- (1.) This appeal preferred by special leave under Article 136 of the Constitution of India calls in question the judgment of conviction and order of sentence passed by the Division Bench of the High Court of Punjab and Haryana in Criminal Appeal No. 199/DB of 1997 whereby the High Court has affirmed the conviction and confirmed the sentence passed by the learned Sessions Judge, Faridkot, in Sessions Trial No. 31 of 1992 wherein he had found that the appellant along with one Bikkar Singh was guilty of the offences punishable under Sections 302 read with Section 34 and 201 of the Indian Penal Code 1860 (for short 'the IPC') and sentenced the accused persons to suffer rigorous imprisonment for life and to pay a fine of Rs.500/-, in default of payment of fine, to undergo further rigorous imprisonment for two months each on the first count and rigorous imprisonment for three years and to pay a fine of Rs.200/-, in default, to suffer further rigorous imprisonment for one month each on the second score with the stipulation that both the substantive sentences shall be concurrent.
(2.) The factual matrix giving rise to the trial is that about 3.15 p.m. on 2.4.1991, when Sukhdev Singh, PW-8, was feeding fodder to his cattle at his house, accused Jagsir Singh came to his house and asked his son, Jagjit Singh @ Jagga, to accompany him for plucking flowers from the field. Jagjit Singh, a 10 year old boy, accompanied him. As the boy did not return home till evening, the complainant went to the house of Jagroop Singh, Uncle of Jagsir Singh, to enquire about his son. As the doors were not opened and there was no response he searched for his son in the village but could not find him. On the next day, in the morning he proceeded with the co-villagers to search for the boy in the fields. After he reached the fields of Santosh Singh, he found some freshly dug earth near a heap of sticks. Being suspicious, all of them dug out the earth and found the dead body of Jagjit Singh lying buried over there having injury marks on the head. Sukhdev Singh left his brother Gurmail Singh there for guarding the body and proceeded towards the police station. On the way near the bus stand he met ASI Surjit Singh who recorded his statement and accompanied him to the fields of Jagroop Singh. The investigating officer prepared the inquest report, recovered the blood stained weapon of offence and sample of earth smeared with blood, prepared two distinct sealed parcels thereof, Exhibits P-1 and P-2, and sent the dead body for post mortem. In the FIR, it was stated that the deceased had been murdered by Jagsir Singh with the aid and assistance of other persons and they had buried the dead body.
(3.) As the factual narration would reveal, on 21.4.1992, Jagroop Singh and Jagsir Singh made an extra judicial confession before Natha Singh, PW 14, and accused Bikkar Singh made an extra-judicial confession before Zora Singh, PW-2, and both Natha Singh and Zora Singh produced the accused persons before the police. After being arrested, they led to the discovery of one 'Kassi' (spade) which was buried under the ground near the place wherefrom the dead body was recovered. The seized weapon was sent for chemical analysis examination in the forensic science laboratory and after completing the investigation, the investigating officer placed the charge- sheet before the concerned Magistrate, who committed the matter to the Court of Session for trial of offences under Section 302 read with Section 34 and 201 of IPC. Be it noted, in the course of investigation, it was found that Jagsir Singh was a juvenile and was produced before the appropriate forum at Bhatinda.;