Methi Devi W/o Late Dallaram vs The State of Rajasthan

These appeals have been filed by both the

appellants-accused against the impugned judgment dated

11.02.2012 passed by learned Additional Sessions Judge,

Bhinmal, Jalore in Session Case No.30/2011 (40/2009) by which

both the appellants-accused have been held guilty under Section

302 / 34 IPC and have been awarded life imprisonment coupled

with fiscal fine of Rs.5,000/- and in default to pay, further to

undergo six months'' rigorous imprisonment.

Appellant Smt. Methi has lodged her appeal,

which has been registered as Jail Appeal No.253/2012 on

16.02.2012. Subsequently, Vachna Ram filed Jail Appeal

NO.305/2012 on 05.03.2012,subsequent to which, Vachna Ram

filed a Regular Appeal No.380/2012 on 09.04.2012, since all these

appeals have arisen out of the same judgment impugned and

appellant-accused Vachna Ram has filed two appeals, his later

Regular Appeal and previous jail appeal are homogeneous, so

ignoring the subsequent one, both the jail appeals, singularly and

previously filed by Smt. Methi Devi and Vachna Ram are being

decided by this single judgment.

In nutshell, the story of the prosecution, as

revealed by Ex.P/1 FIR, lodged by Pabu Ram, cousin brother of

deceased Dallaram, reads as under:-

"VERNACULAR MATTER OMITTED"

and this FIR has been lodged on 29.01.2009 at

11.30 a.m., which has been registered under Section 302 / 34

coupled with Section 201 of IPC. Contents of this FIR divulges

names of both the accused persons and there is "SAY" of "extra

judicial confession" having been made by Vachna Ram alike "gekjh

xyrh gks xbZ gSA Mykjke dh vkSjr us Mykjke dk dke iwjk dj fn;k gSA "

and allegation of illicit relations between both the accused are also

revealed with a suspicion of murder of Dallaram by both the

named accused persons, pursuant to it, accused Vachna Ram was

arrested on 29.01.2009 at 3.00 p.m. vide Ex.P/3 and Smt. Methi

was also arrested on 29.01.2009 at 3.05 p.m. vide Ex.P/18 and on

information and at the instance of both the accused persons,

buried dead body of deceased Dallaram was recovered on the

information provided under Section 27 of the Evidence Act and

which was got exhumed from buried place. Pabu Ram, Soma Ram,

Moola Ram, Samartha Ram and Ghanshyam are the witnesses of

this dead body exhumation memo, which is Ex.P/4, prepared on

29.01.2009 at 5.00 p.m. It bears thumb impressions/signatures of

Vachna Ram and Smt. Methi Devi, as well. Ex.P/5 is the spot map

indicating the field/ place from where dead body was got exhumed

on 29.01.2009 and this agricultural field has been shown to be

demarcated by 1, 2, 3 and 4, which is agricultural field of

deceased Dalla Ram and according to Ex.P/6 memo of status of

dead body, it was found decomposed.

Ex.P/11, the postmortem report of dead

body is an "admitted document" by the defence, which is

admitted subject to cross and cause of death as mentioned

in the postmortem reads, "In our opinion, cause of death of

Dalaram S/o Tikma Ji Rebari, aged 40 years, is due to

shock, due to injury on neck and great vessels" and time

since death as mentioned in the postmortem report reads,

"above disclosed feature concludes that time since death

about 20-30 days before postmortem examination" and it

is also mentioned that, "dark black coloured skin on the

chest wall of right side, may be due to burning of skin

partially" and according to Ex.P/15, the cause of death has

further been opined, "In our opinion, cause of death of

Dalaram S/o Tikmaji Rebari, aged 40 years, is due to shock

due to injury on right side of neck and great vessels".

According to Ex.P/16 document seeking Sample,

for the sake of biological identification for DNA, soft tissues of

mother of deceased and brother of deceased were taken, report of

which is Ex.P/64 and it concludes that, (i) source of Ex. A

(deceased) is the biological son of source of Ex.B (Smt. Varju), (ii)

the source of Ex.A (deceased) is the biological brother of source of

Ex.E (Mr. Soma Ram) and this report is Ex.P/65, which is issued

by Centre for DNA Fingerprinting and Daignostics, Hyderabad and

vide Ex.P/63, soft tissues of deceased body of Dallaram pertaining

to part of mandible were sent, which were internally marked as

Ex.A and part of sample of Smt. Varju mother of deceased were

denoted as internal Ex.B, likewise soft tissues of ear lobe of Smt.

Varju were denoted as Ex.C and DNA sample of Shri Sonaram was

denoted as Ex.D and soft tissues of ear lobe of Shri Sonaram was

denoted as Ex.E, conclusion of which has earlier been

discussed that it was found harmonious and matching with

the family members and this was found and determined to

be of deceased Dalla Ram being his corpse.

Ex.P/62 is also a significant document, which

relates to FSL Report and according to it, dhoti (Adavata), kulhari,

Adavata, baniyan, ghagra and chundri, which have internally been

marked as Packets ''A'' with Ex.1, ''D'' with Ex.2, ''E'' with Ex.3 and 4

and ''F'' with marked Ex.5 and 6 and it has been resolved by this

FSL Report that Ex.1 (from A), Ex.2 (from D), Ex.3 and 4 (from E)

and Ex.5 (from F) have been found stained with ''A'' Group human

blood and both these documents goes to indicate that so far

as the body of deceased is concerned, it has conclusively

been found body of the deceased Dallaram and all the

internal exhibits of FSL report were found tainted with ''A''

Group human blood, as such both these reports are

positive.

Heard submissions of both the sides, learned

Amicus Curiae has contended that learned trial court has

committed material illegality and perversity in passing the

impugned judgment, since no offence was proved against the

appellants-accused and alleged extra-judicial confession is not

worthy to be accepted, the FIR has also been lodged highly

belated; the alleged recoveries are also false, no kids have been

examined and have deliberately been withheld from being

produced in the evidence to conceal the actual facts despite, the

learned trial court has wrote a judgment of conviction, which is

not sustainable at all, so it be quashed and the accused-

appellants be acquitted from the charges.

Per contra, learned Public Prosecutor has

contended that according to Section 30 of the Evidence Act, the

confession made by the appellant-accused is admissible, there is

no delay in filing the FIR, as soon as doubt of homicide and

something ulterior was smelt and suspected, FIR was immediately

got lodged and on the information of both the appellants-accused,

dead body of deceased was found buried in the field having

possession of both the accused persons, ornaments of the accused

were also recovered from their possession on their instance,

weapons of assault and blood-smeared clothes were also

recovered, which were further found to be tainted with blood and

a conclusion of FSL is also there, likewise, to establish the identity

of corpse, DNA of mother and brother of deceased were got

matched by DNA Laboratory, which gave a conclusion that the

body belonged to the deceased Dallaram. Smt. Methi was having

dubious character and had developed illicit relations with Vachna

Ram and both conspired to eliminate Dallaram in order to live

licentious life without any impediment and this ulterior object to

enjoy unhindered illicit relations, both the appellants-accused

assassinated Dallaram and buried his body, the principle as laid

down in Virdhichand Sarda''s case is well established and link

evidence is properly linked and there is no frailty in the evidence

produced by the prosecution, so impugned judgment is upright

and deserves to be upheld. According to Ex.p. 1 by mark-A

"Adavata" Dhoti of the deceased Dallaram was seized and

regarding to mark-D weapon of assault "Kulhari" and vide mark-

E "Adavata" Baniyan of accused Vachana Ram and vide mark-F

"Adavata" Ghaghara Chunari of accused Methi Devi were sent for

FSL Examination.

We, find following evidences on the record of trial

Court on analyzing the same it reveals that PW-1 Pabu Ram

author of the FIR and cousin brother of deceased Dalla Ram, has

narrated everything akin to FIR and he has said that Dalla Ram

was his cousin brother, Dalla Ram''s elder brother Chunaram

resides separate. Dallaram had sown crop of "caster and cumin"

and had engaged Vachnaram for two years, he has further said

that Dallaram and his wife used to struggle, so Dallaram was

constrained to work at the field of others, his wife was not

enjoying a good character, she was of easy virtue, even Dallaram

informed that his wife Methi and Peasant Vachanaram were

maintaining illicit relations. He has further said that it is a matter

of about four to four and half month back, it was a day of "flag

hoisting", villager had not seen Dallaram for 20 to 25 days, they

asked where was Dallaram, then he went to Dallaram''s Dhani to

inquire about him, Methi and Vachana were there, he asked them

where was Dallaram, then they replied that he has gone to

Ludiasar for tilling, next day he went to Ludiasar to inquire about

Dallaram, then it could be gathered that Dallaram had not been

there for long.

He has further said that next day he, Sarpanch,

Bheraram, Sonaram brother of Dallaram and Moolaram went to

Dhani of Dallaram, where Methi wife of Dallaram and Vachna Ram

were there, they insistingly asked them about the whereabouts of

Dallaram, Methi kept mum and Vachanaram uttered that wife

of Dallaram had finished his story and has burnt his

clothes, as well then they suspected killing of Dallaram, next day

report was lodged at police station, then police came and arrested

Vachanaram and Methi, further he has narrated facts relating to

recovery and has said that both the accused person/s were

leading us and we were following them, reaching near the crop of

castor beside drain, they indicated that Dallaram was lying buried

underneath there, police got the earth soil dug and exhumed body

of Dallaram. On observing dead body, injury on right side of neck

was found, police obtained opinion of "Panch" and then after

postmortem body of Dallaram was given to Sonaram, with respect

to other recoveries he has said that next day police came

alongwith arrested accused person/s, Methi wife of Dallaram and

Vachanaram and they took them to the Dhani of Dallaram near

"Bufello Chhapara" methi after getting the sand removed, got "two

silver Kandley" and "two gold mourkeya", which he and Sonaram

identified as belongings to Dallaram. Moolaram and Samratharam

were also there, he has further said that then they were taken

towards castor, where Methi dug and a pair of black "chappal" was

recovered, which belonged to Dallaram and it was identified by

him and Sonaram. The silver and gold articles and Chappal of

deceased were sealed by police there, in his cross-examination, he

has also said that retro to the event on Deepawali, a strife had

taken place between son of Sonaram with Vachana and Methi, he

has further said that due to unchastity of Methi, scuffle between

the couple was common. Methi was adamant and unmending, he

has further narrated the position of corpse of Dallaram, which was

dug out, he has further said that Vachanaram was also

accompanying at the time recovery, nothing abnormal has

appeared in the cross-examination of this witness.

PW 2 Sonaram, elder brother of deceased

Dallaram, has said that wife of Dallaram was of "peevish nature"

and was character-less. Six or half past six month back, they did

not witness Dallaram for some time. Wife of Dallaram was having

illicit relations with Vachanaram, who was Dallaram''s "Hali".

Dallaram was not being witnessed and his appearance was not

being watched for long, so he and Pabu, inquired about his

whereabouts, then Pabu said that when he inquired it from

Dallaram''s wife, then she informed that Dallaram had gone to

Ludiasar for tilling, then he and Pabu went to Ludiasar and it was

informed that since pretty long time, Dallaram did not visit there,

they came back and then he, Pabu, Bheraram, Sarpanch and

Moolaram went to the premises (Dhani) of Dallaram, where they

met with Vachanaram and wife of Dalaram, they were asked about

the whereabouts of Dallaram, then "Vachanaram confessed

that Dallaram''s story was over and stands determined and

his clothes were got burnt", next day they lodged report at

Sanchore (Jalore). Police came on the spot and arrested Methi and

Vachanaram, he has further said that Vachanaram and Methi took

them to the standing crop of "castor and cumin", they followed

them with police, it was field of Dallaram, Vachanaram and Methi

spotted a place and asked to dug there, he has further said that

from that place body of Dallaramram was exhumed, body was

having injury mark on right side of neck, it was identified by him,

the spot was photographed, he has further said that police

completed formalities and had drawn spot map and prepared

Panchnama.

He has further said on next day police came

alongwith wife of Dallaram and Vachanaram and on the

information of them, ornaments of Dallaram including his "hand

kadda" and ""ear Mourkiya" were recovered, which were sealed

there and a pair of black Chappal of Dallaram was also recovered

on their instance, which were of Dallaram, which too were sealed

there, in his cross examination facts have specifically been

narrated with respect to recovery and position of recovered dead

body, he has denied alleged relation of sister and brother between

accused person/s and has said that both were having illicit

relations and it was conveyed them by Dallararam.

PW 3 Moolaram has also narrated almost similar

kind of facts and has said that for pretty long time Dallaram was

not being witnessed and on inquiring from wife of Dallaram, she

said that he had gone for tilling, then Sona and Pabu went and

inquired, he too has said that Vachanaram was a tiller on the field

of Dallaram, he has further said that couple was not maintaining

good relations, because wife of Dallaram was having illicit

relations with Vachanaram, next day it was again inquired, then

wife of Dallaram kept mum but Vachanaram confessed by

saying that wife of Dallaram has finished his story, his

apparels were also set ablazed. He has also said that Ex.P/1 is

police report and it contains his signature and text FIR is Ex.P/2,

he has further ratified Ex.P/3 and Ex.P/4, Ex.P/5, Ex.P/6, Ex.P/7,

Ex.P/8 and Ex.P/9 and has also said that on the instance of the

accused persons "recoveries" were made on their information

and dead body was having injuries mark on neck, in his cross-

examination he has further narrated distinct facts pertaining to

recoveries and exhumation of dead body, he has further said that

he had heard story of illicit relations between Methi and

Vachanaram, it was rampant in whole of the village.

PW 4 Bheraram has said that he is Sarpanch of

village "Virole", deceased Dallaram had come on 18 and 19

December on Muster job and 20 December was of leave and he

had attended the job on 21.12.2008 and 22.12.2008 and after

that he did not report, he has further said that on 28.01.2009 he,

Pabu and Sona and Moola went to the house of Dallaram, wife of

Dallaram and Vachanaram were inquired upon, then Methi did

not reply but Vachana ram confessed and said that blunder

was committed by them and they have finished story of

Dallaram, next day Ex.P/1 was lodged with police and Parcha FIR

is Ex.P/2, which contains his signatures. He has further said that

he heard later that wife of Dallaram and tiller Bachanaram killed

Dallaram under conspiracy owing to their illicit relations, nothing

abnormal has emerged from his cross-examination.

On adverting upon entire evidence and on

analysing and evaluating the same, it is candid that Smt. Methi

kept mum and did not lodge any information in respect of

disappearance of his husband, she kept silence and was

found with co-accused Vachanaram, when cousin brother of

deceased informed him Paburam came to them with several

witnesses, who too have testified that they went to them and

inquired about prolonged disappearance of Dallaram, on which

Methi maintained silence but Vachanaram confessed before

all the witnesses that "His story was determined and

accomplished and he also said that a blunder was

committed by them, which goes to attract Section 30 of

Evidence Act since initially he had given confession against

Methi but when he said that a blunder was committed by

them, then provisions of Section 30 of Evidence Act

completely attracted, besides this on the instance of

accused person/s buried dead body of Dallaram was

recovered and on their instance and information as

provided under Section 27 of Evidence Act, place

underneath there dead body of Dallaram was buried, was

dug out and his body was recovered, likewise on instance

of the accused person/s personal worn ornaments of

deceased were recovered and Chappal of deceased was

also recovered on their information apart from weapon of

assault "kulhari". Wearing clothes of deceased, as well as,

of accused person/s were also recovered which were found

stained with "A Group" human blood and it was

conclusively viewed by FSL report. DNA also confirmed that

the body of Dallaram was well established and identified.

Almost all the important witnesses have admitted

that Methi wife of deceased Dallaram was continuously

maintaining illicit relations with co-tiller Vachanaram, there were

say of illicit relations and scuffle between the couple Dallaram and

Methi because of illicit relations between Methi and Vachanaram.

Recoveries are well connected with link evidence and there is no

weakness of any kind or feebleness in link evidence, pertaining to

the recoveries, dead body has been found with injuries on the

neck of the dead body, evidence of the prosecution is well

connected with medical evidence as concluded in the postmortem.

Dead body was recovered on the information of the accused

person/s, belongings of deceased have also been recovered on

their instance, besides, clothes of the accused person/s and that

of deceased person and "kulhari" weapon of assault, recovered on

the instance of the accused persons have been found stained with

"A Group" human blood and all these recoveries goes to establish,

guilt of the accused persons, both have acted in conspiracy in

assassinating and eliminating Dallaram, "motive" is also well

explained by the prosecution right from lodging of the FIR and

evidence disclosed.

PW-10 Sava Ram is a witness of Ex.P/7

Panchnama, who has said that the same was drawn before him,

which contains his signatures.

PW-11 Samratha Ram is a witness of Ex.P/3,

arrest memo of Vachna Ram, Ex.P/18 arrest memo of Smt. Methi.

He has also remained witness of recovery before whom the dead

body was exhumed from earth, he too has said that it was having

injury on neck and its recovery is Ex.P/4, he has further admitted

his signatures on Ex.P/5, 6, 7, 8, 10 and has accepted his

signatures on these papers. Recovery of ornaments of deceased

have also been made before this witness, which has been ratified

by him and Ex.P/19 has also been told to be bearing his

signatures. He has further said that wearing apparels were also

recovered before him vide Ex.P/19 and spot map relating to

recovery of jewellery of deceased Ex.P/21 has also been accepted.

He has further accepted and ratified Ex.P/22 and 23 relating to

recovery of "ghagra" and "chundri" and has accepted signatures

on these papers and while cross-examined, he has narrated the

niceties relating to recovery of body and other recoveries. No

abnormality has emerged in his cross-examination.

PW-14 Sataram is a witness before whom

recovery of weapon of assault "kulhari" has been made vide

Ex.P/25 and 26 and wearing apparels of accused vide Ex.P/27.

This witness has ratified all the recoveries and accepted his

signatures on the papers relating thereto, nothing abnormal

causing feebleness has emerged from his cross.

PW-8 Dr. Gopal Pohani is a witness conducting

postmortem on the body of deceased. He has accepted his

signature on Ex.P/14, postmortem report and has said that he was

a member of the medical board. He has further said that on

29.01.2009, he was posted at Community Health Center, as a

Medical Officer, on the request of P.S. Sanchore, he had conducted

postmortem on the body of Dallaram S/o Tikma Ram and has said

that cause of death was shock due to injury caused on right side

of neck and to the great vessel. He has further accepted preparing

Ex.P/15 as well, which too contains mentioning of cause of death

identically. He has further narrated mode of preserving viscera of

deceased for DNA Test, in his cross-examination he has further

said that the body of Dallaram was decomposed. He has also said

that injury was found on the neck of the body, the time of death

was not able to be confirmed precisely but it might have been

occurred 20-30 days prior to the postmortem.

All the witnesses before whom the body was

exhumed, have specifically narrated that the body was

having injury on right side of the neck, to which doctor has

also ratified, it has also been opined by the medical expert

that great vessel of the body was also found cut, which

goes to indicate that the deceased was assaulted with a

sharp weapon and was subjected to homicidal death.

Kulhari has also been recovered and found stained with "A

Group" human blood.

PW-12 Smt. Madhuvi is a witness of Ex.P/18,

arrest memo of Smt. Methi, who has ratified Ex.P/18.

PW-15 Ghanshyam is a photographer before

whom and by whom the photographs of the spot and body have

been taken. He has confirmed Ex.P/28 to P/39 and their negatives

being Ex.P/28A to Ex.P/39A and has narrated snapping of the

same by him on the request of the police.

PW-18 Dayaram is a patwari, who has said that

he was working as Patwari in halka Virole on 18.08.2007. Khasra

No.561 to 564 were entered in the name of Hemaram, Sonaram,

Dallaram and Varju and Dallaram''s dhani is situated in Khasra

No.562, he has issued revenue copies of the spot map on the

request of the police. Map trace is Ex.P/41, jamabandi is Ex.P/42

and girdavri is Ex.P/43, which contains his signatures. Testimony

of this witness is enough to establish that the alleged revenue

number was entered in the name of deceased Dallaram and

khasra No.562 was having his residential dhani, which is suffice to

establish the venue and facts relating to the same.

PW-16 Poonmaram is also a witness of

"recovery" before whom assault weapon "kulhari" and "clothes"

have been recovered. He has said that Vachna Ram led them to

spot and got recovered concealed kulhari and apprised that axe

was used in eliminating Dallaram. He has further said that spot

map of recovery was also drawn before him and has further said

that Vachna Ram also got recovered dhoti and baniyan, which

were having spots akin to blood, which were encircled by the

police and all the recoveries were sealed before him. He has

further said that all the documentary formalities and scribing

thereof was done at the house of Vachna Ram, no abnormality has

emerged from the cross of this witness as well.

PW-6 Akha Ram is a malkkhana incharge who

has said that he had given five sealed packets from malkhana to

Constable Chainaram with forwarding letter through S.P. Jalore for

deposit in FSL along with two jars for deposit in Medical College,

both were deposited separately. He has further clarified that

Chainaram brought back the packets, which were again sent

through Madanlal for deposit in FSL on 23.02.2009, who

submitted deposit receipt on 24.02.2009, in his cross-examination

he has clarified that Chainaram had brought back the packets with

objection and the objections were removed.

PW-5 Madanlal is a Constable who has

deposited samples in the FSL. He has said that on 27.02.2009, he

was Constable of Police Station, Sanchore and on the directions of

SHO, he has received five sealed packets for depositing them in

FSL after getting the forwarding letter from the office of S.P. He

went to FSL, Jodhpur and deposited all the five packets and one

jar packet was deposited in Sampurnanda Medical College and

obtained its receipt. He has further clarified that separate

forwarding letters were obtained from S.P. Office, Jalore and had

obtained the samples on 23.02.2009 and deposited them on

24.02.2009. He has further said that forwarding letter is Ex.P/10

relating to four packets and its deposit receipt is Ex.P/11 and

Ex.P/12 is a carbon copy of forwarding letter relating to deposit of

one jar and its receipt is Ex.P/13. He has said that Ex.P/10

contains his signatures and further clarified that he had obtained

the packets in well secured and sealed condition, which remained

intact during his custody.

PW-7 Chainaram Constable has said that on

19.09.2008, he was Constable at Thana Sanchore and he was

given six packets A, D, E, F and two jars for depositing in FSL

through S.P. Office and after obtaining forwarding letter from S.P.

Office, Jalore, went to deposit them on 20.02.2009. On objections,

the samples were returned to him and the objections were of this

effect that jar relating to testing of DNA and bone tissue were be

deposited with Medical College, Jodhpur and rest be deposited in

FSL with forwarding letter. He has further clarified that the

samples were returned back and deposited with malkhana on

21.02.2009 and has clarified that the samples were remained well

secured and sealed during this period.

PW-9 Rana Ram, Constable has confirmed

deposit of soft tissue of deceased''s body and soft tissue of Varju

Devi mother of deceased and his brother Sonaram and he has

clarified deposit and re-deposit after removing the objections

pertaining to place of deposit on 20.03.2009. He has said that

Ex.P/16 is forwarding letter.

PW-13 Hem Singh is also a Constable, who has

said that from 23.01.2009 to 20.02.2009, he was on leave and in

September, 2007 he was posted as malkhana incharge at Thana

Sanchore and during his leave, Akha Ram was malkhana incharge,

and has said that on 25.02.2009, after joining, samples relating to

CR No.30/2009, P.S. Sanchore pertaining to murder of Dallaram

for DNA Testing, samples of Varju Devi mother of deceased and

Sonaram brother of deceased, were taken by the SHO, Raju Ram,

which were deposited in malkhana vide Entry No.236. Further on

04.03.2009, packets Nos.1, 3, 4, 5 and 6 were given to

Prataparam for FSL deposit, on objections, same were deposited

back and has said that he deposited back the samples on

21.02.2009 and sent jar on 23.02.2009 for deposit in the Medical

College, Jodhpur and its receipt was brought and has further said

handing over the samples relating to DNA and receiving their

receipts and has further said that the samples remained secured

and intact throughout.

PW-19 Raju Ram has said that on 29.01.2009

he was S.H.O., P.S. Sanchore, Pabu Ram had presented Ex.P/1 FIR

on which case was registered. He has further ratified all the

papers relating to lodging of FIR and further investigation and has

said that Ex.P/2, 3 and 18 have got his signatures and vide Ex.P/3

and P/18, both the accused persons were arrested and they

informed that they had killed Dallaram and had buried his dead

body and stated the place, where the body was got buried, which

was got exhumed. The information provided under Section 27 of

the Evidence Act and exhibits relating thereto Ex.P/41 and 42,

have specifically been said having his signatures. He has further

said that the body was got postmortemed and photographs were

got snapped. He has ratified Ex.P/4, 7, 14, 15, 8, 9, 28 to 39 and

all the documents pertaining to the investigation. He has minutely

narrated everything relating to recovery of apparels of deceased,

blood spotted wearings of both the accused persons and weapon

of assault "kulhari" and recovered personal ornaments of

deceased having been recovered on the instance and information

of respective accused persons, as such, entire chronology and say

of this witness reveals, mode of completion of investigation in

chronological order, perusal of cross-examination also goes to

reveal that nothing significant causing frailty to the merit of the

testimony has emerged.

Examination and appraisal of entire evidence

goes to indicate that all the evidence of the prosecution has

remained materially reliable, nothing abnormal causing any

frailty has emerged. So far as evidence relating to

recoveries is concerned, as earlier dwelt and discussed, has

also remained well connected and its links have remained

unsegregated.

Dead body of deceased Dallaram buried by both

the accused persons underneath the tilling field, which was

informed and on their instance, the same was got exhumed.

Majority of the testimony say that the body was having injury on

right neck and cut of great vessel was there. Weapon of assault

"kulhari" and apparels of deceased, as well as, of accused

persons, which were properly recovered, have been got tainted

with "A Group" blood. Process of DNA was matching, because the

soft tissue of the deceased body, which were got examined

through the DNA with soft tissue of Smt. Varju Devi mother of

deceased and Sonaram brother of deceased, were found

befittingly matching.

The prosecution has succeeded in proving its case

with reliable and trustworthy evidence. The entire circumstances

are well linked without any feebleness.

In Padala Veera Reddy V. State of Andhra

Pradesh, 1989 Supp. (2) SCC 706, the Hon''ble Supreme

Court has observed that in matters of circumstantial

evidence, the evidence must satisfy the followings:-

(1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established;

(2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused;

(3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and

(4) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence.

In cases relating to circumstantial evidence,

prosecution is needed to produce evidence connecting all

vital links, on the basis of which conclusion of guilt could

only be inferred and derived and prosecution has

succeeded in establishing and proving its case with

clinching evidence.

In Manthuri Laxmi Narsaiah Vs. State of

Andhra Pradesh, "it has been held that it is by now well settled

that in a case relating to circumstantial evidence the chain of

circumstances has to be spelt out by the prosecution and if even one

link in the chain is broken the accused must get the benefit thereof

and in "Sharad Birdhichand Sarda Vs. State of

Maharashtra", cardinal principles of circumstantial evidence have

been enumerated.

Complicity of both the accused person/s in commission

of crime is established beyond all reasonable doubt.

Resultantly, it is explicit that prosecution has

successfully proved its case with reliable evidence, we accordingly

upheld the findings of guilt against both the appellant-accused

person/s and don''t find any reason to interfere with the findings of

guilt.

Therefore, these appeals fail and same are

dismissed being bereft of merit. Copy of this judgment be kept on

each of the appeal file.