In a case of circumstantial evidence, the conviction is not sustainable only on account of recovery of bloodstained articles from the accused unless there are other corroborative evidence.

In a case of circumstantial evidence, the conviction is not sustainable only on account of recovery of bloodstained articles from the accused unless there are other corroborative evidence.

1. The appellant has preferred this appeal against his conviction by the trial Court under Sections 302 and 201 of the Indian Penal Code (‘the IPC’ in short) and sentence of life imprisonment and five years R.I., respectively for committing the murder of Shyamkaran (since deceased).

2. According to the prosecution, the deceased was working as Fire Watcher in the Forest Department. On  9.09.2003 the villagers were celebrating Karma Festival, therefore, the deceased, like other villagers, had gone to meet the fellow villagers, but he did not return his house. He could not be traced on 10.09.2003 also. The first informant Jagdish Prasad was informed by one Surendra that he has seen a dead body in the knee deep water of a nearby dam. Jagdish went towards the dam along with Shyamdhar Yadav, Krishna Kumar & Satyanarayan to witness that it was the dead body of Shayamkaran. It is also mentioned in the FIR (Ex- P/16) that the wrist watch of the deceased was misplaced about 8 months back, which was found in possession of appellant’s wife. On 06.09.2003 one Urmila had brought back the wrist watch and handed over the same to the wife of the deceased. Due to this incident, the appellant was suspecting on his wife that she has illicit relation with the deceased. He had also raised quarrel with his wife and due to this reason the deceased has been killed by Ramdin, Nandu, Badshah, Gorelal & Ramsharan.

3. In course of investigation, memorandum statement of the appellant was recorded vide Ex-P/4 on 12.09.2003, pursuant to which knife was recovered from the thatched ceiling of the appellant’s house vide Ex-P/5; towel belonging to the deceased was recovered from the indicated place vide Ex-P/6 and the baniyan belonging to the appellant was recovered vide Ex-P/7.

4. During postmortem the deceased was found to have sustained four stab wounds, one each below both the eyes; one on left cheek just latero inferior to left eye; and one below the left mandible just lateral to chin. In addition neck was swollen with multiple abrasion all over the body and the deceased was found to have sustained fracture of thyroid bone. The postmortem report (Ex-P/9) concluded that the deceased died on account of asphyxia due to throttling, strangulation and cardio respiratory arrest. Death was homicidal in nature.

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