Hemant Trivedi vs State Of Rajasthan

4. In brief, the case of the prosecution is that the appellant is a permanent resident of village Kojra, District Sirohi, Rajasthan. The appellant was, however, living with his sister in Mumbai. The deceased-Uma was working in a beauty parlor. She was living in the neighbourhood where the appellant was living along with his sister. Both of them developed intimacy and fell in love with each other. The appellant approached the mother of the deceased Anandi Devi (PW-13) and proposed to marry the deceased. Anadi Devi (PW-13) rejected the proposal made by the appellant. The appellant threatened that he would kidnap the deceased if he is not allowed to marry her. Thereafter, the appellant and deceased disappeared from Mumbai. Anandi Devi (PW-13) did not lodge any complaint whatsoever to the police about the disappearance of her daughter.

5. In the month of March,1998 the appellant along with deceased came to his ancestral village Kojra and stayed in the village temple for a night. Thereafter, the appellant and deceased entered the ancestral house called 'Rawla' in the same village after performing religious rites in the presence of the appellant's sisters and other family members. They started living in the house called 'Rawla'. Thereafter, they were regularly coming and going to the village Kojra. On 6.4.1998 both the appellant as well as deceased-Uma talked to Anandi Devi (PW-13) on telephone and assured her that they would soon be returning Mumbai. The appellant and deceased visited the village in June and stayed in the house. Thereafter deceased was not seen with the appellant.

6. On 5.7.1998 Lal Shanker(PW-1) informed the police that a dead body was lying in the house 'Rawla'. On receiving the information the S.H.O. Police Station, Pindwada (PW-21) rushed to the spot where Lal Shankar (PW-1) gave the report exhibit P-78 in which it is stated that at about 9.00 A.M. on 5.7.1998 he climbed on the roof of the house of the appellant to see the water level in the nearby pond. It was raining. He found the ventilator of the room open and he peeped into the ventilator of the room and found a dead body lying therein. He accordingly informed the police. The police broke open the lock and found the dead body in a highly decomposed condition. The dead body was identified as that of the wife of the appellant. Based on the information police registered a case for offence under Section 302 of the IPC and proceeded with investigation. The Police prepared the inquest report and the site plan. The ornaments found on the dead body were removed. The appellant was arrested on suspicion. On the basis of the information given by the appellant his blood stained trouser and some ornaments of the deceased were recovered. The statements of Rajendra Trivedi (PW-

18. The prosecution case does not rest solely on the circumstance of "last seen" together. The circumstance of "last seen" together may not by itself necessarily lead to the inference that it was the accused who committed the crime. The evidence available on record clearly establish connectivity between the accused and the crime which we have noted supra.

19. The High Court came to the right conclusion that the chain of circumstances taken individually and cumulatively leads to the one and only conclusion that it was the appellant, who committed the murder of deceased- Uma. In our considered opinion the High Court rightly confirmed the conviction and sentence of the appellant for the charges framed against him.

20. Accordingly, the appeal stands dismissed.