JUDGMENT

SHINGHAL, J.:— This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated July 9, 1975, giving benefit of doubt to respondent Ajit Singh (hereinafter referred to as the respondent) and acquitting him of offences under Ss. 302, 392 and 397, I. P. C. for which he was convicted by the Additional Sessions Judge of Faridkot on October 31, 1974. The Additional Sessions Judge had sentenced the respondent to death for the offence under S. 302, I. P. C. and to rigorous imprisonment for five years and seven years respectively for the offences under Sections 392 and 397 I. P. C.

2. Nishan Chand (deceased), son of appellant Mohan Lal (P. W. 5), was a resident of Roranwali. He was Secretary of Roranwali and Phulu Khera Co-operative Societies. The respondent was Nishan Chands friend and was Secretary of Roranwali Patti Sikhan Co-operative Society. He also used to live in village Roranwali with his maternal-uncle Gurdial Singh who was the village Chairman.

3. It is alleged that Nishan Chand and the respondent left together on June 17, 1974, for villages Lambi and Malout on Nishan Chands bicycle, as they had to deposit the money realised by them. They did not however return to Roranwali that night. Mohan Lals other son Satpal, who was studying in Class VIII in a school at Sikhanwala, saw Nishan Chands bicycle lying at some distance from the boundary of village Roranwali, near a culvert, on the "pakka" road leading to Sikhanwala, and he also saw a man lying dead in a field at a short distance from there. As the dead body appeared to be of Nishan Chand, Satpal went back to his house and informed his father Mohan Lal (P. W. 5) at about 7 a. m. Mohan Lal (P. W. 5) and his brother Dharam Chand (P. W. 8) went to the place where the dead body was lying. It had many injuries and a blood stained blade of knife (Ex. P-3) was lying near it. A black piece of cloth (fifty) was lying at some distance towards the road. As Nishan Chand used to bring home the money of the Societies some times, Mohan Lal suspected that the respondent might have murdered him for the money. It seemed to him that the black piece of cloth ("fifty") belonged to the respondent which he was wearing on the previous morning. Mohan Lal therefore left for police station Lambi, which was at a distance of about 9 miles from the place of occurrence. As he found Sub-Inspector Harnek Singh (P. W. 19) at Sikhanwala bus stand, he reported the matter to him at about 9.30 a.m. The Sub-Inspector recorded Mohan Lals statement and sent it along with constable Mal Singh to police station Lambi for registering a case.

4. S. I. Harnek Singh went to the place of occurrence with Mohan Lal and found Dharam Chand (P. W. 8) and Nishan Chands mother Smt. Agyawanti near the dead body. He found foot-prints (two of bare foot and one with the shoe) near to the dead body. The blade of knife (Ex. P. 3) was also found lying near the dead body and a shoe was found lying in the water channel at a distance of 7 or 8 karams. The small piece of black cloth ("fifty") (Ex. P-4) was found lying at a distance of 25 or 30 karams from the dear body. The Sub-Inspector recorded the statement of Smt. Agayawanti. He lifted moulds of the foot-prints and took them in his possession. The bloodstained blade of knife (Exhibit P-3) was also taken in possession vide memorandum (Ex. P-K) and was sealed. The Sub-Inspector took the shoe also in his possession. He prepared an inquest report and sent Nishan Chands dead body for post-mortem examination. Dr. P.K. Narang (P. W. 1) of Civil Hospital Gidderbaha examined the dead body and found 12 injuries, all of which were ante-mortem. The doctor found that Nishan Chands death was due to the injuries to vital organs of the brain as a result of injuries Nos. 1 and 2 which were as follows,-

"(i) A stab wound with clean cut edges 2.5 x 0.5 cm. on the front of left side of forehead just above the eyebrow. Bloodstained brain matter was coming out o