In a case resting on circumstantial evidence, the chain of circumstances must be so perfect that it should lead only to one conclusion, that is, the guilt of the accused.

G.R. MOOLCHANDANI, J.

1. By this appeal accused-appellant Babulal has assailed the judgment of conviction and sentence passed by Additional Sessions Judge (Fast Track), Balotra, District Barmer in Sessions Case No. 63/2006 (Old No. 29/2006) dated 5/12/2007, awarding life imprisonment under Section 302 IPC and a fine of Rs.5,000/- and to undergo six months rigorous imprisonment in default of payment of fine.

2. The brief facts, as mentioned in the first information report submitted by complainant Neta Ram vide Ex.P.21 narrates that Prakash son of Bheruram came to him on 09/09/2006 at about two and half past noon complaining that offensive smell was coming out of the house of his uncle (baddebaa) and asked him to come alongwith to check the house of Bhura Ram, so he and Prakash went to the house of Bhura Ram and found that foul and offensive smell was coming out of the house, they tried to peep into the small perforation, but could not see anything clear, then they went towards back side of the premises and made a hole after removing some bricks apart and removing some katta (bags) and tried to peep inside in the sunlight and found decomposed body of Bhura Ram son of Bhuta Ram Meghwal, blood spots were lying scattered near the dead body in Aangan. The utensils kept around were also having blood blots. The premises was having a lock from outside, some unknown person locked the premises from outside after killing Bhura Ram. Report is submitted, necessary action be done and this FIR was registered on 10.09.2006 at about 9:00 a.m. under Section 302 of IPC at Police Station Samdari and a case No. 110 was registered.

Post investigation, charge sheet was filed against accused Babulal under Section 302 of IPC and accused Babulal was charged under Section 302 of IPC by the trial Court, the prosecution produced twenty six witnesses and got exhibited forty seven documents. The accused was examined under Section 313 of Cr.P.C and none of the witness was produced in the defence. The learned trial Court, after appreciating the evidence adduced, passed the impugned conviction order sentencing the appellant-accused to life imprisonment as discussed earlier.

3. We have given our thoughtful views and considerations to the contentions raised by the learned counsel for the appellant as well as by the learned public prosecutor and has scrutinized and assessed the entire evidence available on the record.

4. Learned counsel for the appellant has contended that there is no evidence regarding last seen together neither motive is established and the recovery of the alleged items is also not established, so its not readable in evidence. Learned counsel has further contended that link, which requires to be established as positive to prove circumstantial evidence is also missing. Recovery of the trouser (pant of the accused) has shown to have been taken and recovered in “five pieces” whereas F.S.L. report and article opened during the course of evidence, the said “pant” of the accused has been shown to be a single pant only, and not in five pieces, which too adds suspicion. Accused appellant is nephew and close relative of the deceased Bhura Lal and he has been wrongly and falsely implicated. The main recovery witnesses have become hostile and have not supported the story of the prosecution, testimony with respect to last seen together is also not certain, therefore, the learned trial court has committed error in passing the impugned judgment, so the appeal may be accepted and the accused-appellant may be acquitted.

Contrariwise, learned Public Prosecutor has argued that the prosecution has succeeded in establishing and proving its case beyond reasonable doubt, after murder of deceased Bhura Ram, lock was put on his tenement and several witnesses have observed, accused Babulal locking, the door and key of that lock has also been recovered from the possession and on the instance of the appellant-accused, his cloths have also been found blood blotted, pro