JUDGMENT

A.K. PATNAIK, J.

1. This is an appeal against the judgment dated 06.04.2006 of the Division Bench of the Punjab and Haryana High Court in Criminal Appeal No.294-DB of 2003.

2. The facts very briefly are that Amrik Singh, son of Fakir Singh, resident of Azad Nagar, Patiala (Punjab), used to ply a mule cart. On 31.01.1997, the appellant contacted him and hired his mule cart for Rs.600/- for carrying his household luggage from village Kamalpur, Police Station Rajound, to village Chambo Kheri, District Patiala. Accordingly, Amrik Singh left for the village Kamalpur on 31.01.1997 and was to return on the night of the same day, but did not return. His family members waited till the morning of 01.02.1997 but when Amrik Singh did not return, they became apprehensive and Fakir Singh went to the house of the appellant and met his wife who assured him that his son will return back by evening. When Amrik Singh did not return in the evening of 01.02.1997, Fakir Singh, Kaka Singh and Hardev Singh visited the house of the appellant and again they were assured by the wife of the appellant that Amrik Singh will return soon. In the meanwhile, on 01.02.1997 at about 11.30 am, one Rajinder Kuma