- (1.) This appeal by special leave is directed against the judgment of the high court of Punjab and Haryana at Chandigarh upholding the conviction and sentence of the appellant for offences under S. 302/364/201 Indian Penal Code.
(2.) The appellant along with Kulwant Singh, Sinder Singh and Piara singh wastried by the Additional Sessions Judge, Patiala for the aforesaid offences. By judgment dated 23/07/1988 the appellant was convicted and sentenced to serve life imprisonment and a fine of Rs. 2,000. 00 under Section 302 Indian Penal Code. In default of payment of fine, he was further sentenced to I year rigorous imprisonment. Under Section 364 Indian Penal Code, he was sentenced to 10 years rigorous imprisonment and a fine of Rs. 1,000. 00 and in default, to suffer I year rigorous imprisonment. For the offence under Section 201 Indian Penal Code, he was awarded 7 years rigorous imprisonment and a fine of Rs. 500. 00 and in default, 3 months rigorous imprisonment. The substantive sentences were to run concurrently while the three co-accused were acquitted. No appeal was filed in the High court against the acquittal of the three co-accused. The appellant's appeal before the High court against his conviction and sentence failed.
(3.) There is no eyewitness in this case. The case is based on circumstantial evidence. The four circumstances relied upon by the prosecution before the trial court and the High court were as follows: (1 Last seen together. (2 Recovery of the shoes of the deceased at the instance of the appellant pursuant to a statement under Section 27 of the Evidence act, besides recovery of empty liquor bottles and a glass. (3 Extrajudicial confessions made before Sarpanch of the village on 16/07/1986. (4 A false explanation given by the appellant to the father of the deceased, when he went looking for his son on the night of the occurrence.;