Judgment

KHANNA, J.:- Bhajan Singh (60), his wife Charan Kaur (40), their son Surjit Singh (20) and daughter Jito (16) were convicted by the learned Sessions Judge, Amritsar for offences under Section 302 and Section 302 read with Section 34 Indian Penal Code on charges on triple murder of Harbans Singh (50), Bachan Singh (40) and Ishar Singh (12). Bhajan Singh and Surjit Singh were sentenced to death while Charan Kaur and Jito were sentenced to undergo imprisonment for life. Conviction was also recorded against the four accused under Section 201 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of one year on that count. On appeal and reference, the Punjab and Haryana High Court acquitted all the four accused. The State of Punjab thereafter came up in appeal to this Court by special leave.

2. Harbans Singh and Bachan Singh deceased were brothers of Bhajan Singh accused. Ishar Singh deceased was the son of Hari Singh, a third brother of Bhajan Singh. Hari Singh died a few years before the present occurrence in Bihar. Harbans Singh and Bachan Singh were issueless. Bhajan Singh and his three brothers, Harbans Singh, Bachan Singh and Hari Singh owned about 14 1/2 acres of land in the village of Dhulka in Amritsar district. The case of the prosecution is that Harbans Singh, Bachan Singh and Ishar Singh were killed by the accused so that they might also get the share in the aforesaid land of the three deceased persons.

3. According to the prosecution case, for about 10 or 12 days before May 7, 1972, the three deceased persons were found to be missing. The three deceased persons used to live in a house in the fields at a distance of about 1 1/2 miles from the village abadi. Close to their house was the house of the accused. There was no other house nearby. When the three deceased persons were found missing for a number of days, Hari Singh (PW 1) who is a cousin of Bhajan Singh accused and Harbans Singh and Bachan Singh deceased, made a report at police station Jandiala on the morning of 7-5-1972. It was mentioned in the report that the three deceased persons had been missing and the informant apprehended that the accused might have done away with the deceased persons with a view to grab their share in the joint land. A ease was thereupon registered under Section 364 Indian Penal Code by Sub Inspector Partap Singh (PW 8).

4. After the registration of the case, it is stated, Sub Inspector Partap Singh went to the village of the parties and found Bhajan Singh harvesting the wheat crop in the field. The Sub Inspector then interrogated Bhajan Singh. Bhajan Singh disclosed that he had buried the dead bodies of his brothers Bachan Singh and Harbans Singh in front of his house and could get the same recovered. Memo Ex. P-2 with regard to the disclosure statement of Bhajan Singh was prepared. Bhajan Singh then led the police party to a place in front of his house. That place was dug open and two dead bodies were recovered therefrom. One of the dead bodies, which was alleged to be that of Bachan Singh, was in a naked state.

5. The other dead body, which was alleged to be that of Harbans Singh, had a kachha (underwear) and a phatui (waist coat) on it. A piece of cloth was fount tied around the neck of the dead body alleged to be that of Harbans Singh. The two dead bodies were then sent to mortuary where post-mortem examination was performed by Dr. Saluja on the afternoon of May 8,1972. The doctor found the two dead bodies to be in a decomposed state. The features also could not be recognised. The doctor did not find any ligature marks and could otherwise also not find out the cause of death.

6. It is further the case of the prosecution that on May 9, 1972 Surjit Singh accused went to the house of Jabarjang Singh (PW 5)and requested him to produce Surjit Singh before the police. Surjit Singh also made an extra judicial confession before Jabarjang Singh. According to that confession, Charan Kaur had called