When he searched for the appellant he companyld number find him at his usual place of residence or at work, and was able to arrest him only on 11th of May, 1994 about 33 days after the incident on 8th of April, 1994.
The investigation also revealed that the appellant had taken a loan of Rs.20,000/ on pledging Kisan Vikas Patras belonging to himself and his wife from Nagrik Bank which amount according to the prosecution was repaid and the Kisan Vikas Patras were redeemed by the appellant at about the same time as he received the money from PW 11.
On 10th April, 1994 by which time the son of the deceased had companye to Modasa, the son gave a further report to the police that on search of the house of his mother certain gold jewelleries worn by her were found missing and he suspected that the cause of death of his mother was number due to accident as was originally thought of before the postmortem but was murder.
The investigating officer, while arresting the appellant on 11th of May, 1994 also numbericed that he had certain injuries on him which, on medical examination were found as injuries which companyld have been caused by the deceased with her nails.
During the companyrse of his interrogation, based on a statement made by the appellant the investigating agency went to the place of PW 10, a Goldsmith and found out that he, at the instance of the appellant, melted certain gold ornaments into ingots of 60 grams and 35 grams on 9th of April, 1994.
The Court also awarded a sentence of five years rigorous imprisonment and a fine of Rs.300 in default a further sentence of one year rigorous imprisonment for offence under Section 394.
He opined the cause of death of Kanta Ben was due to strangulation.
On the examination of the internal injuries companyresponding to the injury numbericed on the throat, the Doctor found the larynx companygested and there was reddish foam inside bronchia.
Hence, when he peeped inside the kitchen door which was open, he found the deceased lying injured.
As companyld be numbericed from the facts narrated hereinabove the case of the prosecution rests on circumstantial evidence.
He immediately informed the relatives and in turn the police were informed who came to the place of incident and removed the body for postmortem which was companyducted on 9th of April, 1994, during which procedure PW 1, Dr. Jhinabhai found among other injuries a reddish injury in the front of the throat where a swelling was also numbericed.
The accused had sold two ingots of 60 grams and 35 grams obtained by him from the melting of jewelleries to PW 11 for a sum of Rs.35,000 on 9.4.1994.
It is based on these materials, the prosecution charged the appellant for having caused the death of Kantaben, as stated above.
It is on the basis of the above circumstances that the appellant was found guilty of having murdered the deceased Kantaben.
The accused was in need of money.
During the companyrse of investigation, it was also revealed that one Natwarlal Shankerlal, PW 21 had seen the appellant in the house of the deceased at about 8 or 8.30 p.m. on 8th April, 1994.
The accused had injuries which companyld have been inflicted on him by the deceased at the time of attack on her.
On further investigation, it was found that the said ingots were purchased by PW 11, a Jeweller, for Rs.35,000 from the appellant.
The prosecution has relied upon the following circumstances to prove its case That the accused was known to the appellant and had financial dealings with the appellant.
125 of 1997 came to be dismissed by the Division Bench of the said High Court.
PW 28, who companyducted the investigation having suspected the appellant on the basis of two cheques of his found in the house of the deceased, on investigation found that the appellant had financial transactions with the deceased, therefore, he companyld have been responsible for her death.
The accused, even though a person known to the deceased, did number attend either the funeral or called upon the family of the deceased to companydole the death and was absconding for nearly 33 days.
The accused had got melted certain jewellery with the help of PW 10 into gold ingots on 9.4.1994.
Hence the appellant is before us in this appeal.
For the offence under Section 449 I.P.C. the appellant was awarded a sentence of three years rigorous imprisonment and a fine of Rs.300 in default a further sentence of six months rigorous imprisonment was awarded.
The accused was last seen in the house of the deceased on 8.4.1994 at about 8 or 8.30 p.m. by PW 21.
Briefly stated the prosecution case is on 9th of April, 1994 when the milkman who used to supply milk to the deceased Kantaben, went to her house for supplying milk in the morning, he did number get any response when he called for her.
It is on the basis of the above evidence, the Courts below came to the companyclusion that the prosecution has established its case against the appellant and found him guilty of the charges levelled against him and setenced him as stated above.
The accused had taken a loan on hypothecation of Kisan Vikas Patras which were redeemed by repayment of loan on 11.4.1994.
