The main legal point established in the judgment is the reliance on direct evidence from credible eyewitnesses, the recovery of the murder weapon, and the establishment of motive for the murder.

Per Bansi Lal Bhat, J.

1. This appeal by appellants-convicts (hereinafter referred to as `accused') is directed against judgment of conviction and order of sentence respectively dated 26.04.1993 and 29.04.1993 formulated by learned Sessions Judge Jammu in File No. 91/Sessions titled State v. Charanjit Singh & ors. by virtue whereof accused-Charanjit Singh has been convicted of offence under Sections 302 of RPC and 4/27 of Arms Act and sentenced to imprisonment for life and fine of Rs. 1000/-(Rupees One Thousand) for offence under Section 302 of RPC, in default of payment of fine to further suffer six months simple imprisonment; also sentenced to one year's rigorous imprisonment and a fine of Rs. 500/-(Rupees Five Hundred) for offence under Section 4/27 Arms Act, in default of payment of fine to further undergo three months simple imprisonment. Accused Inder Singh and Rattan Lal have been convicted for offence under Section 302/34 of RPC and sentenced to imprisonment for life and a fine of Rs. 1000/- (Rupees One Thousand) each, in default of payment of fine to further suffer six month's simple imprisonment. Learned Sessions Judge has made Reference in terms of Section 374 of Cr.P.C. for confirmation of sentence of life imprisonment slapped on the accused. Confirmation Reference No. 17/1993 has been clubbed with the instant appeal for disposal.

2. Prosecution version, as emanating from report submitted by the Investigating Agency under Section 173 of Cr.P.C., is that on 07.11.1986 at about 1.30 am one Waryam Singh lodged a written report at Police Station Bishnah alleging therein that his relative Gian Chand (hereinafter referred to as `deceased'), who was a hot-headed man disliked by the villagers and had previously been subjected to a murderous assault resulting in serious injuries, was chased by the accused after the deceased had an altercation with some villagers who raised a lalkara that Gian Chand should not be permitted to escape but the deceased managed to save his life. However, at 7/8 pm the accused armed with lathies and swords, with common intention, assaulted the deceased on a thoroughfare near a well. When the deceased ran for safety, the accused gave him a chase, waylaid him in the compound of Mst. Shani and struck him repeatedly with the intention of eliminating him. It was alleged that accused Charanjit Singh inflicted injuries on the person of deceased by giving repeated strikes with a sword while accused Rattan Lal and Inder Singh hurled lathi blows on him. He further alleged that the deceased succumbed to injuries on spot and his dead body was lying in a pool of blood. The informant Waryam Singh claimed to have watched the occurrence alongwith Janak Raj as the duo had visited the residence of deceased on that day. Based on this report, case under FIR No. 162/86 for offence under Sections 302/34 of RPC came to be registered at Police Station Bishnah. Police embarked upon an investigation, during the course of which dead body of deceased found lying in the compound of Mst. Shani in a pool of blood besides three broken teeth of deceased, a dismembered figure with nail smeared in blood and clay were seized. The seized articles were sealed on spot. Site plan and Fard-e-Surat-e-hal were prepared on spot. Photographs of dead body were taken and the dead body was sent for post mortem examination to Bishnah Hospital. Clothes and shoes of deceased were also seized. Body of deceased was subsequently delivered to the next of kin of deceased for last rites. Statements of witnesses were recorded. Accused Charanjit Singh was arrested and a blood- stained sword was recovered in pursuance of a disclosure statement made by him. Same was seized along with blood- stained articles and sent to FSL for chemical examination. Lathies used as weapons of offence were recovered from accused Rattan Lal and Inder Singh. The investigation culminated in filing of Charge-Sheet against the accused for offences under Sections 302/34 of RPC and 4

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