The court affirmed that circumstantial evidence, when sufficiently established, can lead to a conviction for murder, emphasizing the need for a complete chain of evidence linking the accused to the crime.

JUDGMENT

Per: Justice Binod Kumar Dwivedi

This appeal under Section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as 'the Cr.P.C.') has been preferred against the judgment dated 01.02.2003 in S.T.No.690/2000, whereby Learned Additional Sessions Judge, Indore has convicted the appellants for offence under Sections 148 , 302 /149 of IPC , Section 25(1)(b) and 27 of the Arms Act, 1959 and sentenced to undergo 3 Years R.I., life imprisonment with fine of Rs.5,000/-, 1 year R.I.with fine of Rs.1,000/-, 7 years R.I. with fine of Rs.1,000/- for each offence respectively with default stipulation.

2. It is not in dispute that appellants and prosecution witnesses Babu (PW-1), Shankar (PW-2), Dilip Nagar (PW-3), Dashrath (PW-4), Ganesh (PW-5), Harisingh (PW-6) are residents of Depalpur. It is also not disputed that Shankar (PW-2) is nephew of deceased Laxmi Narayan. Dashrath (PW-4) is brother of the deceased and Ganesh (PW-5) is the father of the deceased.

3. Prosecution story as having emerged during trial is that on 02.09.2000 at about 6:45 A.M., deceased Laxminarayan along with his bull calf (pada) had gone towards Takipura, Kakad (vacant land used for grazing animals). Dilip Nagar (PW-3) had also sent his servant Buddha (PW-12) to accompany the deceased Laxminarayan. Buddha (PW-12) after some time informed Dilip Nagar (PW-3) that some quarrel had happened with Laxminarayan @ Lacchu, the deceased. On this, Dilip Nagar (PW-3) went to the house of Laxminarayan, deceased, where Shankar (PW-2) was taking bath. With Shankar and other persons he reached to the spot, where the deceased Laxminarayan was found lying dead at Takipura, Kakad with several bleeding injuries on his body. After witnessing the dead body, he along with others went to Police Station Depalpur. At the instance of Dashrath (PW-4), FIR Ex.P-2 was ascribed by the SHO, Depalpur, R.C.Rajput (PW-14) for offence under Section 302 of Indina Penal Code (for short hereinafter will be referred as ‘ IPC ’) at crime No.189/2000. SHO, R.C.Rajput (PW-14) reached to the spot and prepared spot map Ex.P-13 and issued Safina Form (Ex.P-4). Naksha Panchayatnama Ex.P-5 of dead body was prepared. SHO R.C.Rajput (PW-14) sent dead body of the deceased for conducting autopsy.

4. Dr. Anchal Kumar Silawat (PW-7) on 02.09.2000 at about 12:15 P.M. conducted autopsy on the dead body of the deceased Laxminarayan S/o Ganesh Yadav, aged about 36 years and he found following incised wounds on the dead body of the deceased:-

(i) incised wound size 7 inches x 2 inches bone deep on the neck which has cut the veins.

(ii) incised wound 3 inches x 2 inches below the wound no.1 which has cut the respiratory cord and blood vessels.

(iii) other wounds were found on right arm, right palm, left palm, outside portion of left hand and left arm, left shoulder, in the middle of the chest, right side of chest and right side of thigh.

(iv) all the injuries were bone deep which have also damaged bones.

5. Dr. Anchal Kumar Silawat (PW-7) has opined that the death of the deceased was about 6 hours prior to the postmortem and the injuries were caused by hard and sharp objects. Nature of death was homicidal in nature. Clothes which the deceased was wearing at the time of incident were also blood stained and having cut marks, were seal packed and handed over to the Constable. Postmortem report Ex.P-9 was prepared.

6. R.C.Rajput (PW-14), from the spot recovered empty bottles of liquor, broken bottles of liquor, gold ring, silver ring, bambo