IMPORTANT POINT
Suspicion, however, strong cannot take the place of proof and conviction cannot be based on mere suspicions.

JUDGMENT

N.M. Kasliwal, J.-This appeal is directed against the judgment passed by learned Sessions Judge, Jaipur District, Jaipur on July 31, 1975, "whereby the accused-appellant has been convicted for offence under section 302 Indian Penal Code and sentenced to imprisonment for life. He has been further convicted for offence under section 392 Indian Penal Code and sentenced to seven years" rigorous imprisonment. Both the substantive sentences have been ordered to run concurrenty. The accused-appellant aggrieved against the conviction and sentence preferred an appeal through Jail wherein Shri A.K. Gupta subsequently volunteered to represent the accused-appellant.

2. The facts giving rise to this appeal are that-On June 26, 1975 Jagdish Prasad Sharma, P.W. 1, lodged a written report addressed to the Station House Officer, police station, Bassi wherein it was alleged by him that his father's sister whose name was Bhuwani and who had become widow in her childhood, used to live at their residence. She was about 70 years of age. On that morning at about 11 a. m. she was going from her house towards the village Gonare. In the way near village Burthal someone followed her on cycle and she was killed by inflicting lathi blows. She was thereafter dragged on a side from the route and her both the legs, were cut and the silver kadas which were in her both the legs have been removed. Approximate weight of those silver kadas are about 1½ kg. On the receipt of this report a case under section 302 Indian Penal Code was registered and investigation commenced. On June 28, 1974 the autopsy of the corpse was got conducted by Dr. Om Prakash Gupta, P.W. 10 Medical Jurist, S.M.S. Hospital, Jaipur, who found the following external and internal injuries on the person of the deceased.

External:

1. Incised wound 9 cm x 3 cm transverse on forehead in middle, 4 cm above eye brows, bone deep.

2. Incised wound 3 cm x 1 cm verticle in mid-line, extending from bridge of nose to wound No. 1. It was bone deep.

3. Incised wound 3 cm x 1 cm parallel to mid-line, 1 cm right to it, on posterior part of parietal region from scalp, bone deep.

4. Incised wound 3 cm x 14 cm on left side of scalp in occipital parietal region, 7 cm from mid-line, perpendicular to mid-line, bone deep.

5. Incised wound 3 cm x 14 cm on left side of scalp in occipital region, 10 cm from mid-line, bone deep.

3. All the injuries were anti-mortem in nature and all the five injuries were caused by some sharp cutting weapon.

Legs

4. The portion of both the legs with lower third with feet were lying apart from the dead body. The cut portion of the parietal portions of the remaining legs are simulting with that of the ampulated portions in their size. The cut portions are not uniformally regular though the margins are clear cut. These injuries of legs were post-mortem in nature, caused by some sharp cutting weapon.

Internal:

6. Scalp, skull and vertebrae and membranes, brain and spinal cord.

Skull:

(ii) Fracture frontal bone transverse, 9 cm. long and 7 cm above eye brows both,

Fracture frontal bone verticle in mid-line extending from above mentioned fracture No. 1 to downwards up to bridge of none.

Brain:

7. Laceration in right frontal bone and subdural haematoma right parietal region.

8. The investigating officer P.W.16 Him mat Singh on the same day i.e. June 28, 1974 after inspecting the site prepared the memo of site-inspection and inquest report and also recovered certain goods lying by her side. The investigating officer found near the spot two foot prints, (the marks of a sendal) and he took its mould and prepared memo Ex. P. 11. The investigating officer on the same day arrested the accused and prepared the arrest memo Ex. P. 18. While the accused was arrested he was found having cycle Art. 4 with him which was also seized. A transistor was also recovered from his possession besides Rs. 620/- in cash. After his arrest the accused while in custody gave an information Ex.