JUDGMENT :

Jasjit Singh Bedi, J.

1. The present appeal has been filed against the judgment of conviction and order of sentence dated 25.10.2004 passed by the Sessions Judge, Amritsar.

2. The FIR was registered on 16.09.2001, the judgment of conviction and order of sentence passed by the Sessions Judge, Amritsar is dated 25.10.2004, the appeal was filed on 28.01.2005 and the matter is being taken up for hearing now i.e. after a period of more than 23 years from the date of registration of the FIR.

3. The prosecution story in brief is that Nishan Singh S/o Gurdial Singh lodged a complaint with the police stating that he was a resident of Village Gaggobua and was working as a Conductor on a private mini bus. He had one brother and one sister Kulwinder Kaur who was married to Palwinder Singh of village Chhapa. His younger brother Khajan Singh was assisting his father in domestic work. They all used to pay obeisance at Baba Budha Sahib on every Sangrand. This time also they were to go to Baba Budha Sahib to pay obeisance for which his sister and her husband Palwinder Singh had come to their village in the evening. Then he (complainant) contacted the driver of the bus where he was employed as a Conductor to come to the village with passengers so that he (complainant) could also accompany his family members to pay obeisance at Baba Budha Sahib. At about 03.30/4.00 AM the driver had come with his mini bus after which he, his mother Gurbachan Kaur, sister Kulwinder Kaur and sister's husband Palwinder Singh and younger brother Khajan Singh went to pay obeisance after leaving behind their father in the house. When they came back to the house at about 06.00 AM they found that the outer door of the house was lying opened and their father Gurdial Singh was lying on the ground in a pool of blood after having fallen down from the cot. Harjinder Singh son of Sucha Singh caste Jat resident of Gaggobua carrying a knife like weapon in his hand saw them and immediately ran away from the spot. He and his mother and other members found that Gurdial Singh had been murdered by giving knife blows and by strangulation using a rope. Blood was oozing out from the wounds of the nose under the left ear and on the back of the left shoulder. Leaving behind his sister's husband Palwinder Singh, he went to call his other family members to guard the body and then went to inform the police. He met the police party at bus stand of village Gaggobua. The motive behind the occurrence was that Harjinder Singh had come to their house some time prior to the occurrence and had asked his father to keep one unauthorised pistol with him (deceased). His father had refused to do so and there had been a hot exchange of words between them. Harjinder Singh had seen his father alone in the house and had committed the murder by giving knives blows and by strangulation.

4. The aforesaid statement, Ex. PH was made about this occurrence before the SHO who after making his endorsement, Ex. PH/3 sent it to the police station on the basis of which FIR, EX.PH/4 was recorded against the accused under Section 302 IPC. The SHO accompanied by the complainant and others went to the spot and after inspecting the same prepared a rough site plan, Ex.PG with correct marginal notes. He got the spot/dead body photographed from Sarabjit Singh, Photographer, PW10. He prepared the inquest report, Ex. PC in respect of the dead body and sent the same for post mortem examination to Civil Hospital, Tarn Taran, alongwith his application, Ex. PB, through Sukhbir Singh and Sawinder Singh, constables, PW9 and PW2, respectively. He lifted bloodstained earth from the spot and put the same in a small tin box which was sealed with the seal of HS and was taken into possession vide memo, Ex. PJ. The blood stained parna, Ex. P2 of the deceased was also found lying at the spot which was converted into a separate parcel and sealed with the same seal. That, parna was taken into possession vide memo, Ex. PL. The plastic rope