ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in this appeal is to the judgment of a Division Bench of Punjab and Haryana high Court directing acquittal of the respondent who faced trial for alleged commission of offence punishable under section 302 of the Indian Penal Code, 1860 (in short 'ipc' ). Learned Additional Sessions judge, Gurdaspur found the accused guilty and directed his conviction.

( 3 ) ACCORDING to the prosecution case, which was registered on the statement made by jaswinder Singh, the maternal uncle of the accused on 6. 7. 1994 is that when he had gone to village Mann Sandwal to see his sister he had found the house locked form out side. He was informed by some neighbours that his sister Parkash Kaur and her husband Man Singh had shifted their residence to their farm house about a month earlier. He had then gone to the farm house, which was at a distance of 1-1/2 kilometers and on reaching there he found that the door of the Kotha of the tube well was locked from out side and foul smell was coming from the tube well. He returned to the village and after collecting some residents returned to the tube well. On reaching the tube well and breaking open the doo