The need for circumstances to support the exclusive hypothesis of the accused's guilt in cases relying on circumstantial evidence.

1. - This is an appeal filed against the judgment dated 13.8.1993 passed by the Additional District & Sessions Judge, Jaipur whereby the appellant had been ordered to be sentenced to life imprisonment under section 302 IPC with a fine of Rs. 2,000/-. He has also been sentenced under section 404 IPC for six months simple imprisonment with a fine of Rs. 50/- in default of sentence.

2. A report was lodged by one Prahlad son of Bhonrilal in Police Station Bassi to the effect that Smt. Nahna wife of Rain Narain (PW 4) was residing in village Shri Ram Nagar, Said Ram Narain had gone to meet the relatives on 5.5.1991. At about 9.00 or 10.00 a.m. PW 1 and other persons found the house of Ram Narain locked from outside. The witness peeped through the door and saw said Nahna in a dead condition and bleeding from her head. She did not respond despite being called. It. was stated in the report that the nephew of the deceased had come in the house last evening and he was missing at that time when the occurrence was noted. They suspected said Kaluram, nephew was involved and thus report Ex. P/1 was recorded. On the report, site plan was prepared, blood- stained earth was collected and sealed, photographs of the deceased were taken vide Ex. P/13 and she was sent for post-mortem which was done on 6.5.1991 at 9.00 a.m. by Dr. Kailash Gupta PW 15. It was stated in the post-mortem report that the death had occurred prior to 24 to 36 hours of the post-mortem. Three lacerated wounds of the size 6" x 3", 4" x 3" and 3' x 2' were found at vital places on head. The cause of the death was stated to be coma because of injury to brain and fractures of skull bone.

3. Ram Narain, the husband of the deceased had also stated after 3 days that one 'Jantar' an golden ornament was also missing which was worne by the deceased at that time and axe was recovered from the house of Rain Narain (PW 4), hidden under the straw on 28.5.1991. Site plan was also prepared vide Ex. P/6. Axe was sealed. FSL report was also procured. As many as 18 prosecution witnesses were examined. There was complete denial on the part of the accused in his statement under section 313 Cr.P.C.

4. There is no eye-witness and the only circumstance on which the conviction has been based by the learned Additional District & Sections Judge, Jaipur is the last seen of the accused at the house of the deceased and recovery of ornament from one Phool Chand.

5. PW 1 is Prahlad who had reported the matter to the police. He stated that Ram Narain husband of the deceased had gone to village Kesupura, village of his nephew and his wife was alone at the home. His nephew was seen at the house of the deceased-Nahna an evening prior to the incident. Because of the reason that the buffalow of Nahna was wailing/crying and he tried to find Smt. Nahna and saw that her house was locked from outside. Many people collected. While peeping through the door, they found that Smt. Nahna was lying dead and was bleeding. Sarpanch was called for and report was sent to the police chauki. Kaluram-accused-appellant was searched for. He could not be found. He was told by his wife that the nephew of Nahna had come last evening. He was also told by his wife that at about 5.00 a.m. when she had gone to milk the cattle, she had heard the noise of some beating and he had seen Kaluram running away from the place. Kaluram had told that he had given the beatings to the buffaloes. Kaluram was asked about Nahna by his wife and his wife was told by him that she had gone to the answer the call of the nature. He had seen injuries on the head as well neck of the deceased. In the cross-examination he says that he had seen Kaluram at about 5.30 p.m. on the last evening at the house of Nahna. The remaining part of the above-said story was told by his wife at about 10.00-11.00 a.m. on the date of occurance. He had gone for doing the labour work at 7.00 a.m. on that date in the morning as he had not gone to the house of Ram Narain. Kaluram