1 2025:CGHC:14751-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 651 of 2022 1 - Jitendra Shukla @ Abhiram S/o Late Ashok Kumar Shukla Aged About 43 Years R/o Shardapuram Colony, Police Station - Saman, District - Rewa (M.P.), Permanent Address - Village - Chhidi, Police Station - Bara, District - Allahabad Uttar Pradesh, District : Allahabad, Uttar Pradesh ... Appellant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Rakhi, Naya Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Dharmesh Shrivastava, Advocate. For Respondent(s) : Mr. S. S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ravindra Kumar Agrawal, J. 27/03/2025 1. This appeal has been filed under Section 374(2) of the Code of Criminal Procedure 1973, (for short the, Cr.P.C.) against the judgment of conviction and sentence dated 02.03.2022 passed by Learned 3rd Additional Sessions Judge, Raipur, in Sessions Case No. 37/2019, whereby the appellant has been convicted and sentenced in the following manner:- 2 Conviction Sentence U/s 450 of the Indian Penal Code. RI for 07 years and fine of Rs. 500/- U/s 394 read with Section 34 of the Indian Penal Code. RI for 07 years and fine of Rs. 500/- U/s 302 read with Section 34 of the Indian Penal Code. Life imprisonment and fine of Rs. 500/- U/s 66-C of Information Technology Act. RI for 02 years and fine of Rs. 500/- In default of payment of fine amount further RI for 02- 02 months for any of the defaults. All the sentences shall run concurrently. 2. The brief facts of the case are that on 25.10.2018 at about 15:30 hours the complainant Amit Kumar Sharma, the PW-7 who is the son of the deceased Chandrakali Sharma have given a dehati merg intimation Ex.P/15 that he is the employee of the PWD, Raipur his mother Chandrakali Sharma is residing at Bhopal who had come to him last month due to the Pitrupaksha and residing at house No.307. He used to came to her house to meet her. On 24.10.2018 he met with his mother and came back to his house at about 08:00 p.m. had a talk with her by mobile phone. On 25.10.2018 at about 02:00 p.m. when he again came to her house at house No. 306 Sector 27, Naya Raipur, he found that outer gate was opened, the inner door was also closed but not bolted when he entered into the house, he saw that her mother is lying dead, tongue stuck in between teeth and blood came out. He suspected that someone has committed her murder and looted her ornaments and ATM card. He immediately informed the police about the incident dehati nalsi Ex.P/14 has also been recorded on the spot on 25.10.2018, inquest Ex.P/9 of the dead body of the deceased was prepared in presence of the witnesses. 3. The spot map Ex.P/10 was prepared by the police and the dead body of the deceased was sent for its post-mortem to Dr. B. R. Ambedkar Hospital, Raipur where PW-15 Dr. T. M. Nirala who conducted the post-mortem of the 3 dead body of the deceased and gave his report Ex.P/35. While conducting the postmortem, the doctor has noticed (i) Haematoma present on the left side fronto-parieto temporal underscalp (ii) Contusion present on the mid part under surface of chest (iii) linear fracture present on the left side parieto temporal bone, 6cm long (iv) Contusion present on left side arm laterally 4x2 & on left linear 1x3 of forearm laterally 3x2cm. 4. After conducting the postmortem, the doctor has opined that the evidence of injuries present, final opinion will be given after viscera report provided by the police and duration of death within 24 to 48 hours prior to post-mortem examination. Viscera of the dead body was preserved and the police has obtained viscera report Ex.P/26 and as per the viscera report no poisonous substance were found on the viscera of the deceased. The broken piece of golden chain, one yellow metal locket (tabiz) and one plastic screw have been seized from the spot vide seizure memo Ex.P/12. Two mobile phone of the deceased have been seized vide seizure memo Ex.P/13. One affidavit of Amit Kumar Sharma executed on 05.12.2018 declaring that the seized article is his ancestral property and photographs of Pooja performed in the house of the deceased and bank pass book of the deceased have also been seized vide seizure memo Ex.P/16. CD of CCTV footage with respect to the withdrawal of the money from Bilaspur Railway Station, ATM. 5. On 25.10.2018 a CD contains with the CCTV footage with respect to the person withdrawn the amount from the ATM have been seized vide seizure memo Ex.P/19 and a covering letter issued by the Regional Manager SBI, Bilaspur Ex.P/18 has also been annexed with the charge-sheet. The numbered merg intimation Ex.P/22 was also registered at Police Station Rakhi, District Raipur and the FIR Ex.P/23 has been registered for the offence under Section 460, 302 and 394 of IPC against the unknown persons. The police sent a query from the doctor who conducted the 4 postmortem and the doctor has given the query report Ex.P/29 which are reproduced herein below: "1. क्या मृतिका चं्ቖकली शमा के सिर में आई चोट दीवाल में ध्ሪा देने े सिर टकराने े आ की है ? 2. क्या राव विवच्छेदन के दौरान मृतिका के गले में गमछा े गला दबाने के कोई ल्ቌण दቦኌश हए है ? 3. क्या मृቈኌ,का चं्ቖकली रामा के ीने में एवं अन्य भागों में आई चोट ध्ሪा देने के दौरान विगरने े आ की है? चोट आने के अन्य ंभाविव कारण जो पोस्ट माटम के दौरान ्ሺा हुए हो उ्ቤेख करने का क्ቖ करें।" 6. Another query was raised from the doctor about the nature of both of the deceased and the office report was also forwarded to the doctor and thereafter he opined in his report Ex.P/30 "मृतिका के विवरा रिरपोट में राायविनक fo"k नहीं हैं। PkksVksa के ंबंध में एक हरीर के ाथ 18/12/18 के ंदभ में आपने क्वेरी कराये थे, क्वेरी ्ቅ 3 के उ,र में स्प्ቖ लेख है विक सिर के ह्ቂी (स्कल बोन) में मौजूद चोंट ख् एवं भोथरे े वस्ु आयी है और मृत्यु कारिर करने के ቈኌलए पया्቎ है।" 7. The police has obtained the CDR of mobile No. 9616439943 vide note sheet Ex.P/31. From the bank account of the victim, in between 24.10.2018 and 25.10.2018 from the ATM card, Rs. 15000/- cash was withdrawn from Bilaspur Railway Station SBI, ATM. 8. The certificate Ex.P/38 under Section 65-B of Indian Evidence Act was also obtained by the police from its service provider vodafone idea limited with respect to the CDR and CIF of mobile No. 9616439946 and the CDR is Ex.P/38. 9. The appellant was arrested on 27.10.2018 and his memorandum statement Ex.P/1 was recorded. Based on his memorandum statement cash amount of Rs. 1,38,460/-, one broken golden chain, one another golden chain, two golden bangle, one golden punjabi bracelet and one silver locket, one State Bank ATM card and one samsung mobile phone having SIM No. 5 9616439943 have been seized from the appellant vide seizure memo Ex.P/12. The inspection of CCTV footage, identification of the appellant have been video graphed and CCTV prepared and its display panchnama Ex.P/5 was prepared in presence of the witnesses. The ornaments seized from the appellant were put to test identification parade which was conducted on 20.12.2018 by Nayab Tahsildar at Sub Tahsil Office Mandir Hasaud where the complainant Amit Kumar Sharma PW-7 have duly identified the ornaments and identification memo Ex.P/17 was prepared. 10. The statement of the witnesses have been recorded under Section 161 of Cr.P.C. and after completion of usual investigation charge-sheet was filed against the appellant for the offence under Section 450, 394, 302 of IPC and Section 63-C and 63-D of the Information Technology Act, 2000 has been filed before the learned Special Railway Magistrate, Raipur. The case was committed to the Court of learned Sessions Judge, Raipur and the same was transferred to the learned trial Court for its trial. 11. The learned trial Court has framed charge against the appellant for the offence under Section 450, 394, 302 of IPC and Section 66-C and 66-D of the Information Technology Act, 2000. The appellant abjured his guilt and claimed trial. 12. In order to established the charge against the appellant the prosecution has examined as many as 18 witnesses. Statement under Section 161 of Cr.P.C. has also been recorded in which he denied the circumstances appears against him plead innocence and have submitted that he has been falsely implicated in the offence. 13. After appreciation of oral as well as documentary evidence led by the prosecution, the learned trial Court has convicted the appellant and sentenced him as mentioned in the earlier part of this judgment. Hence this appeal. 6 14. Learned counsel for the appellant would submit that the prosecution has failed to prove its case beyond reasonable doubt. There are material omissions and contradiction in the evidence of prosecution witnesses and the evidence of the witnesses cannot be made basis to convict him for the offence in question. There is no eye-witness in the evidence and the case of prosecution is based on uncorroborated and insufficient evidence. There is no legally admissible evidence with respect to the electronic evidence and also to the fact that it is the appellant who withdraw the amount from ATM, through the ATM card of the deceased. The test identification parade or the ornaments from the appellant has also doubtful, as the due procedure has not followed. Further from the call detail the appellant cannot be connected with the offence in question. As the said mobile number which is said to have been seized from the appellant is registered in the name of one Raziya Begum and not in the name of present appellant. Therefore, there is no sufficient and cogent evidence against the appellant which connected him with the offence in question beyond reasonable doubt. Therefore, the appellant is entitled for acquittal. 15. On the other hand, learned counsel for the State opposes the submissions made by learned counsel for the appellant and have submitted that on the date of incident the appellant came to the house of the deceased who well acquainted with her because he performed pooja in her house earlier to the incident. He committed her murder, looted her ornaments and ATM card and withdrawn the amount from the ATM card. While withdrawing the amount from her ATM card a message was came in the mobile phone of the deceased. When the police investigated the said withdrawal and checked the CCTV footage, it was found that it is the appellant who withdrawn the amount. The appellant identified in the CCTV footage. After his tracing her location when the police reached her location when the police reached her native place at Rewa, MP and he was arrested from there and from his 7 possession cash amount, ornaments of the deceased as well as her ATM card have been seized and the said ornaments have duly been identified by the son of the deceased. The ATM card of the deceased was found in possession of the appellant from which he withdrawn the cash amount from the ATM at Railway Station, Bilaspur which is the clinching piece to connect the appellant for the offence in question. 16. Although the said mobile phone is registered in the name of one Raziya Gegum but the mobile phone seized from the appellant was running through that SIM card and the same has been seized from him, therefore, even if it is registered in the name of Raziya Begum, the same was using by the appellant. The electronic evidence of mobile phone and call details are clinching piece of evidence to connect with the offence in question, therefore, there are overwhelming evidence against the appellant and his appeal is liable to be dismissed. 17. We have heard learned counsel for the parties and perused the record of the case. 18. The homicidal death of the deceased has not been specifically challenged by the appellant. The appellant was found dead unnatural circumstances in her house on 25.10.2018 and the post-mortem of the dead body was conducted by the PW-15 Dr. M. Nirala. He stated in his evidence that on 26.10.2018 the dead body of the deceased Smt. Chandrakali was brought before him for its post-mortem and during his post-mortem he found Haematoma present over left fronto-parieto region of skull, contusion on mid part of chest, linear fracture present on left side of parieto temporal bone, contusion present on left. After the viscera report of the deceased he opined that the injuries found on the head of the deceased was sufficient to cause her death and the head and chest injuries could have caused by pushing her by force or falling on the ground. The head injury could have been caused by hard and blunt object which was sufficient to cause her death. He proved the postmortem report 8 Ex.P/35 and query report Ex.P/29 and Ex.P/30. In cross-examination he admitted that he has not mentioned in his post-mortem report that the death of the deceased was homicidal in nature. He voluntarily stated that since the dead body was in his decomposition stage, therefore, nature of death is depend upon circumstantial evidence. He admitted that if the head of a person would dashed with the wall by force, the injuries found on the body of the deceased could have been caused by such person. Since the dead body was in advance stage of decomposition, the same symptoms throttling is not visible. Further from the viscera report Ex.P/26 no poisonous substance were found on the viscera of the deceased. From the evidence of the doctor co- related substance were found on the viscera of the deceased. From the evidence of the doctor co-related by other circumstances, learned trial Court has held that the death of the deceased was homicidal in nature. The consideration based on the evidence available on record which is neither perverse nor illegal. 19. In the present case there is no eye-witness to the incident and the case of the prosecution is based on circumstantial evidence. The learned trial Court has based its judgment consideration the following three circumstances which is as under:- d & vfHk;qDr dk e`rd ds ?kj iwtk ikB dk dk;Z fd;k tkuk ,oa e`rd ls ifjp; gksukA [k & vfHk;qDr ls eseksjuMe dFku ds vk/kkj ij e`rd dk lksus pkanh ds tsojkr ,oa ,Vh,e dkMZ dks tIr fd;k tkukA x & ?kVuk ds i'pkr e`rd ds eksckby esa mlds [kkrs ls ,Vh,e cwFk ls jde vkgj.k dh lwpuk vkukA 20. The Hon'ble Supreme Court has time and again laid down the ratio to consider the circumstantial evidence. In the matter of Ravindra Singh Vs. State of Punjab, 2022 (7) SCC 581 has held in para 10 as under:- 10. The conviction of A2 is based only upon circumstantial evidence. Hence, in order to sustain a conviction, it is imperative that the chain of 9 circumstances is complete, cogent and coherent. This court has consistently held in a long line of cases [See Hukam Singh v. State of Rajasthan AIR (1977 SC 1063); Eradu and Ors. v. State of Hyderabad (AIR 1956 SC 316); Earabhadrappa @ Krishnappa v. State of Karnataka (AIR 1983 SC 446); State of U.P. v. Sukhbasi and Ors. (AIR 1985 SC 1224); Balwinder Singh @ Dalbir Singh v. State of Punjab (AIR 1987 SC 350); Ashok Kumar Chatterjee v. State of M.P. (AIR 1989 SC 1890)] that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused. The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances. 10.1. In Bhagat Ram v. State of Punjab (AIR 1954 SC 621), it was laid down that where the case depends upon the conclusion drawn from circumstances, the cumulative effect of the circumstances must be such as to negate the innocence of the accused and bring the offence home beyond any reasonable doubt. 10.2. We may also make a reference to a decision of this Court in C. Chenga Reddy and Ors. v. State of A.P. (1996) 10 SCC 193, wherein it has been observed that: “21. In a case based on circumstantial evidence, the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. Moreover, all the circumstances should be complete and there should be no gap left in the chain of evidence. Further the proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence....” 21. PW-1, Hemant Markandey is the guard who was working in the residential colony where the deceased was residing. Tough in his initial statement he has not supported the prosecution case, but when he declared hostile and cross-examined by the prosecution he stated that on 24.10.2018 he was on his duty from 07:00 a.m. to 07:00 p.m. at block No. 21 to 26. He stated in his statement to the police that during his duty at about 06:30 p.m. two (pujari) 10 babas having white beard and they were going to block No. 26 and when he asked as to whether they were going they stated that they are going to house No. 306 block No. 21 where Mrs. Sharma Madam is residing. Thereafter, they went towards block No. 21 till his duty is over, they have not return back from there and after his duty he came to his house. 22. When he had gone to the house No. 306 he saw that the son of the Mrs. Sharma Madam was weeping and dead body of the deceased was lying in her bed room. The police was also reached there. On 26.10.2018 he informed the police that he saw the (pujari) baba on white pagdi except this he denied the further proceedings which he participated during the investigation. In cross-examination he admitted that he saw the said (pujari) baba going to the house of the deceased from his back side he could not see as to in whose house he entered. 23. PW-2, Rahul Kumar Shukla is the nephew of the deceased he stated in his evidence that in the month of August 2018 the Nityanand Pandey who was running the security service have asked him to provide security guards at Salasar Balaji Dham. On 03.08.2018 he appointed Ramayan Prasad Pandey as guard. On 5th date the manager of Balaji Dham namely Rajkumar Choudhary objected that guard room is for the guard and not for the (pujari) babas. When in the evening at 07:30 p.m. he went there he saw that the present appellant Jitendra Shukla along with another (pujari) baba, Nityanand Pandey and Rajkumar were performing pooja in the guard room. When he asked from Nityananad about two (pujari) babas, he told him they and sannyasi having deep knowledge. Thereafter, on 9th he took the those (pujari) babas to his house for exorcism. At that time his land lady was also came and he too asked for exorcism and requested to (pujari) babas for the same and they have performed pooja in her house also. At the same moment he received mobile call of the deceased and she too was introduced to perform pooja from the said (pujari) babas and she had a talk to the (pujari) 11 babas and call them on the next day. On the next day at about 03:30 p.m. the deceased Chandrakali again call him and informed that she is sending the said (pujari) baba to him along with Rs. 10,000/- cash and help him in purchasing the pooja articles, she had gone to the house of the deceased to left those babas and at that time she sent her son to Sector 27 to take them to her (pujari) house and after living them in the house of Chandrakali. He went back to his house. At about 10:30 and in the night she again made a telephonic call to him and asked for some more pooja articles and called him at about 11:30 in the next morning. On the next day he performed pooja in the house of the deceased. The deceased has given Rs. 1500/- to one (pujari) baba and Rs. 5000/- to another as Dakshina. Thereafter, both the (pujari) babas left her house by auto and he too have came back to his house. At about 09:30 in the night the appellant has made a telephonic call to him and stated that he is not going to the house of his land lady and they stayed in the night in his house. On the next day the pooja was again performed in the house of his land lady and at 11:30 in the night they left his house. After about 15 days the appellant again made a telephonic call to him and asked to search the piece of land to open and Ashram there. On 30th September the said (pujari) baba again came there, stayed at Balaji Mandir guard room along with another (pujari) baba and child of 14 - 15 years was there with him. On 5th, he paid the salary to Ramayan Prasad guard and at that time his aunt made a telephonic call that, it was the time of yearly death anniversery of his maternal uncle and invited him also. On 26.10.2018 Amit has called him that his aunt has died and when he went to crime branch office he identified the (pujari) baba in the mobile phone and disclosed the entire incident which has happened earlier. Nothing in his cross-examination to disbelieve that the said (pujari) baba/appellant is not acquainted with the affairs of the house of the deceased as well as this witness. The appellant 12 was engaged in performing pooja at various places including house of the deceased. 24. PW-3, Ashok Sen is the witness of memo and seizure but has not supported the prosecution case and turned hostile, however, he admitted his signature over the memorandum Ex.P/1 and seizure memo Ex.P/2. 25. PW-5, Prateek Mishra, is one of the relative of the deceased he stated in his evidence that when he received information about the death of the deceased, he went to her house and saw the dead body. Form the condition of the spot it reflects that there was scuffling between the deceased and the accused when the police was investigating the matter, a message was came in the mobile phone and deceased with respect to the withdrawal of the Rs. 10,000/- from ATM, Bilaspur, he is the witness to the inquest Ex.P/8 and Ex.P/9 and also the seizure memo Ex.P/12 and Ex.P/13. He identified the photographs of the appellant in the mobile phone of Amit Sharma. In cross- examination he stated that the message was received in the mobile phone of the deceased at about 05:30 p.m. 26. PW-6, Anand Sharma, is the son of the deceased have stated in his evidence that on 24.10.2018, he had a talk to his mother at that time she was not in normal condition and when he again made a telephonic call to her and found switch off. On the next day he again made a telephonic call which was received by his brother Amit Sharma who informed him that his mother has been murdered by someone and looted the ornaments. Thereafter he proceeded to Raipur from Indore. He informed that he introduced with said (pujari) baba through Rahul Shukla because he was performing the pooja in his house. After sometime he came to know the said (pujari) baba was caught at Rewa. In cross-examination he stated he identified the said baba when he was displayed by the police in the computer and except the identification of the (pujari) baba nothing significant in his evidence. 13 27. PW-7, Amit Sharma, is another son of the deceased who have stated in his evidence that on the date of incident at about 08:18 p.m. he had the telephonic call for his mother. On the next day when he came to his mother he saw the main door of the house was opened and when he entered inside the house he saw her dead body and then he informed the police about the incident. He also saw that almirah of his house was open and ATM card, cash amount and golden ornaments were not there and it was looted he also saw the message of withdrawal of Rs. 10,000/- from the ATM of his mother he lodged the report Ex.P/14 and Ex.P/15, he also proved the seizure memo Ex.P/16. He also identified the appellant in CCTV footage and informed that he was in regular touch with his mother for performing pooja in his house. He identified the ornaments at office of Nayab Tahsildar, Mandir Hasaud on 20.12.2018 and signed the identification memo Ex.P/17. The said seized ornaments were called physically before the Court and the witness has identified those articles that was belong to his mother. In cross-examination he remained in firm in identifying the ornaments of his mother and the process of identification conducted at the Office of Nayab Tahsildar Mandir Hasaud he remained firm in identifying the articles seized from the appellant that it belong to his mother. This witness have not been cross-examined on the point of identification of the appellant with respect to performing pooja in their house and connected with the deceased for performing pooja in her house. 28. PW-9, Pranav Mishra is also one of the relative of the deceased and when he received information about the incident he too had gone to the house of the deceased and during the investigation a message was received in the mobile phone of the deceased with respect to the withdrawal of the amount from ATM, Bilaspur and he witness the inquest Ex.P/8 and Ex.P/9 and seizure memo of the mobile phone Ex.P/13. 14 29. PW-10, Madhav Nand Parida who is the regional Manager Bharatiya State Bank, Bilaspur have proved the CCTV footage of Railway Station ATM, Bilaspur and proved that on 25.10.2018 from the account No. 32046917197 the amount was withdrawn through ATM, and he issued the information Ex.P/18 and attach CD is article -A. In cross-examination he proved process of recording of the CCTV footage and the transaction record in the electronic record of the bank through ATM. He also proved that in the said CD article-A the transaction was there and from and from the investigation it can be proved that the particular transaction is from a particular ATM. 30. PW-11, Jyoti Singh is the Tahsildar at Sub Tahsil Mandir Hasaud who conducted the test identification of the seized ornaments and prepared identification memo Ex.P/17. He duly proved the identification memo that the son of the deceased have identified the ornaments and the manner in which the identification was conducted by her. Nothing is there in her cross- examination to disbelieve the said process of identification. 31. PW-12, Vipin Kishore Toppo is the Sub Inspector of Police at photo branch of Police Control Room, Raipur. He snatch photographs of the spot, which is article C-1 to C-27. 32. PW-13, Duman Singh Diwan is the head constable who obtained the CCTV footage from regional General Manager SBI, Bilaspur and given it to the Station House Officer, Police Station, Rakhi Naya, Raipur and the seizure memo Ex.P/19. 33. PW-14, Yogendra Pandey is the Inspector of Police who stated in his evidence that when he received information about the incident, he reached on the spot recorded the merg intimation and dehati Nalsi on the information given by Amit Kumar Sharma PW-7 and started investigation. During investigation he prepared inquest Ex.P/9 sent the dead body for its post- mortem and seized the broken piece of ornaments from the spot vide seizure memo Ex.P/12. The mobile phone were seized from the complainant Amit 15 Sharma through Ex.P/13 registered the FIR Ex.P/23. Seized the CCTV footage which has been given by the SBI and CD vide seizure memo Ex.P/19. He also seized an affidavit in stamp paper and photographs of pooja function in the house of the deceased. The photocopy and bank pass book of the deceased vide seizure memo Ex.P/16. He proved the entire process of investigation which he conducted in the case. In cross- examination he stated that at the time of incident the appellant had using the said mobile phone No. 9616439943. Though he admitted that it was registered in the name of Raziya Begum but the same mobile was used by the appellant is the SMS which has been received in the mobile phone of the deceased is enclosed with the charge-sheet. Though certain deficiency in investigation has been pointed by the defence in his cross-examination but those discrepancies are trivial in nature and does not affect the credibility of the investigation in which has been carried out. 34. PW-17, Rupendra Kumar Dewangan is the Sub Inspector of Police have further investigated the matter and have stated that when he received information of withdrawal of the amount from the ATM card of the deceased from Bilaspur. He investigated and went to Rewa, Madhya Pradesh and with the help of Rewa Police he arrested the appellant and his memorandum statement was recorded in which he disclosed that in the ATM card of the deceased the pin number was mentioned by which he withdrawn the amount from the Railway Station ATM, Bilaspur and went to Katni by train again he withdrawn the amount from Katni and went to Rewa. From his possession Rs. 1,38,460/- and ornaments as well as ATM card has been seized vide seizure memo Ex.P/2 and he was arrested vide arrest memo Ex.P/3. He recorded the statement of the witnesses under Section 161 of Cr.P.C. 35. In his cross-examination nothing is there to disbelieve his evidence that he has not conducted the investigation and had been gone to Rewa to arrest the appellant or not seized the ornaments or ATM card of the deceased from the 16 appellant. He duly proved the memorandum statement and seizure memo of the appellant. 36. PW-18, Pankaj Ramaiya is the Nodal Support Executive of the Vodafone Idea limited he proved the certificate issued under Section 65-B of the Indian Evidence Act and he issued the CDR and CAF. Since worked under the Nodal Officer Hussain N. Jaid. He is well acquainted with his signature and identified the same. The certificate issued by him is Ex.P/38. He proved CDR Ex.P/38-B and IAR Ex.P/38-A. In cross-examination he admitted that the said mobile phone No. 9616439943 is registered in the name of Raziya Begum. 37. The close scrutiny of the evidence makes it clear that on the date of incident the appellant went to the house of the deceased to perform pooja, committed his murder looted his ornaments and ATM card he came to Bilaspur Railway Station where he withdrawn the amount through the ATM card of the deceased by which the a message was received in the mobile phone of the deceased when the police investigated through the message and obtained the CCTV footage of ATM Railway Station,, Bilaspur. The appellant was identified that he is the same person who performed pooja in the house of the deceased. When his location was traced it was found that he was at Rewa and he was arrested from Rewa and from his possession the ATM card and cash amount and the golden ornaments of the deceased was seized. The said golden ornaments was duly identified by the son of the deceased PW-7. Thus there is sufficient link in the case that it is the appellant who committed murder of the deceased and looted her golden ornaments and ATM card by which he withdrawn the amount from the bank also. 38. After considering the entire evidence available on record. The learned trial Court has convicted the appellant holding that the evidence led by the prosecution are sufficient to hold him guilty in the alleged offence. The possession of the golden ornaments and ATM card of the deceased has not 17 been explained by the appellant in his 313 Cr.P.C. statement which also clinching circumstance against the appellant. The presence of the appellant at the place of incident has not been specifically denied by him and when he was there to perform pooja and the articles belonging to the deceased recovered from the possession of the appellant directly connects him with the offence in question. Therefore, we do not find any reason to disbelieve the evidence led by the prosecution or to disturb or take a different view as has been taken by the learned trial Court. 39. In the result, the appeal filed by the appellant is dismissed. The appellant is reported to be in jail since 27.10.2018 he shall undergo the entire sentence as awarded by the learned trial Court. 40. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail sentence to serve the same on the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. 41. The trial Court record along with a copy of this judgment be sent back immediately to the trial Court concerned for compliance and necessary action. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.04.15 12:17:38 +0530