In a case of circumstantial evidence, the circumstances sought to be placed for providing the guilt of the accused must be so complete and clinching to form a complete chain without any missing link.

ARUNACHALAM, J.

This appeal is directed, against the convictions and sentences imposed, on Gopal @ Arunthavaselvan, for murder/life imprisonment and theft/3 years R.I., in S.C. No. 7 of 1987 on the file of the 9th Additional Sessions Judge, Madras. Though the second charge was framed under section 392 read with Section 397 IPC, conviction was recorded only under section 380 Indian Penal Code. It is the prosecution case, that at or about 2 p.m. on 12-7-1986, in room No. 307 Bagiyam House Lodge, No. 11, Sunkurama Chetti Street, Madras-1, appellant caused the death of deceased Vizhaka Raja by squeezing his testicles and thereafter committed theft of his gold dollar chain worth about Rs. 8,000/-. Appellant, deceased and P.W. 4 Ravikandh, an Engineering student, are Sri Lankans, appellant and deceased were friends. P.W. 4 knew both of them. It is in evidence, that Vizhaka Raja was in the habit of periodically arriving into this Country, obviously with smuggled goods, to sell them away. Similarly he used to take away from this Country, certain goods, for sale in Sri Lanka.

2. Deceased, during his visits to Madras, used to stay in Bagiyam House Lodge, which was managed by P.W. 1 Deva Anbu. P.W. 2 Gopalakrishnan was employed as an Assistant Manager in the said Lodge. While P.W. 3 Mathiazhagan was engaged as a room boy. P.W. 5 Suresh, was a Sanitary worker in the very same Lodge. All those witnesses knew the appellant and the deceased.

3. On one of those useful jaunts, deceased hired a room in Bagiyam House Lodge at 5.30 a.m. on 9-7-1986. Since deceased Vizhaka Raja was a known customer, no advance was demanded, for his lodging, Room No. 306 was allotted to him. In Lodge register Ex. P.3 at page 201, deceased has signed, to indicate allotment of room No. 306 to him. Next morning at 10.00 a.m. Vizhaka Raja informed the management of the lodge that he intended to stay for 3 days and offered an advance of Rs. 120/-. A receipt was issued to him, the counterfoil of which is Ex. P.5. Receipt of the said advance has also been entered at page 187 of Lodge chitta Book, marked as Ex. P.7.

4. At 7.30 a.m. on 10-7-1986, deceased asked P.W. 3 (Room Boy) to supply two cups of coffee and tamil daily Dina Mani. He handed over Rs. 5/- to P.W. 3, for the said purpose. P.W. 3 after abiding by the direction of the deceased handed over the balance of Rs. 5/- to the appellant who was then in the company of the deceased.

5. At 5 p.m. on 11-7-1986, deceased requested, for a double bed room, since his friend was with him. Lodge Management obliged him, and allotted Room No. 307. An entry to this effect is available in Ex. P.2. Lodge Register, wherein the deceased has put in his signature, over again. At or about the same time, deceased contacted some other person over the telephone, with whom the appellant also engaged himself in conversation. Before commencing his part of telephonic talk, appellant stated (Vernacular matter omitted) P.W. 1 then became aware, that the name of the appellant was Gopal. Of course P.W. 1 had seen him even earlier but became acquainted with his name only then.

6. Around 4 p.m. on 11-7-1986, P.W. 4 and Manoharan (not examined) arrived at Bagiyam Lodge, to meet deceased Vizhaka Raja. At or about that time, appellant. Selvaraja and Mathala Raja (both not examined) were in the company of the deceased. It was thereafter that the deceased had asked for a bigger room. In Room No. 307, deceased spent some time with P.W. 4 and Manoharan. He requested P.W. 4 and Manoharan to go over to the Air-port on 12-7-1986, since he intended to leave for Sri Lanka by the 8.10 a.m. flight. To the knowledge of P.W. 4 and Manoharan, appellant continued to stay with the deceased.

7. At or about 6 a.m. on 12-7-1986 P.W. 4 was at the Madras Air Port. At 7 a.m. deceased arrived at the Air Port in the company of Selvaraja and Mathala Raja. All the three of them went inside the Air Port. At 9.20 a.m. deceased Vizhaka Raja along returned. When P.W. 4 en