On 03.03.2011 at about 5 P.M., the appellant and deceasedBenuram Gond, had gone for a visit in the village. Benuram, thereafter, did not return. On 05.03.2011 at about 7 A.M., his dead body was found in the well of one Sadhuram. Uttam Singh (P.W.1-, father of the deceased) lodged Murg intimation (Ex-P-20). The dead body was taken out from the well. Inquest (Ex-P-3) was prepared and the dead body was sent for postmortem. In the postmortem examination, it revealed that it was a homicidal death. The postmortem report is Ex-P-15. In further investigation, the appellant was taken into custody, his memorandum statement (Ex-P-9) was recorded under Seetion 27 of the Evidence Aet, and a knife was seized at his instance vide seizure memo Ex-P-10. The seized article was sent for chemical examination to Forensic Science Laboratory (FSL),fromwhereareport (Ex-P-19)wasreceived.Accordingtothe FSL report, blood stains were found over the knife. The knife was sent for serologist examination, but serologst report could not be fi!ed. There was no eye-witness to the incident and the case of the prosecution was based on circumstantial evidence. The prosecution came with two circumstances; first, the deceased was last seen in the company of the appellant, second, blood stained knife was seized at the Instance of the appeliant vide seizure memo Ex-P-10. The learned Sessions Judge relied on the above circumstances and held that it was proved beyond all reasonable doubts that the appellant had committed murder of the deceased, therefore, he was liabie for punishment under Section 302 iPC.
