Judgment

JUDGMENT - The prosecution in the instant appeal chose to rely upon mere circumstantial evidence, but unfortunately that circumstantial evidence was held not sufficient to link the accused with the charge of murder of two innocent young boys, namely, Jai Bhagwan (10 years) and Surinder Kumar (5 years). They were the brother and son respectively of P.W. 33 of village Bandara in Jind District. On 27th October, 1977 they were going towards a field. This was seen by P.W. 13, Mohinder, at about 4.30 p.m. The said Mohinder also saw Ved Prakash (the respondent herein) going towards his field armed with a spade. P.W. 18 also saw the respondent going towards his field on the pathway. These boys did not return home, P. W. 33, who is employed as a teacher in Jind, used to come back daily to his house at village Bandara. On the day when he returned from the school he asked about the whereabouts of these boys but nothing was found. Therefore, on 28th of October, 1976, P.W. 19 at the instance of P.W. 33 went to the Police Station and lodged a complaint for a vigorous search. It was found that the dead bodies were lying in the sugarcane field. P.W. 35, the Sub Inspector, accompanied with