JUDGEMENT

The present appeal is filed under section 374 of Cr.P.C. being aggrieved by the judgment dated 10.3.2011 passed by Sessions Judge, Rajgarh (Biaora) in S.T.No. 212/2010 whereby the appellant has been convicted under section 302 IPC and sentence to undergo R.I. for life with fine of Rs.1000/- and in default of payment of fine to undergo additional 6 months SI, under section 397 IPC for 7 years RI and under section 201 IPC for 7 years and fine of Rs.1000/- and in default of payment of fine to undergo additional 6 months SI.

2. As per prosecution case, on 20.08.2010 at about 4.00 p.m. at village Kalipeeth, deceased Kantibai was murdered on way to her field by causing injury on her neck by Dantla/Hasia (sickle) with an intention to commit robbery. The undisputed facts of the case are that Pappu Vaishnav (pw-2) is son of Kantibai (deceased) and Mangilal. Premnarayan (pw-7) is son of Mangilal and Kantibai. Mangilal (pw-8) is husband of Kantibai. This is also undisputed that Shivnarayan (pw-15) and accused were known to each other. Premnarayan (pw-<br/>

7) is son of Kantibai working in Tractor Agency in Bioara since 1997 is resident of Devlikala. On 21.8.2010 Premnarayan lodged a report at police station Kalipeeth that in the night at about 8.00 p.m. his brother Pappu called him from mobile No. 8085455996 from village Latediya and enquired about mother Kantibai. He replied that she had not come to his house. He went to village Devlikala and enquired from his father Mangilal, who informed that mother had come 2-3 days back. She was wearing saree, paticot and silver anklets on legs. He tried to find out about her whereabouts from the relatives. When he did not get any information he lodged missing report at No. 7/2010 at police station Kalipeeth and enquiry was handed over to Head Constable Dayalsingh. On 21.8.2010 at about 11.25 am, Head Constable Dayalsingh informed Head Constable Babulal that in pursuant to missing report, he went to village Devlikala and found a deadbody which was of Kantibai floating over a pond. When the deadbody was taken out from the pond, a sharp cutting injury was found on neck and her ankles were amputated and silver anklets were missing. On the basis of same, Ramesh Dande (pw-16) registered the offence under sections 302 and 392 IPC against unknown persons vide Dehati Nalishi (ex.P/7). Investigation was started. During course of investigation, the accused was arrested and chargesheet was filed.

3. The accused abjured his guilt and pleaded not guilty. After the trial, the trial court convicted the appellant and sentenced him as mentioned hereinabove.

4. The prosecution case is based on the following circumstantial evidence :

(i) that a missing report regarding deceased Kantibai was lodged at police station Kalipeeth.

(ii) on 21.8.2010 the deadbody of Kantibai was recovered from the Rawatpura pond.

(iii) the death of Kantibai was homicidal (iv) the silver anklets of deceased were not found with the deadbody.

(v) the silver anklets, weapon Dantla, clothes of appellant were recovered on the memorandum of appellant (vi) the silver anklets were identified by the son of deceased (vii) the FSL report is positive affirming presence of human blood on Dantla (weapon) and clothes of appellant (viii) the confession of the appellant before Kailash Narayan (pw-12) i.e. extra-judicial confession.

5. On the basis of memorandum of appellant, silver anklets and weapon Daranta were recovered. The recovery of anklets were identified by the son of deceased Premnarayan (pw-7) in the identification conducted vide ex.P/11. Vide Articles 'C' Dantla, vide Art. D/1 shirt of accused, vide Art. D/2 Baniyan, vide Art. D/3 trouser and blood stained clothes containing human blood were seized vide Article 'E. There is extra judicial confession by the accused before Kailash Narayan (pw-12).

6. After consideration of entire facts and evidence, the Court found that chain of circumstances is established to prove the prosecut