MEHTA, J.—The prosecution story in brief is that Kanhaiyalal Periwal, P. W. 17, a resident of Nohar, had a son Naresh and daughter Sarita. Naresh was about 5-1/2 years old and Sarita was nearly 4 years of age. Naresh was studying in the first standard in Pooranmal Middle School, Nohar. On July 15, 1971, Naresh returned from his School at about noon. Thereafter both Naresh and his sister Sarita went out of their house to play in the lane. That very day at about 3 p.m. Kanhaiyalals another son Ghanshyam went to his fathers shop and informed him that both Naresh and Sarita, who had been playing in the lane at 2.30 p. m. were missing. On receving that information Kanhaiyalal went to his house. There his wife Mst. Godawari, P. W. 1, told him that Naresh and Sarita had been missing. Kanhaiyalal made a search of his two children in the town of Nohar, but when he could not get their clue, he made a report (Ex. P. 34) to A. S. I. Nohar, Gaja Nand, P. W. 23, on July 15, 1971, at 8. 30 p.m. On receipt of the above report the police also strove to trace the whereabouts of the two children. Next day, i.e., on July 16, 1971, at 5 p. m. Kanhaiyalal lodged another report (Ex. P. 35) with the police station, Nohar. Gajanand, P. W. 23, A.S.I. Incharge of the police station, Nohar, registered the case u/secs. 363 and 367, I.P.C. Soon after the police made a thorough search for the two children at the railway station and various other places. But all their endeavours met with a failure. In the meantime, S.H.O. Khushalchand, P. W. 27, returned to the Police Station. On August 3, 1971, Gaja Nand informed Khushalchand that some foul smell was emitting from the Tehsil well and that the dead bodies were seen floating therein. Thereupon Khushalchand went to the well. He peeped into it and saw that two dead bodies were resting on the surface of water. Jetharam, P. W. 26, got down into the well. He took two headless dead bodies out of it. One of the corpses was of Naresh and the other one was of Sarita. Memos Exs. P. 36 and P. 37 were prepared in resect of these recoveries. Naresh was putting on a white bush-shirt Ex. 12 and a blue underwear Ex. 13. Sarita was wearing a black frock Ex. 14 and a blue underwear Ex.15. Four Chhappals of the two children were also recovered. All theses articles were seized by the Police under Ex. P. 41. On August 4, 1971, Jetharam, P. W. 26 and Modu Khan, P. W. 5, again got into the well and brought out joints of bones and small pieces. They were seized by the police under memo Ex. P. 42. The same day one Chhappal and one bag belonging to Sarita were further recovered under memo Ex. P. 44. On August 5, 1971, two skulls and jaws with teath were taken out of the well : vide memo Ex. P. 45. Therafter the investigation was conducted under the guidance of Manphoolsingh, Circle Officer, P. W. 25. In the course of the investigation Sardararam, Mst. Tulsi and her husband Bhikharam were arrested on August 22, 1971 : vide memos Exs. P. 48, P. 49 and P. 50. After his arrest Sardararam furnished information regarding the discovery of the weapon of offence to the police : vide Ex. P. 51 dated August 26, 1971. Pursuant to that intelligence the police recovered the dagger Ex. 11 from the house of Sardararam under memo Ex. P. 26. On August 28, 1971, accused Bhikharam gave information Ex. P. 2, to the police regarding the availability of a quilt used by the accused in the course of the crime. Consequent on that information the police recovered the quilt, Ex. 6 at the instance of Bhikharam accused under memo Ex. P. 2. Tulsi told the police under memo Ex.P. 54, dated August 29, 1971, that she had obtained an iron pan from Dr. Mohanlal. In consequence to that information the police recovered an iron pan from the house of Dr. Mohanlal Narula P. W. 3. Its seizure memo is marked Ex. P. 13. On September 5, 1971, accused Bhikharam was produced before the Musiff-Magistrate, Hanumangarh, for getting his confessional statement recorded. Learned Munsiff

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