Circumstantial evidence must form a complete chain, excluding all reasonable hypotheses of innocence, for conviction; reliance on weak evidence leads to acquittal.

JUDGMENT :

Gurvinder Singh Gill, J.

1. The appellants Pawan Kumar and Satya Narain assail judgment dated 3.5.2005 passed by learned Additional Sessions Judge, Narnaul, whereby they have been held guilty for having committed offences punishable under Sections 302 , 201 read with Section 34 of Indian Penal Code and stand sentenced as under:

2. The matter arises out of FIR No.302 dated 6.11.2000 registered at Police Station Mahendergarh, under Sections 302 /201/34 of Indian Penal Code (Ex.PF/2) lodged at the instance of statement of complainant Jagdish Parshad. The translated gist of his statement (Ex.PF) reads as under:

'I am a resident of Village Pathera, District Mahendergarh and I am an agriculturist. We are three brothers. Om Parkash is my elder brother and younger to him is Rohtash, who is also an agriculturist. Ashok son of Rohtash aged about 10-11 years was studying in Class 4th. On 1.11.2000 at about 11:00 A.M. Ashok went out after taking meal, but did not return back till night. We searched for him, but did not get any clue about his whereabouts. On 5.11.2000, I lodged a report regarding Ashok Kumar having gone missing at Police Station Mahendergarh vide DDR No.8 dated 5.11.2000. Today i.e. on 6.11.2000 Somdutt, Beldar, Pump House, Pathera came to the village and informed that a dead body of a child was seen floating in canal at Pathera Pump House. We went to the Pathera Pump House and saw a dead body of a child, which was found to be of my nephew Ashok Kumar. On 1.11.2000, my nephew Ashok Kumar was with Pawan Kumar. Upon collecting information, I came to know that Ashok Kumar had been killed by Pawan Kumar because of an old enmity and pending litigation and his dead body had been thrown in the canal. A criminal case was pending in the High Court of Punjab and Haryana. After leaving Rakesh near the dead-body, I came to the village to telephonically inform the police station. I was waiting for you at Bus Stand Pathera, where you met me. Action be taken.'

3. Consequent upon recording of aforesaid statement, Sub Inspector Jarnail Singh went to the Pump House, Pathera. The dead body was taken out of the canal and was got photographed. Inquest proceedings were conducted. The dead body was sent for post-mortem examination. A rough site plan (Ex.PT) of the place of occurrence was prepared. Statements of witnesses were recorded.

4. It is the case of prosecution that the accused Pawan Kumar specifically confessed his guilt before Laxmi Narain, Ex. Sarpanch on 15.11.2000 while stating that he alongwith Satya Narain had killed the deceased Ashok Kumar. As per the case of prosecution, Pawan Kumar was produced before the police by Laxmi Narain on 15.11.2000 and was formally arrested. Upon interrogation Pawan Kumar made a disclosure statement (Ex.PN) on 16.11.2000, pursuant to which he got a 'danda' (stick) and a cycle recovered from his house, which were taken into possession vide recovery memo Ex.PR.

5. The remaining investigation was conducted by Inspector Rajinder Singh (PW-18), who arrested Satya Narain on 24.3.2001 and also recorded his disclosure statement Ex.PS. Upon conclusion of investigation he prepared the final report under