IMPORTANT POINT
Evidence of eye witness does not inspire confidence. Circumstantial evidence of extra judicial confession of accused and discovery of dead body at their instance is not proved by prosecution. Therefore order of conviction passed by High Court is liable to be set aside.

JUDGMENT

Bisheshwar Prasad Singh, J.-This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana at Chandigarh dated 13.2.2001 in Criminal Appeal No. 439 (DB) of 1997, whereby the High Court dismissed the appeal preferred by the appellants and confirmed the judgment and order of the learned Additional Sessions Judge, Ferozepur dated 29.4.1997 in Sessions Case No. 76 of 1994, Sessions Trial No. 43 of 1997 finding the appellants guilty of the offences under Section 302 and 201 IPC and sentencing them to undergo rigorous imprisonment for life under Section 302 IPC and rigorous imprisonment for two years under Section 201 IPC.

2. The appellants along with one Jasbir Singh were accused of having committed the murder of Kuldip Kaur, the wife of the informant, and Soni, the daughter of the informant. Since, it was found that Jasbir Singh was a juvenile, his case was separated for trial by the competent court. We are informed that he has since been acquitted. The appellants herein were acquitted by the trial court of the charge levelled against them for the murder of Soni, which order has been affirmed by the High Court.

3. The informant, Sucha Singh is the elder brother of Kuldip Singh, appellant No. 1. Bakshish Kaur, appellant No. 2 is the wife of the younger brother of the informant namely, Gurmit Singh. The victims were the wife and daughter of the informant.

4. The FIR was lodged by Sucha Singh, PW 6 on 19.2.1994 at 8.15 p.m. In his report the informant stated that he was a resident of village Pirojwal Mangal Singh. He has three younger brothers namely, Gurmit Singh, husband of accused No. 2, Surjit Singh and Kuldip Singh, appellant No. 1. They all resided in the Dera constructed by them in their fields. Kuldip Singh, the youngest brother was unmarried. The informant was married twelve years ago to Kuldip Kaur (deceased) and they had four children, the eldest being a daughter, Soni aged about 9 years. The informant was employed as a Foreman at a Sheller at Moga. His younger brother, Gurmit Singh, husband of appellant No. 2, was also employed as a Foreman at a Sheller in Bhuche Mandi. About three years ago Gurmit Singh was married to Bakshish Kaur, appellant No. 2. Last year there were disputes between his wife, Kuldip Kaur (deceased) and the wife of Gurmit Singh, namely, appellant No. 2 Bakshish Kaur. The disputes related to the partition of the house, clothes and jewellery etc.. Such disputes were a regular feature. On 2.1.1994, which was a Sunday, when the informant came home on the weekend he was told by his wife Kuldip Kaur (deceased) that there was again a quarrel with Bakshish Kaur, appellant No. 2 regarding distribution of jewellery etc.. Appellant No. 2 had threatened her that she must leave this house or else she will finish her. On 3.1.1994, while going on duty the informant assured his wife that he will take premises on rent at Moga and shift his family.

5. On 6.1.1994 Bakshish Kaur, appellant No. 2 came to his work place at Moga and informed him that his wife was missing since last night, and his daughter had died on account of electric shock. He immediately rushed to his Dera and found his daughter dead. The left hand of his daughter was charred, perhaps on account of electric shock. The informant was perplexed and disturbed and in that state of mind acceded to the advise given to him by the appellants to throw away the dead body of Soni in the Satluj river. On 7.1.1994, he appeared before Malkiat Singh, ASI. Incharge Chowki P.P. Kamalke and reported regarding his missing wife. He was ever since searching for his wife.

6. On 19.1.1994, Resham Singh, PW 7, informed him that his wife who used to take milk from him regularly, did not come to take milk on 5.1.1994. He, therefore went to her house at about 7 p.m. There he heard raula (noise) and saw appellant No. 2, Bakshish Kaur and her brother, Jasbir Singh catching hold of Kuldip Kaur by her legs while Gurmit Singh