The judgment establishes the principle that circumstantial evidence, including recoveries from the accused and matching finger prints, can be sufficient to prove guilt in a criminal case.

R. S. SODHI, J.

( 1 ) CRIMINAL Appeal No. 570 of 2003 seeks to challenge the judgment dated 30. 04. 2003 in Sessions Case No. 50 of 1999, F. I. R. No. 259 of 1999, Police station Nangloi, whereby the learned Judge has convicted the appellant under section 302/392/394 IPC. Further by a separate order dated 15. 05. 2003, the appellant was sentenced to undergo imprisonment for life together with fine of rs. 10,000/- (rupees ten thousand) and in default of payment of fine to further undergo simple imprisonment for one year under Section 302 IPC. Under Section 392 IPC, he was sentenced to rigorous imprisonment for three months. He was sentenced to undergo rigorous imprisonment for seven years with a fine of rs. 3,000/- (rupees three thousand) and in default of payment of fine to further undergo simple imprisonment for three months under Section 394 IPC. All the sentences were directed to run concurrently and the accused was entitled to benefit of Section 428 Cr. P. C.

( 2 ) BRIEF facts of the case as noted by Additional Sessions Judge are as follows :-

". . . . . On the night intervening 10th and 11th March, 1999 at about 4. 05 a. m. information was received at P. P. Nihal Vihar through L/const. Babita of the PCR. According to her a fire had broken out in a house bearing No. E or T-8, Adhyapak nagar, Nazafgarh Road. DD No. 29, P. P. Nihal Vihar, P. S. Nangloi was recorded on this information and was entrusted to SI B. S. Chillar who along with Const. Ranbir Singh had left for the spot. This information was also given to Inspt. S. S. Ramela who was posted as SHO P. S. Nangloi on that day. Inspt. S. S. Ramela reached I-8, Adhyapak Nagar, Delhi on his official gypsy where he came to know that the incident had taken place at H-86, Adhyapak Nagar. He, therefore, reached the spot H-86, Adhyapak Nagar, where he found SI Vijender Singh, incharge, P. P. Nihal Vihar and Const. Ranbir Singh already present there. DD no. 29 was handed over to him by SI B. S. Chillar. Inspt. S. S. Ramela entered the room where the incident had taken place in order to inspect the same. He found number of burnt clothes. He also found four dead bodies which were identified to be those of Ramesh Chand Varun, aged 39 years, his wife Vimla, aged about 33 years and their two daughters aged about 5 and 7 years. The deadbody of Vimla, w/o Ramesh Chand Varun was in a charred condition and was lying on a folding bed. The dead bodies of Ramesh Chand Varun and his two daughters were found 'inside a wooden Diwan'. The dead body of Ramesh Chand Varun and several injuries including one on the head from which blood in sufficient quantity had come out. The eyes and mouth were closed. On his right and left lay the dead bodies of his two daughters Preeti and Aarti. Preeti had a Chunni ligature tied over her neck; the tongue had protruded out; eyes were closed. The neck of aarti was tied with a blouse, her tongue had also protruded out and her eyes were lying closed. There were blood stains on the spot at various places. Blood stains were also found in the kitchen, staircase and on the roof. Inside the room there were some burnt clothes which were also stained with blood. Blood in sufficient quantity was also lying inside the Diwan. No eyewitness was available on the spot. Inspector S. S. Ramela prepared a rukka on the basis of the evidence available on the spot and got a case registered under Sections 302/201/436 IPC through Constable Ranbir Singh. He also summoned the dog squad and the Crime Team, a photographer and a team from the CFSL. He had also requested that a special report be sent through a special messenger. Case FIR no. 259/99 was thus registered at P. S. Nangloi on the basis of the rukka sent by inspector S. S. Ramela. The investigation was taken over by him. The spot was got photographed from different angles. The Crime Team which comprised of SI dhan Singh and Mr. K. N. Singh, Finger Print Experts, was successful in lifting two chance prints from the spot. The dead