JUDGMENT Sureshwar Thakur, J. - The instant appeal is directed against the judgment rendered, on 23.2.2018, by the learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, H.P., upon, Sessions trial No.26-R/7, of, 2015/2016, and, where through(s), the accused became convicted, for, a charge, drawn under Sections 302 IPC, and, also consequent therewith sentence, of, rigorous imprisonment, for life, and, a fine of Rs. 10,000/-, for the commission of offence, under, Section 302 IPC, became imposed upon him, and in default of payment of fine, he was further sentenced to undergo simple imprisonment for six months. The convict is further sentenced to undergo imprisonment, for two years, and to pay fine of Rs. 2000/-, for the commission, of, an offence punishable under Section 201 IPC, and in default of payment of fine, he was further sentenced to undergo simple imprisonment, for, a term, of, three months. 2. Brief facts of the case, are, that on 5.10.2014, complainant Jaswant Singh moved an application Ext. PW1/A, regarding missing of his servant namely Kul Prasad, in which it is alleged that deceased Kul Prasad, who was resident of Nepal, was working with him for the last 7-8 years. He provided him a rent free accommodation at Khaneri, in the same building where Kul Prasad used to reside with his wife Laxmi and daughter Sanjana. On 3.10.2014, complainant had gone to Shimla from Rampur and he had telephonic conversation with Kul Prasad, on 3.10.2014 at about 1:30 to 2 p.m. Thereafter when ever he tried to call him, his mobile phone was switched off. It is further averred that on 4.10.2014, he returned back, but Kul Prasad was not present in the office. It is further alleged that accused was in visiting terms to the house of Kul Prasad and often used to drink with him. He suspected in the application that Ramesh Chaudhary was having some knowledge of role in the missing of Kul Prasad. On the basis of his application, FIR Ext. PW14/A was registered in PS, Rampur. After registration ofl the FIR, I.O, PW-14 along with other police officials and complainant departed towards Chuhbag and Khaneri in search of Kul Prasad and Ramesh Chaudhary. One person was found standing near Hotel Little Chef at place Khaneri, who was identified as Ramesh Chaudhary. The accused was apprehended and his personal details were got verified.
After registration ofl the FIR, I.O, PW-14 along with other police officials and complainant departed towards Chuhbag and Khaneri in search of Kul Prasad and Ramesh Chaudhary. One person was found standing near Hotel Little Chef at place Khaneri, who was identified as Ramesh Chaudhary. The accused was apprehended and his personal details were got verified. The accused was interrogated and during investigation, he disclosed that he had killed Kul Prasad. On the basis of his disclosure, PW-2 Laxmi Devi, wife of deceased Kul Prasad was also associated in the investigation. In the presence of witnesses, accused disclosed that he had killed Kul Prasad with knife and had thrown his dead body in Satluj river by wrapping it in the blanket. He also disclosed lthat he can get identified the spot and get the knife recovered. His disclosure memo Ext. PW1/B was reduced into writing. Thereafter, the accused led the police party alongwith PW-1 and PW-2, to his residential room located below Sanjeevani Hospital, Khaneri. The accused took the raiding party inside the room and got recovered one knife Ext. PB1 from the Almirah lying under the newspaper. The knife was blood stained. Thereafter, the room of the accused was inspected and during inspection of the room, one blood stained T Shirt Ext. PC1 was recovered, which was identified by PW-2 Laxmi Devi, to be of deceased Kul Prasad. One certificate of citizenship, one blood stained broom Ext. PA1 and one blood stained piece of brick Ext. PEI was recovered from the kitchen. All the recovered articles were taken into possession vide memo Ext. PW1/E. Spot memo of the place of recovery Ext. PW14/C was prepared. The recovered articles were put in separate cloth parcel and cloth parcels were sealed with seal impression "R" and seal "R" after its use was handed over to PW-1 Jaswant Singh. Thereafter, accused disclosed that he had thrown his clothes with the dead body of Kul Prasad in river Satluj. Thereafter the accused led the police party and witnesses towards river Satluj near housing board colony at place Chuhbag. Accused identified that place from where he had thrown the dead body of Kul Prasad into river Satluj after wrapping in the blanket by dragging the same up to the cliff. The body of deceased Kul Prasad was searched in river Satluj, but it could not be traced out.
Accused identified that place from where he had thrown the dead body of Kul Prasad into river Satluj after wrapping in the blanket by dragging the same up to the cliff. The body of deceased Kul Prasad was searched in river Satluj, but it could not be traced out. On return to the police station, IO handed over the entire case property to mallkhana Incharge, PW-15 HC Sunil Kumar, who entered it in the malkhana register, abstracts of which are Ext. PW15/A to Ext. PW15/C and deposited in the mallkhana. On 15.10.2014, one Rajesh Kumar informed at PS Brow that one dead body has been found to be floating in river Satluj, upon which PW-6 Insp, Santosh Kumar alongwith other police officials of PS Brow, went to the banks of river Satluj near Jagatkhana bridge and found one dead body floating in river Satluj. PW-6 took the dead body to MGMSC, Khaneri and SHO, P.S. Rampur, disclosed that one murder case has been registered in P.S. Rampur, in which dead body had not yet recovered. PW-14 SHO,P.S. Rampur arrived at MGMSC Khaneri where PW-2 Laxmi Devi identified the dead body to be of her deceased husband Kul Prasad, vide memo Ext. PW2/A. Postmortem examination of the body of deceased was got conducted at IGMC Shimla, vide application Ext. PW14/F by the team of doctors and postmortem report Ext. PW12/A was procured. The blood sample of deceased was also taken on FTA card by PW-12. The blood samples of daughter of deceased were also taken on FTA cards Ext. PW5/A-1, on 6.10.2014.On 7.10.2014 and 20.10.2014, case property was sent for SFSL examination vide R/C Ext. PW15/D and Ext. PW15/E. The FSL report Ext. PX to Ext. PZ were received in P.S. Rampur. It has come in FSL report Ext. PZ that the DNA profile obtained from recovered knife and vest and grass taken from the spot, from where the dead body was thrown has completely matched with the DNA profile of deceased Kul Prasad. It has also come that DNA profiling of deceased Kul Prasad was also consistent with the DNA profiling of his daughter Sanjana. After completion of investigation, PW-14 Insp. Mathura Dass prepared the challan and presented in the Court of LD. ACJM, Rampur.
It has also come that DNA profiling of deceased Kul Prasad was also consistent with the DNA profiling of his daughter Sanjana. After completion of investigation, PW-14 Insp. Mathura Dass prepared the challan and presented in the Court of LD. ACJM, Rampur. The learned ACJM, Rampur vide order dated 15.1.2015, committed the case to learned Sessions Judge, Rampur, from where it was received in this Court by way an appeal. 3. The accused was charged for committing, an, offence punishable, under Sections 302, and under Section 201, of, IPC. In proof of the prosecution case, the prosecution examined fifteen witnesses. On conclusion of recording, of, prosecution evidence, the statement of the accused, under, Section 313 Cr.P.C. was recorded, by the trial Court, wherein, he claimed false implication. 4. On an appraisal of evidence on record, the learned trial Court, recorded findings, of, conviction against the accused/appellant herein. 5. The appellant, is, aggrieved by the judgment of conviction, and consequent therewith sentence(s), recorded upon him, by the learned Additional Sessions Judge, Kinnaur at Rampur Bushehar, Himachal Pradesh The learned counsel appearing for the appellant, has concertedly, and, vigorously contended qua the findings of conviction, as became recorded by the learned Special Judge, standing not, based on a proper appreciation, by him, of the evidence on record, rather, theirs standing sequelled by gross mis-appreciation, by him, of the material on record. Hence, he contends qua the findings of conviction being reversed by this Court, in the exercise of its appellate jurisdiction, and, theirs being replaced by findings of acquittal. 6. On the other hand, the learned Additional Advocate General, has with compatible force and vigour, contended that the findings of conviction, as, became recorded by the Court below, standing based on a mature and balanced appreciation of evidence, on record, and, theirs not necessitating any interference, rather theirs meriting vindication. 7. This Court with the able assistance, of, the learned counsel, on either side, has, with studied care and incision, evaluated the entire evidence on record. 8. The prosecution case, commences from a statement recorded, by one Jaswant Singh, statement whereof, is, embodied in Ext. PW 1/A. In pursuance to Ext. PW1/A, FIR, embodied in Ext.
7. This Court with the able assistance, of, the learned counsel, on either side, has, with studied care and incision, evaluated the entire evidence on record. 8. The prosecution case, commences from a statement recorded, by one Jaswant Singh, statement whereof, is, embodied in Ext. PW 1/A. In pursuance to Ext. PW1/A, FIR, embodied in Ext. PW14/A, became registered with Police Station, Rampur, wherein, the informant, (i) one Jaswant Singh, makes a narration, vis--vis, his last holding a conversation, with the deceased Kul Prasad, engaged by him, as labourer, hence on 3.10.2014, (ii) and, despite his striving to make contacts, with the afore deceased, over his mobile number, the deceased being un-responsive, (iii) thereupon, his proceeding to lodge an apt disappearance report, with the police, qua the whereabouts, of, the deceased Kul Prasad. He has also narrated therein that since both the accused, and, deceased Kul Prasad, were, on friendly terms, and also, used to consume drinks together, besides he echoes therein, qua the deceased suspecting the accused to be holding illicit relations, with his wife, thereupon, the, informant also raised a suspicion, qua the accused murdering, the, afore deceased Kul Prasad. The entire prosecution case, is, erected upon, circumstantial evidence, and, in a case anchored, upon, circumstantial evidence, hence necessity, of, proof, of motive may assume significance, upon other links, in the chain of circumstances, becoming efficaciously, proven by the prosecution. (iv) In aftermath, the prosecution became enjoined to prove all the links, in the chain, of, circumstances, whereafter, adduction, of, proof, vis--vis, the nursing, of, the afore motive, hence by the accused, rather become necessary. Postmortem report, embodied in Ext. PW12/A, casts therein, the hereinafter extracted narrations: "Upon examination, I found following antemortem injuries: "(i) Incised wound of 4x3.5 cm x bone deep present on the under aspect of the chin with beveled lower edge. The underlying upper periostial layer of the mandible bone is found cleanly cut (slash off). There is antemortem infiltration of the blood in and around the wound edges.
The underlying upper periostial layer of the mandible bone is found cleanly cut (slash off). There is antemortem infiltration of the blood in and around the wound edges. (2) Incised wound 18x1 cm extending vertically downward and backward upto oesophagus, transversely disposed present on the front of the nexk at the level of upper margin of the thyroid cartilage extending across the mid line on either side of neck, severing the underline subcutaneous tissues, muscles, nerves and blood vessels including the jugulars and carotid vessels on the either side completely severing the larynx through and through with cut edges of thyroid cartilage lying in situ in the depth of the wound with antemortem infiltration of blood in and around the edges of all the divided (cleanly cut) tissues. The ends of the wound are points, the margins are regular. The upper literal border of the thyroid cartilage is separated (cleanly divided) from therest of the cartilage with cut edges, lying freely. No injury present in the hyoid bone and rest of the thyroid cartilage. (3) Contusion of size 2.5x1 cm present over the dorsal aspect of left hand. Upon examination, Iobserved following postmortem injuries: (i) Lacertaed wound of 4x2.5 cm x bone deep with no underlying skull fracture present on the right parietal region of the scalp with no evidence of any antemortem infiltration of blood in and around the wound. (ii) Lacerated wound of 3x1 cm x bone deep present over left side of forehead above the left eyebrow with no underlying bony injury and no evidence of any antemortem infiltration of blood in and around the wound. and, PW-12, upon his stepping into witness box, has proved all the afore narrations, as, embodied in Ext. PW12/A, and has also, opined that the reasons' for occurrence of demise, of the deceased, being ascribable, to, an ante-mortem throat cut injury. Knife, Ext. PB-1, upon being shown to PW-12, during the course, of, his examination-in-chief, became echoed by him, to be the cause, of, the afore throat cut injury, occurring on the body, of, the deceased. Further, in his cross-examination, he has also made voicing(s), vis--vis, (v) the face, of, the deceased, being bloated, (vi) it being un-recognizable, (vii) the body, of, the deceased, being de-composed.
Further, in his cross-examination, he has also made voicing(s), vis--vis, (v) the face, of, the deceased, being bloated, (vi) it being un-recognizable, (vii) the body, of, the deceased, being de-composed. He has further deposed, in his cross-examination, that the afore symptoms, noticed by him, to be appearing, on the body, of, the deceased, making their occurrence, thereon, after two to three days, of, death, and that after four weeks, of, death, the internal organs starting to liquefy, and, the face, becoming un-recognizable. The afore occurrence(s), respectively, in the examination-in-chief, of PW-12, and in the cross-examination, of, the afore witnesses, though do, prima-facie, enable this Court to erect an inference, vis--vis, the identification, of, the apposite body, by his wife PW-2, being construable to be erroneous. However, the learned Addl. A.G., appearing, on behalf of the respondent-State, has made a vigorous submission, before this Court, rather for dispelling, the, making, of, afore inference, (viii) through his alluding, to, Ext. PW5/A, where through, the blood samples, of, the daughter of the deceased, became collected upon FTA cards, through Ext. PW5/D, and, with the afore factum also, becoming proven, through the testification, of, PW5, and, with proof qua therewith, also remaining unchallenged, (ix) and when PW-12, in his examination-in-chief, has, made echoing(s), vis--vis, his collecting the blood samples, of, the deceased, on FTA cards, through Ext. PW12/C, (x) and, whereafter, with the DNA expert, upon making interse comparision(s) of the afore collected blood samples, upon FTA cards, respectively, of, the deceased and, of, his minor daughter, his making, a, conclusion, qua the requisite matching, occurring (xi) thereupon, the afore factum, fully disables the learned counsel for the appellant, to argue that given PW-12, in his cross-examination, making articulation(s), rather unfolding, (xi), vis--vis, after four weeks, of, demise, of, deceased, the face becoming un-regonizable, hence the apposite identification, becoming falsified. 9. Be that as it may, the afore made submission by the learned Additional Advocate General, for unhinging all the argument(s), rested upon the afore echoing(s), borne in the cross-examination, of, PW-12, and, appertaining to un-recognizibility, of, the face of the deceased, become further attempted, by him, to gather strength, (i) from the factum, of, PW-12, making ad- nauseum enumeration(s), in his cross-examination, vis--vis, the, internal organs, commencing to liquefy, rather after four weeks, yet with his not making observation(s), in consonance therewith, in Ext.
PW12/A, (ii) thereupon, he makes an endeavour to persuade this Court to, not accept the afore contention, as addressed before this Court, by the learned counsel, for the convict. 10. Be that as it may, even if, assuming PW-12, who conducted autopsy on the body of one Kul Prasad, hence on 16.10.2014, and, also assuming given it remaining un-controvered, vis--vis, his disappearance, purportedly commencing from 3.10.2014. Consequently, prima-facie, the autopsy conducted upon the body, of, the deceased, became conducted, within two weeks, of, dis-appearance, of, one Kul Prasad, if, the latter be the disappeared or the murdered person. 11. Nowat, the credibility, of, deposition, of, PW-1, comprised in his examination-in-chief, wherein, he deposed with consistency, with, his previously recorded statement(s), in, writing, as, borne in Ext. PW1/A, and, makes a narration therein, vis--vis, his last making contact, with the deceased, on, 3.10.2014, rather over his mobile number, 8894749433, obviously, becomes enjoined to be tested. The reason(s), for ensuring, the, testing, of, the credibility, of, the afore, arises, from the factum of, PW-12, making voicing(s), in his crossexamination, (i) vis--vis, after four weeks, of, demise, of, the person concerned, rather the internal organs, of, the deceased, put to post-mortem examination, beginning to liquefy, despite, in the earlier portion thereof, his deposing qua the face of the deceased, rather bloating, and also becoming un-recognizable, and, besides, the, body, of, the deceased becoming de-composed. Reading(s), of, the afore statement, occurring in the cross-examination, of, PW-12, does, require precise timing(s), being made, vis--vis, the disappearance, of, the deceased, dehors PW-12, not making observation(s), in Ext. PW12/A,vis--vis, the internal organs, of, the deceased, purportedly one Kul Prasad, not beginning to liquefy. (ii) The factum of, de-composition, of, the body, and un-recognizability, of, the body, as, deposed by him, to hence occur after four weeks, of, death, does, also enjoin, the, making(s), of, precise ascertainment(s) qua the timing, of, dis-appearance, of person concerned, and, concomitantly, also qua hence PW-1, being credible, in deposing, vis--vis, the purported disappearance, happening, on, 3.10.2014 (iii) and also, concomitantly, whether given, PW-12, in his cross-examnation, unfolding, vis--vis, the body, of, the deceased, as, subjected to post-mortem, becoming un-recognizable, whether thereupon, PW-2, befittingly hence recognizing him, to be the deceased, does, carry any evidentiary weight or vigor, (iv) and whether thereupon(s), all the afore conclusion(s), hence recorded by the FSL, in its report, rather carrying any evidentiary worth, and, vigor. 12.
12. To the considered mind ofthis Court, despite PW-1, unfolding, in his examination-in-chief, the contact number, of, one Kul Prasad, inasmuch as, it being 8894749433, nonetheless, the apposite service provider, remained rather not engaged in the relevant investigation(s), by the Investigating Officer concerned, for hence ensuring emergence(s), of, firmest proof, vis--vis, whether the afore number remained active or not on 3.10.2014, or whether it remained in-active, much prior thereto. The marshalling, of, the afore evidence, by the Investigating Officer concerned, would firmly, ensure the precise timing(s), being made, vis--vis, the purported dis-appearance, of, one Kul Prasad, and, also, as a natural corollary, ensure whether the deposition, of, PW1, vis--vis, one Kul Prasad, disappearing, on 3.10.2014, hence enjoying the firmest evidentiary strength. Moreover, also hence the factum of, the purported body, of, one Kul Prasad, becoming recognized by PW-2, his wife, would, gather weight, dehors PW-12, in his crossexamination, deposing, vis--vis, the face, of, the deceased concerned, becoming un-recognizable. Since, the afore imperative evidence, does not, exist on record, as it remained un-collected by the Investigating Officer, thereupon, this Court, becomes constrained to conclude, (i) vis--vis, PW-1, contriving the factum of, one Kul Prasad, rather on 3.10.2014, making disappearance(s), and, assuming that even if, PW-12, subjected the body, of, one Kul Prasad, to post-mortem examination, (ii) yet, the echoing in the latter part, of, his cross-examination, that after four weeks, the body, of, the person concerned, as, put to post-mortem examination, becoming unrecognizable, and, besides importantly, his internal organs beginning to liquefy, would, gather immense weight, dehors, the corresponding thereto narrations, not occurring in Ext. PW12/A, (iii) the preponderant reason(s), for, making the afore inference(s), becomes derivable from a deep shroud, of, doubt, hence spurring from the afore omission(s), and, appertaining, to, the precise timing(s), of, disappearance, of, one Kul Prashad, being made therefrom(s), (iv) and, whereupon, the, shroud, of, doubt, not only rather percolates, into the, testification, of, PW-1, but, also benefit thereof being affordable, to, the accused, emphatically when the afore omission generates an inference, vis-a-vis, the apposite dis-appearance rather taking place much earlier. 13. The making(s), of, the afore inference, does also facilitate this Court to erect an inference, vis--vis, the collection of blood samples, of, the deceased, on FTA cards, thorough Ext.
13. The making(s), of, the afore inference, does also facilitate this Court to erect an inference, vis--vis, the collection of blood samples, of, the deceased, on FTA cards, thorough Ext. PW12/C, by PW-12,becoming vulnerable to the deepest, and, gravest skepticism, (i) especially, when the afore inference, becomes wellfounded, upon PW-12, hence deposing, vis--vis, the, body, of, the deceased becoming de-composed. Moreover, since this Court, records the afore inference, vis--vis, dehors, non-recording, by PW-12, in Ext. PW12/A, of, any observation, vis--vis, the internal organs, of, one Kul Prasad, commencing to liquefy, after elapse, of, four weeks, since the disappearance concerned, and, when this Court concludes that the deposition, of, PW-1, appertaining, to, the dis-appearance, of, one Kul Prasad, occurring on 3.10.2014, becoming falsified, (ii) rather, the, conclusion, hence arising, is, qua his disappearance, being much earlier than the afore date, (iii) thereupon, it becomes concludable, vis--vis, the, disappearance, of, one Kul Prasad, if had occurred, did occur, much earlier than 3.10.2014, and, hence, in the body, of, the afore Kul Prasad, if it was so, the internal organs, thereof, commencing to liquefy, and, thereupon, PW-12, deposing, vis--vis, the, body, of, the deceased concerned being symptomatic, of, de-composition, occurring thereon (iv) hence, it becomes an enigma, hence inexplicable, through any canon, of, medical jurisprudence, vis--vis, the amenability, of, collection, of, blood samples, rather therefrom(s) on FTA cards, for the relevant purpose, by PW-12 nor any credibility, is, fastenable, to collection, of, blood samples on FTA cards, of, one Kul Prasad, if so, (iv) and further consequences thereof, is that the apposite matching(s) therewith, vis-vis, the blood samples, of, his minor daughter Sanjana, being also not amenable, for, any fastening of any credence thereto. The apt sequel thereto, is that qua, the gravest doubt also erupting, vis--vis, from the factum, of, the body, of one Kul Prasad, being subjected, to, post mortem examination, by PW-12, and, also, hence the recognition, of, his body, by PW-2 also becoming engulfed, in, an aura of gravest doubt. 14. Even though, the afore conclusion, becomes recorded by this Court, nonetheless from the other links, in the chain, of, circumstances, it becomes contended, by the learned Addl. A.G. qua the accused, being involved, in the commission, of, murder, of, deceased Kul Prasad. The imperative links, in the chain, of, circumstances are enjoined by him to become comprised, in a blood stained Baniyan, Ext.
A.G. qua the accused, being involved, in the commission, of, murder, of, deceased Kul Prasad. The imperative links, in the chain, of, circumstances are enjoined by him to become comprised, in a blood stained Baniyan, Ext. PD, purportedly worn by the accused, at the relevant time, hence becoming recovered, through Ext. PW1/H, and, with, the thereon(s) borne blood stains, upon becoming subjected, to, the apposite matching(s), with the blood samples, collected on FTA cards, by PW-12, of, purported deceased Kul Prasad, sequelled an opinion becoming recorded, by the DNA expert, vis--vis, there occurring, the, apposite interse compatibility, interse, the afore(s). Even if assuming, PW1/H, does hold, some evidentiary vigor, nonetheless, vigor, if any, becomes fully unhinged, from, the factum of, one Jaswant Singh, being a marginal witness thereto, and when this Court, for the afore reasons, has belied his testimony, (i) thereupon, the recoveries, purportedly borne, on, Ext. PD-1, also acquires a concomitant stain(s), of, incredibility. Moreover, when this Court has, for the afore reasons, concluded, vis--vis, the blood samples, collected on FTA cards, by PW-12, of, the deceased, hence falling within the domain, of, skepticism, (ii) thereupon(s), the opinion(s) of FSL, embodied, in, Ext. PX, and, in Ext. PZ, and, their unfolding, vis--vis, their occurring interse matching interse the blood stains, on baniyan, borne in Ext. PD-1, with the blood, of, the deceased also, become(s) stained with, a, concomitant stain, of, deepest vulnerability. Resultantly, the opinion, of, the FSL, carries no evidentiary weight. For the alike reason, the opinion, of, the FSL concerned, as made upon Ext. PZ, exhibits whereof, are, the blood stains occurring, on, Ext. P-7, i.e. knife, as became recovered through memo, Ext. PW1/E, hence being relatable, to, the blood group, of, the deceased, also begets, a, taint of deepest vulnerability, and, skepticism, and, rather no capitalization therefrom, can be derived, by, the prosecution. Hence, the recovery memo(s), are, contrived and engineered, by, the Investigating Officer. 15. The learned Addl.A.G. has also contended, that with the accused not rendering any plausible explanation, vis--vis, the injuries, occurring on his person, and, as become revealed, in Ext.PW5/B, (i) thereupon, the natural sequel, arising therefrom, is, qua their occurring, a, scuffle, interse the accused, and the deceased, and, hence injuries, in sequel thereto, occurring upon the person(s), of, the accused. However, the injuries enumerated in Ext.
However, the injuries enumerated in Ext. PW12/A, are amenable, for, no credence, even if no explanation qua therewith, are unfolded by the accused, especially, when for the aforestated reasons, this Court has dispelled, the, efficacy, of, recovery, of, the weapons of offence, as,become, borne in Ext. PW1/E, besides has dispelled, the efficacy, of, apposite matching(s), interse the blood stains, borne in the recovered baniyan, with the blood group of, the deceased, hence made at the FSL, Junga, by the DNA expert concerned, whereupon(s) the afore incriminating piece(s), of, medical evidence, also becomes extremely weak. 16. Lastly, since this Court has completely disbelieved, the, deposition of PW-1, thereupon, motive, if any hence, ascribed, by him, to the deceased, comprised in his nursing a suspicion, inasmuch as the latter suspecting the former to hold illicit relation(s), with the wife of the deceased, becomes also completely falsified, (i) moreso, when he has, in his cross-examination, made an un-equivocal deposition, that after the purported demise, of, one Kul Prasad, PW-2, the latter solemnizing marriage, with, a Nepali, (ii) and, also when he has furthermore feigned ignorance, vis--vis, the afore Nepali, during the purported lifetime, of, deceased Kul Prasad, visiting his house, and with the afore feigning, of, ignorance, vis--vis, the afore factum of, PW-2, in his cross-examination, not appearing to be na ve, as the afore Kul Prasad, was engaged by him, (iii) and, hence enjoined him to make either a firm denial, to, the afore suggestion, or to accept it. Moreover, the afore purported motive, as ascribed to him, becomes weakened rather for all the aforestated reasons, inasmuch as other potent links, in the chain, of, circumstances, becoming falsified, thereupon, motive was neither required to be proved, nor was relevant, (iv) rather it is to be concluded that PW-2, was holding illicit relations with one Nepali labourer, than the accused, and, that the afore factum, was also, falsely deposed by PW-1, in his examination-in-chief, hence, the entire deposition, of, the afore PW-1, acquires, the, deepest taint, of, falsehood. 17. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court has not appraised the entire evidence, on record, in a wholesome and harmonious manner, and, the analysis thereof, by the learned trial Court, hence suffers, from, a perversity or absurdity of misappreciation and non-appreciation, of evidence, on record. 18.
17. For the reasons which have been recorded hereinabove, this Court holds that the learned trial Court has not appraised the entire evidence, on record, in a wholesome and harmonious manner, and, the analysis thereof, by the learned trial Court, hence suffers, from, a perversity or absurdity of misappreciation and non-appreciation, of evidence, on record. 18. There is merit in the appeal, and, the same is allowed. The impugned judgment is quashed and set aside. Fine amount, if any, be refunded to the appellant. Release warrants be prepared accordingly. The records be sent down forthwith.