The prosecution must establish a complete chain of circumstances in cases based on circumstantial evidence. Negligence in the investigation, such as the failure to conduct DNA testing on crucial evidence, can lead to the acquittal of the accused.

JUDGMENT SUBODH ABHYANKAR, J. : – This appeal under section 374 (2) of the Code of Criminal Procedure, 1973 (herein after referred to as the Code) has been filed by the appellant being aggrieved of the impugned judgment dated 3-8-2012, passed by the learned Additional Judge to the Court of 2nd Additional Sessions Judge (Fast Track), Kukshi, District Dhar (MP) in Sessions Trial No. 230/2011, whereby the learned Judge of the trail Court while finding the appellant guilty under section 376 and 302 of Indian Penal Code has convicted and sentenced him, as mentioned herein below : –

Accused	Conviction	Sentence	Fine Amount	Sentence in default of payment of fine
Habu @ Sunil S/o Motia @ Motilal Bheel	376 of IPC	10 years Rigorous Imprisonment	Rs. 1,000/-	2 Years RI
	302 of IPC	Life Imprisonment	Rs. 1,000/-	2 Years RI

2. In brief, the facts giving rise to the present appeal are that on 17-1-2011, at around 10.15 AM, the complainant PW-1 Mahendra lodged a report that he is a resident of Gram Susari and is an agriculturist and in his field, in the morning at around 09:00 O’clock, he has found a dead body of an identified woman lying in his field. He has also found that the deceased (herein after referred to as R) had also suffered certain injuries on various parts of her body. Thus, a Marg Intimation at Number 08/2011 was registered under section 174 of the Code and the investigation ensued.

3. From the place of occurrence, certain broken bangles and a blood stained stone was also found. It was also found that the deceased R was undressed and her blouse was above her breasts and her petticoat was above her waist. Her underwear was also lying on her body and her head was smashed with a stone. In her vagina, certain white liquid matter was also visible.

4. During the course of investigation, it came to light that the appellant who happens to be the stepson of the deceased had committed the aforesaid offence. After the charge-sheet was filed, it was committed to the Court of Sessions, the appellant was tried by the trial Court and has been convicted, as aforesaid.

5. Counsel for the appellant has submitted that the appellant has been falsely implicated in the case, despite the fact that it was a case of circumstantial evidence, the prosecution has not been able to prove its case beyond reasonable doubt and to connect the chain of circumstances so complete, so as to lead to the only hypothesis in consonance with the guilt of the appellant.

6. It is submitted that there is no forensic evidence available on record to connect the appellant with the offence, despite the fact that the deceased was found to have certain hairs in her hand and it appears that the hairs were of the assailant’s only, despite this, the prosecution has not produced any DNA Report connecting the said hairs to the appellant and the FSL Report which is available in respect of those hairs is not conclusive, which is apparent from the report itself proved as Ex.P/30, whereas the hairs have been seized vide Ex.P/29.

7. It is also submitted that there are material omissions and contradictions in the testimonies of the material prosecution witnesses most of whom have also not supported the case of the prosecution. Counsel for the appellant has relied upon a decision of the Supreme Court in the case of Anjan Kumar Sarma vs. State of Assam, reported in (2017) 14 SCC 359. Hence, it is submitted that the appellant be acquitted.

8. Counsel for the respondent/State, on the other hand, has opposed the prayer.

9. Heard counsel for the parties and perused the record.

10. From the record, it is found that as per Ex.P/1 which is the marg intimation, the dead body of the deceased R was found at around 09:00 AM in the morning by the complainant PW-1 Mahendra s/o Nageshwar Purohit from whose agriculture land, the dead body was recovered.

11. So far as the