The main legal point established in the judgment is the requirement for complete and conclusive circumstantial evidence to establish guilt in a criminal case.

M.L.Singhal, J.

1. This judgment will dispose of criminal appeal No. .19-DB of 2001 (Chhotu Ram @ Bakru alias Surinder and others v. State of Haryana), criminal Appeal No. 105-DB of 2001 (Harish Kumar v. State of Haryana) and Criminal Appeal No. 144-DB of 2001 Sher Singh @ Sheru v. State of Haryana) as these criminal appeals have arisen from the same judgment of the learned Additional Sessions Judge, Panipat, dated 5/9.12.2000 delivered in Sessions case No. 48 of 2000 (Sessions Trial No. 126 of 2000) FIR No. 469 dated 20.10.1995 under Sections 302/201/34 of the Indian Penal Code of Police Station City, Panipat convicting and sentencing all the six accused to under go rigorous imprisonment for life and to pay fine of Rs. 10,000/- each under Section 302/34 of the Indian Penal Code or in default of payment to fine, the defaulter to under go further rigorous imprisonment for three years. They were also sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 3000/- each under Section 201/34 of the Indian Penal Code or in default of payment of fine, the defaulter to undergo further rigorous imprisonment for six months. Substantive sentences were to run concurrently.

2. Facts : Tilak Raj Sehgal was running a dairy in Murti Colony, Panipat. He was keeping buffaloes and cows for the sale of their milk. Sheru son of Ram Bharose, caste Ahiria (Bahelia) of village Junedpur, PS Aliganj UP and Surinder alias Chhotu Bihari of village Manibela PS Chirana, UP were working in that dairy as servants. They were looking after cattle. They used to put up in the dairy itself. Tilak Raj Sehgal used to leave for his house situated in Insar Chowk, Street of Central Bank, Panipat at about 8.00 p.m. after getting free from work for stay at night. It was daily routine with him. At about 4/4.30 a.m. he used to leave for the dairy and awake the servants also that they fed fodder etc. to the cattle and milched the cattle. After putting them to feeding fodder etc. to the cattle and milching them, he used to leave for walk (morning walk). On 22.10.1995 at 4.30 a.m. as usual he got up and left for the dairy. At about 5/5.15 a.m. daily, his son Deepak Sehgal used to come to the dairy with a view to assisting his father in the dairy work. On 22.10.1995 at about 5.30 a.m. as usual, Deepak Sehgal, reached the dairy. His father Tilak Raj Sehgal was not found at the dairy nor was any servant found at the dairy. Thereupon, Deepak Sehgal returned to his house and told the members of the family that none was there in the dairy. He brought candle from his house and reached the dairy. He switched on the light and searched for Tilak Raj Sehgal but could not find him. He then went to the dairy of Gulshan Wadhawan which adjoins his dairy and asked for the help of his servant, thinking that his father might have gone in search of their servants but to no effect. Thereafter, he went to the dairy of Satish Nanda in Ghere Araiya for the search of his father and their servants, but to no effect. Thereafter, he went to the house of his fathers friend Sh. Prem Miglani and brought him to their dairy. After sometime, Insar servant of Gulshan Wadhawan and his friend came to their dairy and helped them in milching the cattle. At about 8.30/8.45 a.m. he became free from milching all the cattle. Insar asked him to feed the cattle. Thereupon he, Insar and his friend entered the fodder room. Prem Miglani also entered the fodder room simultaneously with them. As Deepak Sehgal entered the fooder room, his foot fell on something hard in the dry fooder (turi). He asked Insar that there was something hard in the dry fodder/turi. He and Insar removed turi with their hands and found the dead body of Tilak Raj with face thickly stained with blood. Deepak Sehgal called his fathers uncle Bansi Lal Sehgal from the neghbourhood to the spot. The dead body of Tilak Raj was brought out of the dry fodder/turi. A look at the dead body revealed that front portion of the nec