In cases of circumstantial evidence, the circumstances must be cogently established, must be of a definite tendency unerringly pointing towards the guilt of the accused, must form a chain so complete that there is no escape from the conclusion that the crime was committed by the accused and none else, and must be consistent with the guilt of the deceased but inconsistent with his innocence.

Vinit Kumar Mathur, J.

The present appeal has been filed to challenge the judgment dated 22.02.2011 passed by the Additional District & Sessions Judge (FT), Banswara in Sessions Case No. 58/2009 whereby the appellant has been convicted for the offence under section 302 IPC and sentenced for life imprisonment with fine of Rs. 1000/- and in default of payment of fine to further undergo one month rigorous imprisonment.

2. Briefly, facts in the matter are that a complaint was filed by Smt. Pari to the Circle Inspector, Police Station-Khamera District Banswara on 08.08.2009 stating therein that her son Shanker S/o Gang Ji was married to one Ujala @ Unja Daughter of Sohan Dholi, resident of Hero for the last 4-5 years. From the wedlock, their son namely Vakil was born. Presently, age of Vakil is three years. For past 5-6 months, the relationship between Shanker and his wife Ujala @ Uunja were not cordial and therefore, Ujala @ Unja had gone to her parents house and staying there. Today, i.e. on 08.08.2009 at around 07:00 am while the complainant and her husband along with her brother-in-law Kaliya were at home, the accused Shanker took away his son Vakil for bathing and morning routine to the nearby river through trail. After some time, when her son Shanker and Vakil did not return, she went to the river to search both Shanker and Vakil and when she could not find both of them on the river then while looking out for both, she saw beheaded body of Vakil in the bushes nearby. After this when she cried, brother-in-law Kaliya, father-in-law Nanka reached the spot along with other persons of the village. Thereafter, she took out the dead body of Vakil from the bushes and kept the same on the bank of the river. She further stated that her son Shanker killed his son Vakil by beheading. Hence, she reports.

3. On this complaint, the police registered an FIR under section 302 IPC and investigated the matter. The accused-appellant was arrested on the same day. After investigation, the police filed challan under section 302 IPC against the accused-petitioner.

4. The learned trial court framed the charge against accused Shanker for the offence under section 302 IPC for committing murder of his son namely Vakil.

5. The accused denied the charge and sought for trial in the matter. During the trial, 18 prosecution witnesses were examined and 26 documents were exhibited. No witness was produced in defence.

6. Thereafter, the accused was examined under section 313 Cr.PC and was confronted with the evidence adduced during the course of trial to which the accused denied and submitted that he is being falsely implicated.

7. The learned trial court after hearing the arguments advanced by both the sides, taking into consideration the statements of the witnesses and scrutinizing the documents exhibited, convicted and sentenced the accused-appellant vide its judgment dated 22.02.2011.

8. In order to appreciate the facts in detail, the statements recorded during the trial were examined by us along with other documents produced before the trial court.

9. PW4 Smt. Pari who is mother of the accused Shanker very categorically stated in her statement that her son was married to Unja for last 4-5 years and from their wedlock, a son was born. When Vakil was 2 or 2 of age, Ujala @ Unja went to her parental house along with her son Vakil. Thereafter, accused Shanker brought back his son Vakil and in the morning, the accused Shanker took away his son for morning routine and for bathing on the river and thereafter, he killed Vakil. While the accused Shanker was going along with his son at the river, she tried to stop Shanker but he did stop and when Shanker did return with Vakil, after some time, she went in search of them at the river but found dead body of Vakil near the Kanjadi Tree in the bushes. The head of Vakil was detached from the body. Frightened with the site, she cried then Sarpanch Gautam Lal came on the spot. She is aware why her son Shanker killed his son