Circumstantial evidence can establish guilt when it forms a continuous chain that excludes any reasonable hypotheses of innocence.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 20-5-1992 passed by the Second Additional Sessions Judge, Raigarh, in Sessions Trial No. 35/92, whereby and whereunder learned Second Additional Sessions Judge after holding the appellant guilty for commission of culpable homicidal death of deceased Aghnuram amounting to murder, convicted under S.302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay fine of Rs. 200/-, in default of payment of fine to further undergo rigorous imprisonment for two months.

2. Conviction is impugned on the ground that without there being any clinching and credible evidence sufficient for conviction of the appellant, learned Second Additional Sessions Judge has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

3. Case of the prosecution, in brief, is that appellant a carpenter who was preparing vyas gaddi (furniture) at the instance of deceased Aghnu Ram, on the fateful day of 24-12-1991 at about 7 a.m. Aghnuram went to the house of the appellant, the appellant assaulted him by axe when he and the deceased were present inside the house of the appellant and thereafter the appellant fled from the house after closing door. At about 9 a.m. Dwitiya Bai (PW 3) wife of the deceased along with Baran Lal (PW 2), son of the deceased Aghnuram went to the house of the appellant, door was closed, they opened the door and went inside the room where they saw the dead body of the deceased stained with blood, then they came back and intimated the incident to Kalyan Yadav, Rikhi Ram Samaru, Kotwar Girdhari and other persons, they searched the appellant, but he was not present, then Ghasiram (PW 1) younger brother of the deceased went to the police station and lodged the FIR vide Ex. P / 1 and merg intimation vide Ex. P / 2. Investigating officer proceeded for the scene of occurrence and after summoning the witnesses vide Ex. P / 3, prepared inquest over the dead body of the deceased vide Ex. P / 4. Bloodstained soil, plain soil and one bloodstained bed sheet were recovered from the spot vide Ex. P / 6. One vyas gaddi (furniture) was seized vide Ex.P / 7 from the spot. Dead body of the deceased was sent for autopsy to Primary Health Centre, Gharghoda vide Ex. P / 15. Autopsy was conducted by Dr. N. C. Rai (PW 11) vide Ex. P / 21 and found following injuries over the body of the deceased.
i) One incised wound over head, size 9 cms. x 1 cm. x 3 cms.
ii) Two incised wounds over neck, size 7 cms. x bone deep and 6 cms. x bone deep.
Muscles and blood vessels were found cut. Injuries were ante - mortem. Mode of death was shock as a result of excessive bleeding and death was homicidal in nature. During the course of investigation, the appellant was taken into custody, he made disclosure statement of axe hidden in well and clothes vide Ex. P / 8. Clothes of the appellant were seized at his instance vide Ex. P / 9. One axe was recovered from well as the instance of the appellant vide Ex. P / 10. Nails of the appellant were cut and seized vide Ex. P / 12. Sealed clothes of the deceased were seized vide Ex. P / 13. Spot map was prepared by the investigating officer vide Ex. P / 23. Patwari also prepared spot map vide Ex. P / 11. Seized articles were sent for chemical examination vide Ext. P / 17.

4. Statements of the witnesses were recorded under S.161 of the Code of Criminal Procedure , 1973 (hereinafter referred to as 'the Code') and after completion of investigation, charge sheet was filed in the Court of Judicial Magistrate First Class, Gharghoda, who