The judgment emphasized the legal principles related to circumstantial evidence, the need for evidence to be proved beyond reasonable doubt, and the inadmissibility of certain reports.

1. First Additional Sessions Judge, Jammu, the trial Court, convicted appellant, Mohd. Yaqoob, under Section 302 of the Ranbir Penal Code on 1-05-2003 and sentenced him to suffer imprisonment for life and a fine of Rs.25,000/- (Rupees twenty five thousand) on 17.05.2003. He, accordingly, submitted his proceedings to this Court for confirmation under Section 374 of the Code of Criminal Procedure, Svt. 1989.

Appellant has filed Criminal Appeal No. 07/2003 against his conviction and sentence awarded by learned trial Court.

2. Facts, necessary for decision of the reference and the appellants appeal, may be summarized thus:

A reliable information was received by SHO, Police Station, Bishnah, on 27-01-1999 at 10.45 a.m. that an unidentified male dead body was found lying at the Poultry Farm of one Vijay Kumar. This information was recorded as report No. 6 in the Daily Diary Register of 27-01-1999 deputing Mr. Shiv Dev Singh, Sub-Inspector of Police, along with constables to the spot for appropriate proceedings. Mr. Shiv Dev Singh, on reaching the spot, found that the dead body was of Suram Singh, Chowkidar, working at the Poultry Farm, with injuries on his head and penis, wherefrom it was apparent that person/persons, with criminal intention, had attacked him during the preceding night with intention to kill him. He, accordingly, requested for registration of the case. A case, FIR No.09/1999, was, accordingly, registered in Police Station, Bishnah, on 27-01-199 at 11.30 a.m. Final Police Report under Section 173 of the Code of Criminal Procedure was filed before Judicial Magistrate First Class, Bishnah, who committed the case to learned Sessions Judge, Jammu, who, in turn, transferred it for disposal to the learned First Additional Sessions Judge, Jammu.

3. A charge under Section 302 RPC was framed by the trial Court on 08-05-1999 against the appellant, who denied the charge and claimed to be tried.

4. Prosecution examined Shiv Dev Singh, Romesh Chander, Vijay Kumar, Nikka Ram, Ram Rattan, Dinesh Kumar, Tarlok Singh, Dar Singh, Bodh Raj, Dr. Basant Kumar Sharma, Raghubir Singh, Patwari, and Tarseem Chand, as its witnesses. The appellant, however, did not lead any evidence in defence.

5. Brief resume of the statements of the prosecution witnesses may be summarized as follows:

1. PW Shiv Dev Singh, Sub-Inspector of Police, states that after receiving information that a dead body was lying at Chak Jaralan, he went on spot, whereafter he sent a docket for registration of case to the concerned SHO, who investigated the occurrence. The docket was marked as EXPW-SS.

2. PW Romesh Chander states that he knew the accused, who used to work at the Halwai Shop of his brother. He would work at the Poultry Farm of his brother as well, He did not know the name of the accused. His brother had gone to Kathua and when he came back, he informed him on Telephone that a boy had died at the Poultry Farm. He went to the Poultry Farm. The accused was not there. He had seen the accused at the Halwai Shop of his brother during the night. He went on spot and found that the dead body of the boy, who used to work at the Poultry Farm, was lying there. Police had reached on spot.

3. PW Vijay Kumar says that he knew the accused. He had been working as a Halwai in a shop situated near Jewal Cinema. Accused was working with him at the Halwai Shop. The accused would work at his Poultry Farm as well, which was located at Bishnah Road. Suram Singh was also working in the Poultry Farm. He knew tailoring as well. He says that about 11/4 years ago, he had gone to his farm where he found the dead body of Suram Singh. Accused was not there because he, at that time, was at his Halwai Shop at Jewal Chowk. Police reached on spot. This witness was declared hostile.

In cross-examination, he denied as incorrect the suggestion that the accused was at the Poultry Farm at the night when the occurrence had taken place. He admitted the seizure of blood stained earth from the sp