that the accused did not open his shop for several days after the incident is also to be considered by this court. In terms of Section 8 of the Evidence Act, the act of the accused subsequent to the crime is a fact which the court must consider. (5) There was also evidence against the accused which shows that he was infatuated with the deceased and had been stalking her earlier. 33. We have before us a case of circumstantial evidence. In terms of Section 8 of the Evidence Act, the act of the accused subsequent to the crime is a fact which the court must consider. (5) There was also evidence against the accused which shows that he was infatuated with the deceased and had been stalking her earlier. 33. We have before us a case of circumstantial evidence. The chain of evidence in such cases must be complete and point nowhere else but towards the accused. We have no doubt that once we read the entire evidence of the prosecution as presented, the chain is complete and the prosecution has been able to establish its case beyond a reasonable doubt. 34. In view of the above observations, we find no ground to interfere with the judgment and order passed by the court below. Consequently, the criminal appeal fails and it is hereby dismissed. 35. Let a copy of this judgment be sent to the lower court for onward compliance.