The court held that the testimony of an unreliable eye-witness and retracted extra-judicial confessional statements are insufficient to establish the guilt of an accused beyond a reasonable doubt. The court also held that a person cannot be held vicariously liable under Section 34, Indian Penal Code, in the absence of evidence of a common intention to commit the offence.

Gopal Singh, J.

1. This is appeal by Thakar Singh and his son Niranjan Singh from the judgment of the Additional Sessions Judge, Amritsar dated August 14, 1968, convicting them under Section 304 (Part II) read with Section 34, Indian Penal Code and sentencing each of them to rigorous imprisonment for three years.

2. Thakar Singh appellant has died in jail. It is only the maintainability of the conviction of Niranjan Singh appellant, which is to be considered.

3. The following pedigree table as drawn up from the evidence on the record will better enable to appreciate the facts of the prosecution case :-

4. The deceased Kashmira Singh son of Bahal Singh and Niranjan Singh appellant and his father Thakar Singh resided in village Thathi in the district of Amritsar. At 4.00 p.m. on November 23, 1967, Kashmira Singh a boy of 13/14 left his house for the fields with a sickle for cutting cotton sticks. As Kashmira Singh did not return to his house on the night between November 23 and 24, 1967, this caused anxiety to his father Bahal Singh. Next morning, Bahal Singh left for his fields. He found chadar and pair of shoes of Kashmira Singh lying there but did not see the boy near about. Thinking that Kashmira Singh might have gone to the house of Banta Singh father of Bahl Singh residing at village Tharu, Bahl Singh proceeded there. The boy was not present with his grandfather. From Tharu, he proceeded to contact his brother Sardul Singh at Tarn Taran. Finding that the boy had not gone to his uncle Sardul Singh, he deputed Sardul Singh to make enquiries about the whereabouts of the boy in village Thathi and himself proceeded to village Noshera Punnwan where his sister-in-law was married. In the last named village too, no clue of the boy was forthcoming. From there Bahal returned to Thathi.

5. After Sardul Singh visited village Thathi, he was contacted by Niranjan Singh appellant. Niranjan Singh and his father Thakar Singh are said to have confessed the guilt both before Sardul Singh and Gurmit Singh saying that the deceased entered the sugarcane field of Thakar Singh and cut a cane, that they caught hold of the body and that Thakar Singh pressed his neck and the neck having been overpressed, the boy died. They also disclosed the information that the dead body of the boy was lying in their sugarcane field. Thereafter, Bahal Singh and Sardul Singh went to the sugarcane field and found the dead body of Kashmira Singh lying in that field.

6. Leaving Sardul Singh to guard the dead body of the body, Bahl Singh left for Tarn Taran Police Station and lodged first information report. Exhibit P.C. at 4.00 p.m. on November 24, 1967. The distance of the Police Station from village Thathi is 3 miles. Surjan Singh, Sub-Inspector reached the spot. He prepared inquest report of the boy, Exhibit P.F. He sent the dead body for post-mortem examination. He took in possession chadar, Exhibit P.1 and shoes Exhibits P. 2 and P. 3 from the field of Bahal Singh. Memo pertaining to their recovery is Exhibit P.G. Some cut cotton sticks were also taken in possession from the field. Memo pertaining to their recovery is Exhibit P.H. Two sugarcane lying near the dead body of the boy were also taken in possession. Memo pertaining to their recovery is Exhibit P.1.

7. Upon receiving information from Sardul Singh and Gurmit Singh that both the accused had confessed the guilt, the appellant and his father were apprehended. Upon interrogation, Niranjan Singh disclosed that he had kept sickle concealed in his sugarcane field. His statement is Exhibit P.D. It is attested by Gurmit Singh and Santokh Singh. In pursuance of the statement made by the appellant, sickle Exhibit P.4 was recovered from the sugarcane field. Memo pertaining to its recovery is Exhibit P.D./1.

8. On coming to know that Tara Singh had witnessed the occurrence of throttling of the boy by the accused, Surjan Singh, Sub-Inspector recorded the statement of Tara Singh.

9. Dr. Jatinder Singh performed t