IMPORTANT POINT
When the direct evidence relating to the murders is wholly untrustworthy and the circumstantial evidence led by the prosecution to prove its case appears to be concocted, the conviction and sentence recorded against the three accused u/s 302/34 Indian Penal Code is not legally sustainable.

JUDGMENT

M.K. Mukherjee, J.-The subject matter of challenge in this appeal is the judgment dated January 16, 1988 rendered by the Designated Court, Rohtak disposing of two cases, being Sessions Case No. 280 of 1986 and Arms Act Case No. 281 of 1986. By the impugned judgment the Designated Court convicted the three appellants before us under Section 302 read with Section 34 IPC (two counts) and also convicted one of them, namely, Raj Kumar under Sections 25 and 27 of the Arms Act, 1959 read with Section 6 of Terrorist and Disruptive Activities (Prevention) Act, 1985.

2. (a) According to the prosecution case on March 20, 1986 at or about 6.30 P.M. the three appellants waylaid Attar Chand and Jaggar, who were the Sarpanch and Panch respectively of village Nigana and with whom they had previous enmity, near a field which was at a distance of 3 Km. from the village abadi. Of the appellants Ballu was carrying a dau, Jagdish a saria (iron rod) and Raj Kumar a pistol. While Raj Kumar stood as if he was ready to shoot, the other two struck Attar Chand and Jaggar with their respective weapons resulting in their instantaneous death.

(b) In that night - at or about 8.30 P.M. when Satram Dass (PW 11), brother of Attar Chand, came back home and found that the latter had not returned home till then, he went in his search. He first went to the house of Jaggar and learnt that he had also not come back. He then, accompanied by one Matha Ram, went in their search and ultimately found their dead bodies lying in the field outside the village. He returned to his village and contacted Satram Dass Batra (PW 9), a former M.L.A. of Kalanaur over telephone and told him what he had seen. On receipt of that information, Satram Dass Batra went to Kalanaur Police Station at 2 A.M. and lodged a report which reads as under :

"I am a resident of Kalanaur. I am an Ex. M.L.A. Today at 1.30 in the night, I received a telephone message from Satram Dass son of Vir Bhan Batra, resident of Nigana, to the effect that dead bodies of Sarpanch Attar Chand son of Vir Bhan, caste Batra, and Jaggar son of Ramji Lal, caste Harijan Chamar, residents of Nigana, were lying at two places in the gram crop of Satram Dass near the johri of Dalip. The dead bodies had sharp edged weapon injuries on the faces and heads and both of them were lying in a pool of blood. Somebody had murdered them. I have come to inform the police. Action may be taken."

(c) On the basis of that report SI Mange Ram (PW 16) registered a case and left for the spot. Reaching there at 3 A.M. he found the two dead bodies of Attar Chand and Jaggar and after conducting inquest proceedings sent the bodies for post mortem examination. Near the bodies he found topa, sweater, parna, chaddar, a blood stained sarfa and one shoe which would fit the right foot. He seized those articles along with some blood stained earth found there. He also found some foot prints at the spot and prepared their moulds.

(d) It is the further prosecution case that on April 7, 1986 appellant Jagdish approached Karam Chand (PW 10), Sarpanch of village Kherari, and made a confession regarding the two murders and requested him (Karam Chand) to take him to the police station. Karam Chand then took him to SI Mange Ram (PW 16) who placed him under arrest. The paijama and kurta, he was then wearing were taken possession of by SI Mange Ram and kept them in a sealed parcel. He interrogated him and pursuant to his statement a watch and a shoe meant for the left foot, which were concealed in his wheat field, were recovered.

(e) Eight days later - on April 17, 1986 to be precise - the appellant Raj Kumar went to the house of Ainshilal (PW 8), lambardar of village Kalanaur and made a similar confession before him implicating himself and the other two appellants in the above two murders and requested him to produce him before the police. While going to the police station they met SI Ravinder Kumar (PW 17) at the bus stand and Ainshilal handed over Raj Kumar t