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1986 Supreme(SC) 381

M.P.THAKKAR, K.N.SINGH
Gian Singh – Appellant
Versus
State Of Punjab – Respondent


JUDGMENT :- The appellant has been found guilty of the murder of his uncle Hardit Singh. The conviction has been built on circumstantial evidence which the trial court as well as the High Court have considered sufficient to establish beyond reasonable doubt the guilt of the appellant. The evidence of P.W. 4 Des Raj who was working in his field at about 5 or 5.30 p.m. shows he had seen the deceased going on a cycle towards Burj Raika with a jhola. He had witnessed appellant, Buta Singh and Avtar Singh having a quarrel with the deceased. The appellant had a kirpan with him at that time. The evidence of P.W. 5 Jagdev Singh shows that at about 7.00 p.m. when he was returning to his home from his fields he had seen appellant Gian Singh armed with a kirpan and holding a cycle in his hand. When PW 4 saw the appellant he had no cycle. When PW 5 saw him later on, he had a cycle. There is also evidence regarding the recovery made at the instance of the appellant. The cycle which has been proved to be the cycle belonging to the deceased was recovered in the wake of the disclosure statement made by the appellant. A kirpan, a shirt, a pajama and a small stick were also recovered at the instance

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