The burden of proving the prosecution's case squarely rests upon the prosecution, and this burden never shifts to the accused. Motive in murder cases usually furnishes a clue to the identity of the murderer, and the absence of motive may be a pointer to the innocence of the accused.

VERMA, J.

( 1 ) LEARNED Additional Sessions Judge, Raisinghnagar has found guilty Sher Singh of offence under Section 302, I. P. C. for committing twin murders, one of his wife Kartaro and the other of his son Nanak. The learned Judge has imposed upon the convict the extreme penalty of death. He has made D. B. Criminal Reference No. 3/1992 for confirmation of the death sentence. Convict Sher Singh has filed D. B. Criminal Jail Appeal No. 387/ 1992, Whereby he challenges the correctness and legality of his conviction and the sentence passed upon him. The murder reference and the jail appeal have been heard together and are being disposed of by a common judgment.

( 2 ) THE prosecution story is that Sher Singh was resident of village PM I. Smt. Kartaro was his legally wedded wife and Nanak Ram was his son. Nanak Ram was married to Smt. Veero (P. W. 2 ). Sher Singh owned about 25 bighas of land at village PM I. Three years prior to the alleged occurrence, Sher Singh divided his land and gave 10 bighas of the same to Nanak Ram and retained the remaining land with him. Sher Singh and Nanak Ram started separate cultivation of the two parcels of land. The appellant used to reside in a Dhani built on this land. On being separated, Nanak Ram built a separate Dhani on the land given to him and Nanak Ram and his wife Veero, (P. W. 2) aforesaid started living separately from Sher Singh in this newly constructed Dhani. Sher Singh and his wife Kartaro did not enjoy good relations and hence Kartaro started living with her son and dauther-in-law on the new Dhani built by her son.

( 3 ) THE prosecution case is that Veero (P. W. 2) originally belonged to village 7 KND, where her parents used to live with their family. Veero was pregnant during the relevant period. Hence, on 7-6-1991 her mother Dhanno (P. W. 5) and brothers Dayal Ram (P. W. 3) and Pilla Ram. (P. W. 4) had come to visit her at village PM I. They had an overnight stay at the place of Veero. On the morning of 8-6-91 at about 7 a. m. Sher Singh came to the Dhani of Nanak Ram. Sher Singh was armed with a gun and also carried an axe. Veero was preparing tea at that time while Nanak Ram, Dhanna, Dayala Ram, Pilla Ram and Kartaro were sitting nearby. Sher Singh all of a sudden fired gunshots at Nanak Ram, killing him on the spot. He, then inflicted axe blows on Kartaro who fell down and started bleeding. Veero and her mother and brothers raised an alarm but nobody came there. Sher Singh, thereafter, walked , away towards his Dhani, with gun and axe in his hands.

( 4 ) THE prosecution story further is that Veero along with Dayala Ram went the same day to Police Station Rawla at a distance of 15 kilometres and lodged an oral report with S. H. O. Premnath (P. W. 7) at about 11 a. m. Shri Premnath got the report Ex. D. 1 recorded and registered a case under Sections 302-307, I. P. C. He recorded the statement of Smt. Veero and proceeded to the scene of occurrence along with a photographer and Dr. Balwant Singh. He got the scene of occurrence photo graphed. He, then inspected the site and prepared site plan Ex. P-5. He found the dead body of Nanak lying in the aangan of latters dhani. He examined the dead body and prepared memo Ex. P-6 and Panchnama Ex. P-7 in the regard Smt. Kartaro was also lying nearby in an injured condition. Premnath recovered bloodstained and control soil from the spot and sealed them separately vide memos Ex. P-8 and Ex. P-9 Dr. Balwant Singh conducted autopsy on the dead body of Nanak at the spot, the same day at 1 p. m. He found as many as six wound of entry of gun pellets on the body of deceased Nanak Ram and an equal number of wounds of exit, details whereof were noted by him in the post-mortem report Ex. P-1. He found the following injuries on Nanaks person. 1. Lacerated wound (Entrance)3x2x2cm. on Rt. iliac fossa near symphysis margin inverted no blackening, no tattooing No signing of hair, Runs, obliquely downward through inguinal canal in it. side of