Judgment

OZA, J.:- This appeal has come to this Court on grant of leave against the conviction of the appellant under Section 302 and sentence of death and also his conviction under Section 201, IPC and sentence of 7 years rigorous imprisonment and fine of Rs. 200/- awarded by Sessions Judge, Ferozepur and confirmed by the High Court of Punjab & Haryana. The appellant is convicted for having committed the murder of his father and son. It is alleged that deceased Banta Singh father of the present appellant owned 4-5 killas of land situated at Ferozepur Road where a tubewell was also installed by the side of a small kotha where he along with his grand son Seva Singh used to live away from the house where the appellant resided. It is alleged that Seva Singh was crippled and used to move about on a tricycle. Banta Singh and Seva Singh used to go to Gurudwara of their village to render services.

2. Banta Singh had only one son i.e. present appellant whereas the appellant had a son Seva Singh the deceased from his first wife (since deceased). Later he married second time and had two children, but she also died. At present he has the third wife and with her, he has two sons.

3. It was alleged, as motive for the offence, that the appellant used to quarrel with his father and son in connection with land owned by father as the latter wanted to transfer his land in the name of Seva Singh who used to live with the grandfather.

4. According to the prosecution a day prior to Amawasay a of Chet 1985 (May 1985) when Nihal Singh (PW 2) was rendering services with Banta Singh and Seva Singh at Gurudwara at about 5 p.m. the appellant went to the Gurudwara and told his father and son that in the evening a truck of Car Seva would come from Fazilka and that they would go to Amritsar to take the holy bath. On this representation, appellant took Banta Singh and Seva Singh from the Gurudwara. It is alleged that on the same day at about 10 p.m. when Nihal Singh was proceeding to his fields for guarding his tubewell he met the accused on the way and found carrying dang with him. On being questioned by Nihal Singh as to why he was there and why he did not go to Amritsar, the appellant replied that Banta Singh and Seva Singh were sent to Amritsar by him in a truck of Car Seva. It is further alleged that when Nihal Singh did not see for sometime Banta Singh and Seva Singh he felt suspicious and lodged a report dated 10 October, 1985 in the Police Station Mamdot. That became the FIR (Ex.PG).

5. S.I. Puran Singh who recorded the statement of Nihal Singh raided the house of the appellant who it is alleged was not present. On 13 August, 1985, it is alleged that the appellant made an extra judicial confession to one Amrik Singh and Amrik Singh produced the appellant before the Police. On 15 August, 1985, a memorandum under Section 27 of the Evidence Act was recorded by the Investigating Officer at the instance of the appellant and later the dead bodies of Banta Singh and Seva Singh were recovered from a field. It is also alleged that at that time there was a Jhinjan crop standing in the field. The dead bodies were identified by one Channan Singh who was a Panch witness. The tricycle and other articles were recovered from the Kotha at the instance of the appellant.

6. On the basis of this evidence, the courts below convicted the present appellant. The circumstances which have been found against the appellant are : (i) Last seen with the deceased at the Gurudwara by Nihal Singh (ii) extra judicial confession made to Amrik Singh (iii) the statement under Section 27 leading to discovery of dead bodies and (iv) recovery of tricycle and other articles from the Kotha where the two deceased used to reside and the motive alleged against the appellant.

7. Learned counsel for the appellant contended that as against the motive is concerned, the appellant at the trial had produced a will executed by deceased Banta Singh wherein he has given away all his lands to the appellant. In