Jiya Ram Vs. State of Rajasthan - Court Judgment

Excerpt:
- section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - from ali hasan's dhani he as well as ali hasan went in search of the camel and at about 11 a. thereafter he went to the dhani of koja at that time the appellant came out of his dhani, rushed towards imam and said in hindi 'you have enjoyed for many days i will not leave you without killing'.thereafter imam tried to run away but he fell down and at that time the appellant said that he will not leave him without killing and when imam was lying on the ground the appellant inflicted a blow on his head and another blow was inflicted on his neck. 5 he has well as ali hasan asked the appellant not to kill iman and thereafter the appellant ran away towards the dhani of kusta. 5 has added that he as well as ali hasan went to the place where imam was lying. 5 has further added that about 5 to 6 months before the incident at the well of the appellant an altercation took place between imam and the appellant and at that time imam had assaulted the appellant and when the appellant wanted to report the matter to the police he was asked not to go to the police station and a reconciliation was made. 11 has supported the prosecution story by further stating that when he as well as mosan reached near imam, imam was in great anguish, that he and mosan chased the appellant in order to apprehend him and when they reached near the dhani of smt. 11 further stated that he as well as akalu remained with the dead body of imam and mosan went to the police station to lodge the first information report. he accompanied imam to som ka tala for the purpose of giving water to the bows at the well of the appellant. there was water which has already been fetched from the well. 14 does not appear to be reliable. in our considered opinion akalu is proved to be one of the eye-witnesses of the occurrence and his statement appears to be reliable. 8 .even though she did not see the accused inflicting the injuries on her mother but her statement in so far as it relates that she saw the appellant running away from the house with farsi painted with blood appears to be reliable and not open to any doubt. 21. the evidence produced by the prosecution regarding the recovery of clothes of the appellant is reliable and it fully proves that in pursuance of the information given by the appellant, a shirt and a tewta were recovered by the police and they were seized and sealed then and there. 25 and so long the articles remained in his custody they were not tampered with and on 2i-l2-1989 9 sealed packets were sent with constable bakhtaram to the forensic science laboratory, jaipur for chemical examination and receipt was obtained from bakhtaram on the malkhana register as well as code. and he was clearly told that according to the report of the forensic science laboratory, jaipur the sample of blood smeared soil, shirt, odana, shirt, tewta, kanchali, ghaghara and farsi were found to be containing human blood. the appellant has not given any explanation how and where he got his own clothes as well as the farsi produced by him stained with human blood. this evidence clearly connects the appellant with the alleged crime.a.k. singh, j.1. heard-learned amicus curiae for the appellant and the learned public prosecutor.2. this jail appeal has been filed against ' the judgment dated 27-9-1991 delivered by the learned -additional district and sessions, judge, barmer in sessions case no. 6/90 state v. jiya ram, by which the appellant was convicted under sections 302, 397 and 450, i.p.c. and sentenced as below:(1) under section 302, i.p.c. -- life imprisonment and a fine of rs. 500/ -and rigorous imprisonment for two months in default of payment of fine.(2) under section 307, i.p.c. -- rigorous imprisonment for 5 years and a fine of rs. 500/- and rigorous imprisonment for 2 months in default of payment of fine.(3) under section 450 i.p.c. -- rigorous imprisonment for 7 years and fine of rs. 500/- and 2 months rigorous3. all the sentences were directed by the learned additional district and sessions judge, barmer to run concurrently.4. the facts of the case may be briefly summarised as below:on 15-12-1989 at about 1.30 p.m. mosan gave a first information report at the police station, bijrad district barmer. according to his report on that day early in the morning he went for searching out his camel. he went to bacchu ka tala and from that place he went to dhani of ali hasan. from ali hasan's dhani he as well as ali hasan went in search of the camel and at about 11 a.m. when they reached near the field of koja meghwal, he saw that imam was going towards his dhani with his donkey. when be was in front of the dhani of koja, jiya. ram son of kaja meghwal came out of his dhani. he was armed with a farsi and he was shouting abuses in hindi. it is right that you are alone where you will go, i will not leave you without killing''. saying these words jiya rushed towards imam. imam tried to save himself by running but while escaping imam fell down and at that time jiya inflicted a farsi blow on imam. according to the first information report, mosan and ali hasan who saw the aforesaid incident rushed towards the place of occurrence saying don't kill him. on seeing them jiya ran away towards the dhani of kusta meghwal. when mosan and ali hasan reached near the body of imam they saw that the blood was coming out of his neck and he was in anguish and after some time imam died at the spot, meanwhile akalu son of imam reached the scene of occurrence. jiya was chased by mosan and ali hasan upto the dhani of kusta. when they reached the dhani of kusta they saw that jiya was inflicting injuries on the widow of kusta with farsi. on seeing mosan and ali hasan, jiya ran away by climbing over the wall and could not be apprehended. when mosan and ali hasan saw smt. miremi they found that her left hand has been cut and blood was coming out from the posterior side of the neck and she was crying with pain while she was lying in the court yard and the daughter of miremi was raising an alarm. it was further stated in the first information that imam was killed by jiya ram on account of previous enmity. on the basis of the report submitted by mosan the police registered a case under sections 302, 452, 326 and 307, i.p.c. and commenced the investigation.5. after usual investigation a report under section 373, cr.p.c. was submitted by the police in the court of additional munsif and judicial magistrate banner who committed the case to the court of additional district and sessions judge, barmer on 3-2-1990.6. the learned additional district and sessions judge, barmer framed the charges imprisonment in default of payment of fine. against the appellant under sections 302, 307 and 450, i.p.c. since the appellant pleaded not guilty to the charges, a trial was held. the prosecution examined dr. rajendra singh mehta, p.w. 1. dr. jagdish sharda p.w. 2, bhabhoot singh p.w. 3, bakhta ram p.w. 4, mosan p.w. 5, wali mohd. p.w. 6, murad p.w. 7, smt. miremi p.w. 8, nenu p.w. 9, balu p.w. 10, ali hasan p.w. 11, moti ram p.w. 12, bhanwar singh p.w. 13, akalu p.w. 14, sadiq p.w. 15 and dadla p.w. 16 in support of the prosecution story and produced some documents which have been marked as ex.p.1 to ex.p.30. the appellant was examined under section 313, cr.p.c. he denied that he inflicted any injury on imam or smt. meremi and further stated that the witnesses who have connected him have falsely stated and they are inimical to him. according to him, witness akalu p.w. 14 is the son of deceased and dadla p.w. 16 is the nephew of the deceased and sadiq p.w. 15 is the brother of deceased imam. in his statement under section 313, cr.p.c. the appellant has given the story that imam used to visit the appellant's kaki for illicit purposes and when the appellant objected to it he was beaten by imam and, therefore, he has been falsely implicated.7. the learned amicus curiae appearing for the appellant has submitted that the findings given by the learned additional district and sessions judge, barmer are erroneous and the evidence produced by the prosecution against the appellant does not prove the offences with which the appellant has been charged and, therefore, the appellant deserves to be acquitted.8. on the other hand, the learned public prosecutor has supported the findings, conviction and sentences awarded by the learned additional district and sessions judge, barmer.9. since it is a jail appeal, the memo of appeal does not contain any detailed grounds on which this appeal has been filed. in the circumstances of the case we deem it fit to consider the prosecution evidence in some detail to find out whether the conviction and sentences awarded to the appellant deserve to be set aside or upheld.10. out of the 16 witnesses produced by the prosecution dr. rajendra singh mehta p.w. 1 is the medical jurist who examined the injuries of smt. miremi on 15-12-1989 at 6 p.m. he found two, incised wounds, one of the size of 6 cm x 2 cm x, muscles deep at the nape of neck posteriorly and muscles of neck were cut and another incised wound to the size of 8.0 x 3.0 cm x bone visible on lower 2/ 3 of left arm. both these injuries according to dr. mehta p.w. 1 were caused by sharp edged weapon. injury no. 1 was simple in nature and the injury no. 2 was suspected by him to be grievous. he, therefore, advised x-ray examination for ascertaining the nature of injury no. 2. he prepared the medico legal report ex.p. 1. dr. jagdish sharda p.w. 2 is the medical jurist who conducted the post mortem examination of the dead body of imam on 15-12-1989. he has proved the post mortem examination report ex. p.4. he found three incised wounds on the dead body of imam. the first wound was found with clotted blood 3'x 2 1/2' x 1 1/2' on right side of neck just near the sturnal notch and 1' blow throid cartilage with cutting of all vessels of right side neck. the second wound clotted blood with clear margin 1 1/2' x 1/4' x 1/2' on right shoulder joint and the third incised wound with clear margin of 1st servical bone 2' x 1/4 x 3/4'. but for these three wounds every other part of the body of the deceased was found to be normal. in the opinion of dr. jagdish sharda p.w. 2 death of imam was caused due to shock which was caused on account of excessive loss of blood from great vessels by cut of these vessels at right side of neck by heavy sharp weapon. in the opinion of dr. sharda p.w. 2 the injury no. 1 was sufficient for the death of the deceased.11. mosan p.w. 5 is the author of the first information report ex. p.20. he has supported the prosecution story by stating that on the date of occurrence his camel had been lost. therefore, he went in search of his camel. first of all he went to bachhu ki dhani, then he went to dhani of ali hasan and from ali hasan's dhani ali hasan accompanied him. thereafter he went to the dhani of koja at that time the appellant came out of his dhani, rushed towards imam and said in hindi 'you have enjoyed for many days i will not leave you without killing'. thereafter imam tried to run away but he fell down and at that time the appellant said that he will not leave him without killing and when imam was lying on the ground the appellant inflicted a blow on his head and another blow was inflicted on his neck. according to mosan p.w. 5 he has well as ali hasan asked the appellant not to kill iman and thereafter the appellant ran away towards the dhani of kusta. the appellant was chased by mosan p.w. 5 and ali hasan p.w. 11. when the latter two persons reached the door of the dhani of kusta they saw that the appellant inflicted a farsi blow on the left hand of miremi and another blow was inflicted by him on the left side of neck of miremi. thereafter the appellant escaped by climbing over the wall. mosan p.w. 5 has added that he as well as ali hasan went to the place where imam was lying. he found that imam was by that time dead and akalu son of imam also reached at the spot and leaving akalu and ali hasan near the dead body of imam he went to the police station. the first information report ex. p. 20 was scribed by jagdish at his instance and ex.p.20 was submitted by mosan p.w. 5 at the police station. mosan p.w. 5 has further added that about 5 to 6 months before the incident at the well of the appellant an altercation took place between imam and the appellant and at that time imam had assaulted the appellant and when the appellant wanted to report the matter to the police he was asked not to go to the police station and a reconciliation was made. but, in fact, the appellant bore a grudge against imam. in his cross-examination, mosan p.w. 5 has stated that saw the infliction of blows at imam when he was at a distance of 10 panwadas and when he chased the appellant the appellant was at a distance of 12 panwadas. it is further stated by mosan p.w. 5 that when imam fell on the ground, the appellant rushed towards him, stopped near him and inflicted one injury on imam and within one and half minutes imam expired. it is also stated by him that the house of smt. miremi is at a distance of 10 panwadas from the place where imam was assaulted, and at the time when smt. hiremi was assaulted by the appellant, her daughter was out side her house. the suggestion that imam had illicit, relations with smt. miremi and that the appellant, dungra and dhanna has objected to the same has been denied by this witness. 12. ali hasan p.w. 11 is another eyewitness of the alleged occurrence. he has supported the prosecution version by stating that on the date of occurrence early in the morning mosan visited him in connection with his came which has been lost and he requested him to accompany him for searching out the camel. according to ali hasan p.w. 11, mosan and ali hasan both made search of the camel and when they reached the place from which a path way diverted towards sama ka tala, they saw that imam accompanied by his donkey was going in front of the dhani of the appellant. at that time the appellant came out of the dhani, showered abuses the appellant was at that time armed with a farsi. imam tried to run away but the appellant chased him and while running away imam fell on the ground and the appellant at that time inflicted a farsi blow on the neck of imam. at that time he was asked not to inflict the blow but he did not listen and soon after the infliction of the blow he rushed towards the dhani of smt. miremi. ali hasan p.w. 11 has supported the prosecution story by further stating that when he as well as mosan reached near imam, imam was in great anguish, that he and mosan chased the appellant in order to apprehend him and when they reached near the dhani of smt. miremi they saw that the appellant inflicted a blow on the head of smt. miremi and another blow was inflicted on her neck. the appellant ran away by climbing over the wall. after this ali hasan p.w. 11 and mosan p.w. 5 went to the place where imam was lying. they found that imam was dead and akalu son of imam had already reached there. ali hasan p.w. 11 further stated that he as well as akalu remained with the dead body of imam and mosan went to the police station to lodge the first information report.13. we have carefully considered the evidence of both these witnesses. there is nothing in the cross-examination to draw an inference that their testimony is tainted with falsehood. 14. smt. miremi p.w. 8 has supported the prosecution story by stating that on the date of occurrence she was sitting in the court yard of her house and her daughter nenu was at that time carrying sand near her. at that time the appellant who was armed with a farsi which was painted with blood reached near her abused her and inflicted a farsi blow on her left hand and when she raised an alarm the appellant inflicted another farsi blow on her neck and on receiving the second blow she cried and then lost her senses. according to smt. miremi p.w. 8 her daughter nenu had brought sand from the field of the appellant on 2-3 occasions and that her he goat some times entered the house of the appellant and these things annoyed the appellant besides the appellant used to ask her not to go to the house of mohammedans for earning her bread by acting as labourer and this was the reason why she was assaulted by the appellant. smt. miremi p.w. 8 has categorically denied having any illicit relations with imam and revealed that at the time she was assaulted she was alone in her house.15. nenu p.w. 9 is the daughter of smt. miremi. she has deposed that on the date of occurrence when she was in bhakhal the appellant went to her and enquired about dhanna. she told him that dhanna had gone to som. on hearing this the appellant abused her mother and inflicted a farsi blow on her. at that time the farsi with which the appellant was armed was painted with blood. nenu p.w. 9 has added that second farsi blow was inflicted on the neck of smt. miremi. after that the appellant went towards the west. at that time mosan and two other persons reached her house and her mother smt. miremi was taken to the hospital and she accompanied her mother to the hospital. the statement of nenu p.w. 9 shows that when the appellant entered the house of smt. miremi the witness nenu p.w. 9 was not present and when she reached the house on the alarm raised by smt. mirerni she found smt. miremi raising hue and cry and mosan and 3-4 other persons reached the spot after some time. nenu p.w. 9 has also denied the suggestion that imam used to visit her mother's house.16. akalu p.w. 14 is the son of deceased imam. he has stated that 4 months before the date of occurrence at about 10 to 11 a.m. he accompanied imam to som ka tala for the purpose of giving water to the bows at the well of the appellant. there was water which has already been fetched from the well. the cows belonging to imam drunk that water and at that time the appellant showered abuses. when the appellant showered abuse's imam and akalu gave him beating then ballu came and intervened. about 4 months after the aforesaid incident imam and akalu went to sama ka tala. he started from that place at about 10 a.m. when they reached the phani of the appellant, the appellant brought a farsi from his dhani and inflicted a blow on the neck of imam, imam fell down and thereafter the appellant ran away towards the dhani of kustiya. akalu p.w. 14 has further added that at the time of incident he was behind imam and after the infliction of the blows he reached near imam. ali hasan and mosan had already reached near him and ali hasan and mosan had asked the appellant not to assault imam but he did not listen to them and when the appellant ran away from the scene of occurrence he was chased by mosan and ali hasan but he could not be apprehended and when he could not be apprehended ali hasan and mosan both returned to the scene of occurrence and that imam died at the place of occurrence on account of the injuries received by him. akalu has added that the police visited the place of occurrence and prepared ex. p.12 and ex. p.14.17. learned counsel for thes appellant has submitted that the statement of akalu p.w. 14 does not appear to be reliable.18. we are afraid that this criticism cannot be accepted as correct because in the first information report ex.p.20 it has been stated by mosan p.w. 5 that; soon after the occurrence akalu also reached there. therefore, the fact that akalu reached the scene of occurrence almost at the same time when ali hasan and mosan reached the scene of occurrence is borne out by the first information report ex.p.20. therefore, the presence of akalu p.w. 14 at the place of occurrence when the deceased was assaulted by the appellant by farsi cannot be doubted. in our considered opinion akalu is proved to be one of the eye-witnesses of the occurrence and his statement appears to be reliable.19. the defence version that the prosecution witnesses namely mosan p.w. 5, smt. miremi p.w. 8, nenu p.w. 9, ali hasan p.w. 11 and akalu p.w. 14, are giving false evidence because the appellant had objected to the visits made by deceased imam for illicit relations with smt. miremi does not appear to carry any weight. there is not even an iota of evidence to prove the suggestion that smt. miremi was having illicit relations with the deceased imam and that the appellant had objected to any such relationship. the denial of the appellant under section 313, cr.p.c. appears to be false and motivated with the sole intention of saving himself. we, therefore, do not find any reason to discredit the evidence of mosan p.w. 5, ali hasan p.w. 11, akalu p.w. 14 who were the eyewitnesses of the occurrence in which the appellant inflicted injuries on the deceased imam with a farsi and one of the injuries inflicted on the neck of imam prove to be fatal. we also do not find any reason to discredit the evidence of smt. miremi p.w. 8, mosan p.w. 5 and ali hasan p.w. 11 who have given ocular description of the incident in which the appellant inflicted two blows with farsi on the body of smt. miremi. the first blow was inflicted on her left hand and the second was inflicted on her neck. nenu p.w. 9 appears to have reached the house on hue and cry being raised by her, mother, smt. miremi p.w. 8 . even though she did not see the accused inflicting the injuries on her mother but her statement in so far as it relates that she saw the appellant running away from the house with farsi painted with blood appears to be reliable and not open to any doubt. 20. in addition to the direct evidence of the alleged incident there is circumstantial evidence also to connect the appellant with the alleged crime. according to the prosecution after his arrest by the police the appellant gave information regarding the weapon of offence, namely, farsi and that information was recorded under section 27 of the evidence act and in pursuance of that information the investigating officer recovered a blood stained farsi which was' seized and sealed then and there and was sent for chemical examination. 21. bhanwar singh p.w. 13 has deposed that on 15-12-1989 he was posted as station house officer, police station, bijrad. on that day mosan submitted before him the first information report on which he made the endorsement at portion a to b and c to d and signed it and obtained the thum impression of mosan and prepared the first information report ex.p.26 and signed it and obtained thumb impression of mosan on it and thereafter he went to spot where the dead body of the deceased was found. the neck was cut and blood was lying on the ground- the clothes of the deceased were also soaked with blood and there were foot prints at the scene of occurrence. bhanwar singh p.w. 13 has prepared the site inspection memo ex. p..8 and site plan ex.p.9 and the memo of inspection of the dead body of imam ex.p. 12 and the inquest report ex.p.13. he has added that he obtained samples of blood smeared soil and simple soil from the scene of occurrence, prepared the recovery memo of blood smeared soil ex. p. 11 and also seized the clothes of the deceased which were tainted with blood and sealed in the presence of motbir witness. he also visited the spot where smt. miremi was assaulted and took into custody the blood stained odana and prepared ex.p.15 and also prepared the site-plan ex.p.16 of the place where smt. miremi was assaulted and also took in custody the blood smeared soil and simple soil samples and sealed them then and there and prepared ex.p.17. regarding the appellant, bhanwar singh has deposed that her arrested the appellant on 18-12-1989, prepared the arrest memo ex.p.19 and on 20-12-1989 the appellant when he was in police custody voluntary gave information to the effect that he had kept his blood stained clothes in his residential dhani and he prepared to get it recovered and this information was recorded in ex.p.27 which bears the thumb impression of the appellant and in pursuance of this information the appellant took him to his dhani opened the gate and took out a shirt and tewta and produced them before the policy and these two things were seized by the police vide, recovery memo ex. p.21. it is further stated by bhanwar singh p.w. 13 that on 20-l2-1989 the appellant gave information about the farsi and that information was recorded in ex.p.29 and it was got signed by the appellant and in pursuance of the information given by the appellant, the appellant got recovered a farsi from the field of his uncle koja where the farsi was hidden inside the ground near a bush. the blade of the farsi was 7'.2'. it was 5' wide and the wooden danda was 35 1/2' long and the farsi was stained with bloods bhanwar singh p.w. 13 has prepared the recovery memo ex.p.19 and stated that farsi was sealed at the spot in the presence of motbir and the signatures of motbir and the appellant were also obtained on the recovery memo. thus according; to bhanwar singh p.w. 13 the appellant gave information about the farsi which is alleged to be the weapon of offence and his own clothes which are alleged to have been tainted with blood.22. sadiq p.w, 15 is one of the motbir witnesses in whose presence the farsi was produced by the appellant from the meth of the field of koja. sadiq p.w. 15 has categorically stated that the farsi was hidden inside the ground. the appellant has dug out the ground and then got recovered the farsi which was tainted with blood and the farsi had been sealed by the police and the recovery memo ex. p. 19 was prepared and the witness proved his signature on ex. p.19.23. murad p.w. 7 is another motbir witness in whose presence the farsi was recovered by the police. he has supported the prosecution story fully and proved his signatures on the recovery memo ex. p. 19. there is nothing in the statement of murad p.w. 7 and sadiq p.w. 15 and bhanwar singh p.w. 13 which makes their testimony doubtful to any extent. ex. p. 29 shows that the information about the farsi was given by the appellant on 28-12-1989 at 1 p.m. and ex. p. 19 shows that the farsi was recovered by the police on 20-12-1989 at 2.30 p.m. i.e. about 1 1/2 hour of the giving of information by the appellant. in view of these two documents it can be safely said that there was no tittle gap between the information given by the appellant and the recovery of farsi to make the prosecution story doubtful. 24. regarding the recovery of clothes of the deceased dadla p.w. 16 has deposed that in his presence the accused took the police to his hut, opened the gate and took out a tewta and a shirt and produced the same before the police and both these clothes were stained with blood and the police seized them and sealed them. the witness has proved his signatures on the recovery memo ex. p. 21 and identified the shirt article 2 and tewta article 3 in the court,25. ballu p.w.10 has supported the prosecution story by stating that in his presence the appellant had produced the tewta and shirt from inside his hut and the police seized and prepared the recovery memo ex. p. 21 and sealed both of them. the statements of both the motbir witnesses do not appear to be open to doubt. they have successfully stood the test of cross-examination. the information about the clothes was given by the appellant on 18-12-1989 at 3 p.m. and it was recorded in ex. p. 27 and the clothes were recovered on 18-12-1989 at 4.30 p.m. vide recovery memo ex. p. 21. the evidence produced by the prosecution regarding the recovery of clothes of the appellant is reliable and it fully proves that in pursuance of the information given by the appellant, a shirt and a tewta were recovered by the police and they were seized and sealed then and there.26. motiram p.w. 12 is the head constable who was posted as malkhana incharge since 1-11-1987 in police station, bijrad. his evidence shows that the articles seized by the police duly sealed cover were deposited in the malkhana and the entries were made in the malkhana register ex. p. 23 and ex. p. 25 and so long the articles remained in his custody they were not tampered with and on 2i-l2-1989 9 sealed packets were sent with constable bakhtaram to the forensic science laboratory, jaipur for chemical examination and receipt was obtained from bakhtaram on the malkhana register as well as code. the witness has proved ex. p. 22, ex. p. 23, ex. p. 24 and ex. p. 15 and the signatures of bakhtaram on them and the ex. p. 26 bears the signatures of bakhtaram.27. bakhtaram p.w. is the constable who carried the sealed packets from the police station to the forensic science laboratory, his testimony shows that so long as the articles remained in his custody they were not tampered with. the report of the forensic science laboratory, jaipur has been produced in evidence by the prosecution but it does not appear to have been marked as exhibit due to oversight. the appellant was examined on 20-8-1991 under section 313, cr.p.c. and he was clearly told that according to the report of the forensic science laboratory, jaipur the sample of blood smeared soil, shirt, odana, shirt, tewta, kanchali, ghaghara and farsi were found to be containing human blood. the report of the forensic science laboratory is admissible in evidence without formal proof and a question about its , contents has been put to the appellant under section 313, cr.p.c. under these circumstances, the fact that this report has not been marked as exhibit is not sufficient to discard it altogether. the report shows that various articles including the shirt and tewta of the appellant and the farsi which is alleged to be weapon of offence were found to contain human blood. the circumstance that the blood group could not be determined because the blood has disintegrated does not reduce the evidentiary value of the report of the forensic science laboratory. the appellant has not given any explanation how and where he got his own clothes as well as the farsi produced by him stained with human blood. in the absence of any explanation from the appellant in this behalf the only conclusion which can be drawn is that the human blood which was found on the clothes of the accused vis-a-vis shirt and tewta and farsi was the blood which came out of the bodies of imam and smt. miremi when they were assaulted by the appellant. this evidence clearly connects the appellant with the alleged crime.28. in view of the above discussion, in our considered opinion this appeal has no force and is hereby rejected.