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On this Parcha Bayan Ex.P/27, police registered the case and chalked out regular FIR Ex.P/28 and investigation was conducted by PW16 Abhay Singh.

During investigation, site plan Ex.P/6 was got prepared by PW16 Abhay Singh and the fard of panchayatnama of dead body of deceased was also got prepared and the same is Ex.P/7. Through fard Ex. P/8, clothes of deceased i.e. orni (Article 11) stained with blood was seized by PW16 Abhay Singh.

From the place of occurrence, blood sample on cotton (Article 12) was also taken by PW16 Abhay Singh and the same was seized through fard Ex.P/29 in presence of PW14 Bhanwarlal and PW10 Mohanlal. Through fard Ex.P/31, blood stained salwar (Article 9) and kurta (Article 10) belonging to PW15 Deepa were seized by PW16 Abhay Singh in presence of PW14 Bhanwarlal and PW10 Mohanlal.

Through fard Ex.P/4, blood stained pent (Article 7) and bushirt (Article 8) of the accused appellant were seized by PW16 Abhay Singh in presence of PW1 Bharat and Sangram and through fard Ex.P/1, on the information of accused appellant, blood stained knife (Article 1) was seized by PW16 Abhay Singh in presence of PW1 Bharat and Sangram.

When the accused appellant was in police custody, through fard Ex.P/3 ear ring (Article 13) belonging to PW15 Deepa was also got recovered and seized by PW16 Abhay Singh and that ear ring (Article 13) was got identified before Tehsildar though fard Ex.P/21 in identification parade by PW15 Deepa.

40. Therefore, the statement of PW15 Deepa that accused appellant made a jump from the roof towards nala and thereafter, he was caught and handed over to police gets corroborated from the statements of independent witnesses PW3 Harlal, PW11 Narayan, PW13 Faij Mohd. and PW17 Devilal.

Indirect or circumstantial evidence

41. The indirect or circumstantial evidence is found in so many aspects and the same may be summarized in the following manner:-

(i) That from the statements of PW16 Abhay Singh and PW1 Bharat Kumar, the fact that at the instance of accused appellant, a blood stained knife (Article-1) was recovered and seized through fard Ex.P/1 stands well proved and as per FSL report Ex.P/36, human blood was found on that Article-1 knife.

(ii) That from the statements of PW16 Abhay Singh and PW1 Bharat Singh, the fact that ear ring (Article-3) belonging to PW15 Deepa was seized through fard Ex.P/3 during arrest of the accused appellant, is also well proved and the same was identified by PW15 Deepa through fard Ex.P/21 during identification parade conducted by Tehsildar, who was not produced because he had died, but his signatures were identified by PW5 Laxman Singh.

(iii) That another circumstance, which goes against the accused appellant, is that his clothes i.e. pent (Article 7) and bushirt (Article 8) were found stained with blood and as per FSL report P/36, human blood was found on them.