Judgment

N. P. SINGH, J.:- The appellant has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life, for causing the murder of Paramjit Singh.

2. It is said that the appellant and the deceased were intimate friends and they used to visit frequently each others house. But Paramjit Singh (hereinafter referred to as deceased) misbehaved with the wife of the appellant and because of that the appellant had nursed a grudge. On July 8, 1979 in the morning the appellant asked the deceased to accompany him to Chandigarh and Mohali where he wanted to take some suitable shop for his business. They boarded a bus of the Road Transport Corporation at Patiala for Chandigarh at about 9.59 a.m. Gurucharan Singh (P.W.-8) also came to Chandigarh by the same bus. The appellant and the deceased reached Chandigarh at about 11.30 a.m. and after staying there for some time they boarded a local bus for Mohali. Gurdev Singh (P.W.-23) accompanied them in the bus from Chandigarh to Mohali. At Mohali after getting down from the bus the appellant went to Raj Kumar Singh (P.W.-11) brother of his wife and borrowed a bicycle from him. During this period the deceased was sitting at a shop and taking aerated water. Shortly thereafter, the appellant arrived with the bicycle at the said shop and both left on the bicycle. The deceased was pedalling the bicycle and the appellant sat behind on the carrier. Both were seen going on the bicycle by Jaimal Singh (P.W.-5) by the side of the Gurdwara, Sahib Singh Sabha, Mohali. Jaimal Singh (P.W/-5) after taking his meals went to Gurdwara Sahib Singh Sabha at about 2.45 p.m. the same day. One Om Prakash, came there and told him that a Sikh gentleman was lying on the ground in the campus of the said Gurdwara in an injured condition. Jaimal Singh (P.W.-5) accompanied by Balwinder Singh, Sewadar, came to the spot and found the victim lying on the ground and bleeding profusely. He identified him to be the same person whom he had seen earlier on the bicycle. The victim could not speak. Jaimal Singh (P.W.-5) left Om Prakash and Balwinder Singh, Sewadar, at the spot and summoned members of the Gurdwara Committee. Some of the members who were available reached. But in the meantime the victim succumbed to the injuries. They searched for the assailant. Thereafter Jaimal Singh (P.W.-5) accompanied by Chatter Singh went to the Police Station, Mohali and lodged the first information report at 4.00 p.m. the same day.

3. It is further the case of the prosecution that near about the time of the occurrence the appellant was seen coming from the side of the Gurdwara Sahib Singh Sabha and was noticed on the way by Joginder Singh (P. W.-9) with blood on his hand. On being asked the appellant gave out that he had a fight with someone and he was going to the hospital to get his injuries dressed. Gurdev Singh (P.W.-23) on his way back from the hotel also saw the appellant going on the bicycle and found him puzzled. He also saw the hand of the appellant stained with blood and blood marks on his clothes as well. On query the appellant said that he had got the injury through barbed wire and was going to the doctor to get his wounds dressed. Last in the chain of events the appellant reached the house of Raj Kumar Singh (P.W.-11) and returned him his bicycle.

4. It is also the case of the prosecution that next day on July 9, 1979, the appellantmade over his shirt to Ram Gopal (P.W.-6), Dry Cleaner, asking him to remove the stains from it. A copy of the receipt prepared in connection with the aforesaid shirt was produced during the trial. The doctor who held the post-mortem examination found several incised wounds on the person of the deceased including injury on the abdomen.

5. There is no dispute that the prosecution case is based solely on the circumstantial evidence. If at a trial the prosecution adduces direct evidence to prove the charge, the Court is primarily concerned whether the witnesse