The court held that the evidence of an approver may be corroborated by evidence that was already known to the police before the approver was examined by them, but that the court must consider whether there are circumstances to show that the approver has been tutored by the police to make a statement fitting in with the evidence of the other witnesses.

Harnam Singh, J.

1. In Sessions Trial No. 4 of 1954 the Additional Sessions Judge, Hoshiaipur, has convicted Kesar Singh and Ranbir Singh tinder Section 302 read with Section 34, Penal Code, hereinafter referred to as the Code, and has sentenced each of them to death.

In that trial the Additional Sessions Judge has convicted Kesar Singh and Ranbir Singh under Section 397 read with Section 394 of the Code and has sentenced each of them to suffer rigorous imprisonment for seven years, sentence of imprisonment to be suffered by the convicts in case the sentence of death imposed upon them is not confirmed by the High Court. Surat Singh father of Kesar Singh and Ranbir Singh who was prosecuted in Sessions Trial No. 4 of 1954 upon charges under Section 302 read with Section 34 and Section 397 read with Section 394 of the Code has been acquitted.

2. Kesar Singh and Ranbir Singh appeal under Section 410, Criminal P. C., and the proceedings are before us under Section 374 of that Code for the confirmation of the sentence of death imposed upon them.

3. In order to appreciate the points that arise for decision it is necessary to set out the facts of the case in some detail.

4. On 2-8-1953 Kora Earn P. Wf 22 went to Hoshiarpur for private work. In village Bihini the house of Kora Ram was separated from other houses in the village. Indeed, the nearest house to the house of Kora Ram was that of Ram Ratan situate at a distance of half a furlong from his house. Before leaving village Bihini he asked Ram Ratan to sleep at his house in his absence. Kahon, aged 13 years, was his servant.

5. On the night between the 3rd and 4th of August 1953 Mst. Labhdo mother of Kora Ram, Mst. Kartari wife of Kora Ram, Ram Ratan and Kahon were murdered in the house of Kora Ram. In the absence of Kora Ram P. W. 22, Gilho chaukldar P. W. 19 made the first information report, Exhibit P. R, at police post Dehra on 4-8-1953 at 12.50 p. m.

6. Assistant Sub Inspector Pritam Singh P. W. 23 who recorded the first Information report, Exhibit P. R, reached village Bihini at 3 p. m. on 4-8-1953.

7. Reaching village Bihini Assistant Sub inspector Pritam Singh found the body of Mst. Kartari in her room and bodies of Mst. Labhdo and Ram Ratan on cots in the verandah and body of Kahon in the courtyard of the house. Assistant Sub Inspector Pritam Singh prepared inquest reports, Exhibits P. L, P. H, P. E, and P. K. 1.

8. No clue of the culprits was found by Assistant Sub Inspector Pritam Singh on 4-8-1953.

9. On 5-8-1953 Sub Inspector Sain Das reached village Bihini at about 7 a. m.

10. On 5-8-1953 Kora Ram P. W. 22 saw Kesar Singh and Ranbir Singh at Bihini well. Seeing that Kesar Singh and Ranbir Singh hid not joined the investigation Kora Ram P. W. 22 suspected the complicity of Kesar Singh and Ranbir Singh in the crimes. On 6-8-1953, Sub Inspector Sain Das P. W. 24 recorded the statement of Kora Ram.

11. Sub Inspector Sain Das searched for Kesar Singh and Ranbir Singh but they were not available in the village on 6-8-1953. On the following day Kesar Singh was produced before Sub Inspector Sain Das by Foot Constable Hukam Chand. On the same day Ranbir Singh was produced before Sub Inspector Sain Das by Lekh Ram P.W. 20 and Jal Ram P. W. 21. Ranbir Singh had watch, Exhibit P. 5, on his wrist when he was produced before Sub Inspector Sain Das.

12. On 7-8-1953 Ranbir Singh produced bloodstained barchha, Exhibit P. 31, from underneath the grass in his cattle-shed.

13. On interrogation Kesar Singh gave information that he had kept shirt, a cigarette box and some coins in his house in his trunk. That information is contained in the memo, Exhibit P. BB. Prom the trunk cigarette debba, Exhibit P. 4 shirt, Exhibit P. 32 and cash, Exhibit P. 33, were recovered. On 7-8-1953 at 2 P. m. Kesar Singh and Ranbir Singh were formally arrested.

14. Sub Inspector Sain Das went to the house of Mangtu P. W. 4. Finding that Mangtu was not in his house Sub Inspector Sain Das sent some consta