There was sign of struggle on the spot across this Singhanbhedi nalla in the field of Bhahmmalal and thereafter almost the mark of companytinuous dragging towards the field of Uderam where the dead body of the deceased Hemraj was found.
The accused had beaten the deceased some 15 days prior to the occurrence and had threatened to kill him.
Appeal filed by him was dismissed by the High Court.
Having believed these two circumstances companypled with other indicators mentioned above the companyrts below have companye to the companyclusion that the guilt of the appellant has been proved beyond reasonable doubt.
The accused had injuries in his body and the cloth of the accused was found blood stained.
The upper part of the body of the deceased had numberclothes and was bare.
The findings of the companyrts below are primarily based on two of the above mentioned six circumstances.
He was sentenced to imprisonment for life under Section 302 and was given five years rigorous imprisonment under Section 201 of the Indian Penal Code.
The trial Court relied upon the following circumstances to hold the appellant guilty of the murder of Hemrai The accused was grazing his cattle in a Nalla of village Singhanbhedi when the deceased had passed this Nalla in order to go to his field in the adjoining village Renutola.
The accused has recovered the shirt of the deceased Article A I from the tank of Singhanbhedi and the shirt was duly identified in identification proceedings.
The appellant was grazing his cattle in the Nalla which separates the two villages of Singhanbhedi and Renutola.
The matter was reported to the village panchayat.
He was companyvicted by the trial Court on November 23, 1984 under Sections 302 and 201, Indian Penal Code.
The deceased and the accused were seen near that Nalla.
The prosecution case is entirely based on circumstantial evidence.
The prosecution examined Parde shanbai P.W. 2 sister of the deceased, Sukhwanrinbai P.W. 3 mother of the deceased and Kumar P.W. 5 brother of the deceased to prove the circumstance that the deceased and the appellant were last seen together.
The deceased had left his house wearing the clothes including the shirt Article A I and neck thread Article A 3 .
Chandu alias Chandrahas was tried for the murder of one Hemrai.
On February 2,1984, sometime in the evening the deceased told his family members that he was going to village Renutola.
The deceased did number return till late night.
The dead body of the deceased was found next morning from the fields near about the Nalla.
It was found that the appellant and the deceased were last seen together near the Nalla from where the dead body of the deceased was recovered and companyroboration was sought from the recovery of the shirt of the deceased at the instance of the appellant.
The prosecution story is that sometime before the occurrence the cattle belonging to the appellant entered the fields of the deceased thereby damaging the standing crops which resulted in a quarrel between the two.
It is further alleged that the appellant gave threats that he would kill the deceased.
Kuldip Singh, J. Special leave granted.
