P. K. Goswami, J. - (1.) These two appeals by special leave are directed against the judgment and order of acquittal of both the accused respondents of the High Court of Punjab and Haryana. They had been earlier convicted under S. 302/34, I. P. C. and sentenced to imprisonment for life by the Sessions Judge. The case depends entirely upon circumstantial evidence.
(2.) The dead body of the deceased Naresh Kumar with several incised gaping wounds was found on the morning of 16th March, 1975 which resulted in an information to the police by his father. The two accused were very friendly with the deceased and it was stated in the First Information Report that the deceased was last seen during the previous night with them. Suspicion naturally fell on them and investigation commenced.
(3.) The Sessions Judge detailed the circumstances on which he relied for the purpose of conviction of the respondents as follows: "From the prosecution evidence discussed above, the following circumstances stand proved. The two accused demanded a party from the deceased at about 6.30 p. m. All of them took liquor and Bhujia of eggs outside the MALABAR Hotel. They then enjoyed their dinner in Chakor Restaurant and the two accused along with Naresh Kumar deceased were last seen going towards MALIAN MOHALLA on motor-cycle at 10.00 P.M. after purchasing a packet of cigarettes and a betel from the shop of Shekhar Chand, betel seller. In the morning on the next day, Naresh Kumar was lying murdered in the Ram Lila Ground. After their arrest, accused were interrogated and in consequence of their disclosure statements, they got recovered knives Exhibits P-1 and P-2 and their blood stained clothes. According to the evidence on the record, the group of blood found on the clothes of the deceased and those of the two accused was the same and further injuries found on the person of the deceased could be caused with knives Exhibits P-1 and P-2. These circumstances, in my considered view, are sufficient to prove that they were the accused alone, who committed the murder of Naresh Kumar and none else".;