The judgment emphasizes the principle that circumstantial evidence must be conclusive and establish guilt beyond a reasonable doubt in order to convict an accused.

1. 1. These two appeals arise out of the judgment dated October 8, 1987, passed by the Additional Sessions Judge No. 1, Hanumangarh, by which the learned Additional Sessions Judge convicted the accused-appellants under Section 302/34 IPC and sentenced each of the accused to undergo imprisonment for life and a fine of Rs. 100/-, and in default of payment of fine further undergo 15 days rigorous imprisonment.Accused-appellants Bhoop Ram and Chanan Ram were tried by the learned Additional Sessions Judge No. 1, Hanumangarh, for the offence under Section 302/34 IPC for the murder of one Pappu alias Ramu Ram on the next day of Deepawali in the year 1986 in the out-skirt of village Mammad. The case of the prosecution, as unfolded in the FIR which was lodged at Police Station, Lalgarh, at about 1.30 p.m. on November 3, 1986, by Hukma Ram the father of deceased Ramu Ram, is to the effect that yesterday, in the morning, his son Papu alias Rumu Ram had gone in the village for Ramshama, but did not turn-up up to the evening and there after he searched him in the village, but he was not traceable. Today, in the morning, he again went in search of his son and was informed by Ranveer Singh that yesterday, at about 2.00/2.30 p.m. Chanan Ram, Bhoop Ram and Papu came to his shop and took half kilogram of Bhujiya and went away. At about 5.00 p.m., accused Chanan Ram and Bhoop Ram came to his shop but at that time they were scared. Chanan Ram took Rs. 50/- as a loan from him and went to away. At that time, Pappu was not with them. The informant was further informed by Leelu Ram that yesterday, at about 2-00/3-00 p.m.. accused Chanan Ram, Bhoop Ram and Pappu were seen by him going towards the field of Gurubachan Singh. Leelu Ram and the informant thereafter proceeded towards the field of Gurbachan Singh and when they reached there, Milkiyat Singh met them in the way and he informed them that yesterday at about 3.00 p.m. Chanan Ram, Bhoop Ram and Pappu were seen by him near the water tank of Gurubacchan Singh. On further search, they found the deadbody of Ramu Ram alias Pappu in the Narma crop of Gurubacchan Singh. It has, also, been stated in the First Information Report that sometime before, an altercation took place between the accused-appellants and Pappu regarding the cattles and that was the bone of contention between them he suspects that his son has been murdered by Chananram & Bhoopram. On the basis of this information, a case under Section 302/34 IPC was registered against the accused Chanan Ram and Bhoop Ram and the police, after necessary investigation, presented the challan and the accused were tried by the learned Additional Sessions Judge No. 1, Hanumangarh. The prosecution, in support of its case, examined nine witnesses and placed reliance over 17 documents. The accused, in defence, did not examine any witness. The learned Additional Session Judge No. 1, Hanumangarh, after trial, convicted and sentenced the accused, as stated above.

2. The nature of evidence, produced by the prosecution, consists of PW 1 Ram Chandra, who is a witness of the arrest of both the accused, as well as the recovery of the clothes of these two accused and the site plan of these recoveries made. He is, also, a witness to the site plan Ex. P. 7 the place where the deceased Ramu Ram was allegedly murdered. He is, also, a witness to the extra-judicial confession alleged to have been made by the accused Chanan Ram before him PW 2 Ranveer Singh is a shop-keeper who has last seen the deceased in the company of the accused-appellants at about 2.00/2.30 p.m. in his shop and saw the accused at his shop at about 5.00 again and at that time the deceased Pappu was not with them. PW 3 Leelu Ram and PW 4 Milkiyat Singh are the two witnesses regarding the last seen of the accused, but they have not supported the prosecution case and have been declared hostile. PW 5 Chandu Ram is the witness, who has seen the accused Chanan Ram on the date of the occurrence washing