BHATNAGAR, J. - (1.) THIS appeal is directed against the judgment dated 26. 7. 80 passed by the learned Addl. Sessions Judge, Gangapur City by which appellant Suryakant @ Pappu was convicted under Section 302 IPC and sent-enced to imprisonment for life and a fine of Rs. 200/- in default of payment of fine to suffer one month's rigorous imprisonment.
(2.) BRIEFLY stated the prosecution story giving rise to this on 23. 7. 79 appellent, Suryakanyt was in the field along with a few other and his grand-father Bhairon Puri. At about 11. 00 a. m. others left and Suryakant appellant and the deceased remained there in the field. In the afternoon after about 4 hours Gurdev Puri, another grand-son of Bhairon Puri came to the field He did not find his grand-father Bhairon Puri there and made a search for him He then went to his house. He and his brother Bhagwan Puri P. W. 1 tried to search their grand-father but he was not traceable. Both of them went to the field and under the impression that somebody might have pushed the old man in the well made a search inside the well but Bhairon Puri was not traceable. They, on seeing the trail of dragging in the field followed the trails and found the dead body of Bhairon Puri in a field. Bhagwan Puri went to police station Tada Bhim and lodged the report Ex. P. 1 before S. H. O. Ram Kripal (P. W. 15) at 11. 59 p. m. The formal F. I. R. Ex. P. 19 was chalked out on the basis of Ex. P. 1 and Head Constable Dwarka Prasad was entrusted with the investigation. Dwarka Prasad went to the site and prepared necessary memos. On the next date i. e. 24. 3. 79. at about 9. 00 a. m. Dr. Murari Lal Sharma, (P. W. 8) conducted the autopsy over the dead-body. A. S I. Faiyaz Mohammed, (PW. 16) arrested the appellant and handed him over to the Investigation Officer, Dwarka Prasad who vide memo Ex. P. 21 on 29. 3. 79 seized one bushirt and pants which the appellant was Wearing at the time of his arrest because they were suspected of having blood stains on them. While the appellant was in custody the Investigation Officer, Dwarka Prasad in pursuance of the information furnished by the appellant recovered knife Article-l from a bush in the field of deceased Bhairon Puri, vide memo Ex. P. 10. The knife is said to have stains of blood on it. The articles seized during the course of investigation and being suspected of having blood stains on them were sent for chemical examination. The report of the Chemical Examiner in Ex. P. 25 and that of Serologist Ex. P. 26. The Chemical Examiner noted blood on the clothes of the accused and the knife. The Serologist detected human blood on the clothes of the deceased and the accused but could not tell the origin of the blood on the knife. Upon completion of necessary investigation charge-sheet against the appellant was filed in the Court of Munsiff & Judicial Magistrate, Hindon City. The learned Magistrate finding it a case exclusively triable by the Court of Sessions committed the case to the Court of Addl. Sessions Judge, Gangapur City. The learned Judge charge-sheeted the appellant and recorded his plea. He denied the indictment and claimed to be tried. In order to substantiate its case Prosecution examined 17 witnesses. The accused in his statement under Section 313 Code of Criminal Procedure (hereinafter referred to as the Code') denied the allegations and stated that as he had injuries on his hand some blood from that injury might have stained his cloths. He denied the allegation of his getting recovered any article. The learned Judge placed reliance on the prosecution witnesses and held the appellant guilty for the charge of murder of Bhairon Puri and passed the judgment under appeal. Feeling aggrieved by his conviction and sentence the appellant has preferred this appeal in this Court. We have heard Mr. S. R. Surana, the learned counsel for the appellant and Mr. G. C. Chatterjee, learned Public Prosecutor for the State. The learned counsel for the appellant has assailed the judgment under appeal on a number of grounds. It has been forcefully contended that the case rests on circumstantial evidence and the circumstances brought on record by the prosecution are not sufficient to hold the appellant guilty for the commission of the crime. According to the learned counsel the circumstances, such as the accused being last seen in the company of the accused; his leaving the field and going to Jodhpur; the motive to commit the crime; blood stains on his clothes at the time of his arrest and the recovery of knife in pursuance of the information furnished by him have not been established by convincing evidence, nor the scattered circumstances make a whole chain so as to justify the conviction of the appellant.
(3.) REGARDING the circumstance of accused being last seen with the accused, the contention of the learned counsel for the appellant is that the witnesses Shyam Lata (P. W. 2) and Gurdev Puri being inimical to the accused are interested in his conviction. For Siya Ram (P. W. 10) the argument of the learned counsel is that he has not supported the prosecution case for Shyam Lata being there or the appellant alone being left in the company of Bhairon Puri. For Harbal Gurjar (P. W. 9) the argument is that he has been declared hostile by the prosecution and has not supported the statement of Gurdev Puri that he was there in the field when she came there second time. It has been orphatically urged by the learned counsel for the appellant that there is no evidence to suggest that the appellant was in the company of the deceased till his death. That the circumstance of the accused being last seen in the company of the deceased is a very week type of evidence and unless there are strong circumstances to corroborate this circumstance it should not be made basis of conviction. The learned counsel referred to certain authorities to substantiate his argument which we would presently discuss. In order to appreciate the evidence on record the pendigree of the deceased and the accused and certain witnesses would be necessary. Bhairon Puri had three sons, Kalyan Puri, Shankar Puri and Dwarka Puri. Shanknar Puri had gone in adoption. Dwarka Puri has two sons viz. , Chandrakant and Surya-kant-appellant. Kalyan Puri has three sons viz. , Bhairon Puri, Gurdev Puri, and Raghuvansh Puri. Shyam Lata is the wife of Gurdev Puri. ;