Circumstantial evidence can lead to conviction in murder cases if it forms a complete narrative excluding reasonable doubt.

JUDGMENT :

Gurvinder Singh Gill, J.

This judgment shall dispose off the above mentioned appeal filed by appellants Gurpal Singh and Malkiat Singh @ Lambu challenging their conviction and also a revision petition filed by Jora Singh (father of deceased Mohinder Singh) who seeks enhancement of sentence. Vide judgment dated 02.02.2005 passed by learned Sessions Judge, Bathinda, the appellants Gurpal Singh and Malkiat Singh @ Lambu have been held guilty and sentenced as under:-

2. Since the proceedings qua appellant No.1-Gurpal Singh already stand abated, the appeal survives qua appellant No.2-Malkiat Singh only.

3. The matter relates to death of two persons namely Mohinder Singh and D.C. Singh, in respect of which FIR No.49, dated 25.05.2002, was lodged at Police Station Talwandi Sabo, Bathinda, under Sections 302 and 460 IPC (Ex.PJ/2) on the statement (Ex.PJ) of complainant Pirthi Singh, wherein it is alleged that he was employed as a tractor driver with Narinder Singh. It is alleged that Mohinder Singh (deceased No.1) was serving as a cook whereas D.C. Singh (deceased No.2) was looking after cattle of Narinder Singh. About 7/8 days earlier Narinder Singh had gone to Delhi and that on the previous night (24.5.2002) at about 7:30 PM, he went home after winding up his work. Mohinder Singh and D.C.Singh were sleeping outside for the purpose of security of the house. Next morning at about 7:00 AM, when he went to the house of Narinder Singh, he saw that Mohinder Singh and D.C.Singh had been tied to cots with the help of 'parna' (piece of cloth) and they were having injuries on their heads. Complainant stated that it appeared that the said two had been strangulated to death with 'parna' and had also been inflicted injuries during the night intervening 24/25.02.2002 by some unknown persons.

4. Pursuant to lodging of the FIR, the Investigating Officer SI Mukhtiar Singh (PW-13) along with other police officials went to the spot. Inquest proceedings were conducted in respect of both the dead bodies namely Mohinder Singh and D.C.Singh vide memo Ex.PF and Ex.PC respectively. The spot was got photographed. The dead bodies were sent for post mortem examination vide memo Ex.PB and Ex.PE. Rough site plan of place of occurrence was prepared vide memo Ex.PX. Blood stained soil was collected from the spot and was sealed vide memo Ex.PN. A broken piece of stick was also taken into possession vide recovery memo Ex.PP. Two pairs of shoes, a 'parna' and blood stained shirt were also taken into possession. Foot moulds in respect of foot prints were got prepared and taken into possession vide memo Ex.PQ. Statement of witnesses were recorded in terms of Section 161 Cr.P.C.

5. It is further the case of prosecution that Investigating Officer SI Mukhtiar Singh (PW-13) again visited the spot the next day i.e. on 26.5.2002 along with finger print expert Prabh Dayal and finger prints were lifted from almirah and from the photo frame. It is further the case of prosecution that on 27.5.2002 he had again visited the spot and that Shamsher Singh had disclosed to him that two empty glasses and a liquor bottle were lying in the cattle shed and that the said bottle and glasses were duly sealed and taken into poss