IMPORTANT POINTS1. In a murder case when there is no direct witness to the commission of murder and the case rests entirely on circumstantial evidence the circumstances relied on must be fully established.2. The extra judicial confession made by an accused to stranger, while he was in the custody of the police officer shall not be proved against the accused.3. Before accusing an innocent person of the commission of a grave crime like the one punishable under Section 302 Indian Penal Code an honest sincere and dispassionate investigation has to be made and to feel sure that the person suspected of the crime alone are responsible to commit the offence.4. 1t is high time that senior counsel practising in the court concerned volunteer to defend indigent accused as a part of their professional duty.

Judgment

K.RAMASWAMY,J.:- The appellant K. C. Sharma, along with two others was charged for the offence punishable under Ss. 302 and 201 read with S. 34 of the Indian Penal Code for causing the death and concealing the dead body of Joginder Singh. The Additional Sessions Judge, Kangra Division at Dharamsala convicted all the accused under S. 302/34 and directed them to undergo imprisonment for life and to pay a fine of Rs. 500/ - and also to the sentence of two years rigorous imprisonment and fine of Rs. 500/- the offence of S. 201 / 34, in default of payment of fine for a further period of three months rigorous imprisonment. All the sentences were directed to run concurrently. On appeal the Division Bench of the High Court of Himachal Pradesh by judgment dated July 20, 1977 acquitted accused 2 and 3 of the offence under S. 302, I.P.C. and confirmed the conviction and sentence of the appellant and set. aside the sentence of fine. The leave having been granted by this Court, this appeal has been filed.

2. The narrative of prosecution case runs thus: The deceased Joginder Singh, resident of Jogipura, Tah. Kangra on November 10, 1974, while going to Pathankot with some currency notes in his possession went on his way to Jassur village to meet his friend one Bala Pahalwan. On enquiry the latter was said to be absent from the village. The deceased came in contact with the appellant and both went to the Dhaba of P.W. 7, Joginder Singh Paul to have some drink, but P.W. 7 did not allow them to take liquor inside the Dhaba. Both of them sat in the back side of the Dhaba to have drink. P.W. 8 Tamil Singh and one Jai Onkar were also invited to have drink with them. All of them together consumed the liquor and ate meat. The deceased paid the price of the liquor and meat and when he had become tipsy, P.W. 8 suggested to take the deceased to Pathankot or to keep him at Dhaba Beli whereat he could make necessary arrangements for their stay but the appellant insisted upon taking the deceased to Kangra. Thereafter the appellant and the deceased boarded the Truck No. HPK 4179 driven by A.2, Madho Ram, Driver and A.3,Bihari Lal, Cleaner. P.W. 8 and the other left the place. The truck was loaded with the bricks and the appellant and the deceased sat on the bricks in the body of the truck and went towards Kangra side. P.W. 12, the Octroi Clerk at Nurpur states that the truck driven by A.2 went towards Baijnath. P.W. 13, Burfiram, Chowkidar at Ichhi Marketing Co-op. Society spoke that he saw the truck driven by A.2 and A.3 and got unloaded the bricks at the godown of the said Society at about midnight but the deceased was not seen there. It is further the case of the prosecution that while the deceased or accused were going in the truck, there ensued a quarrel between them over some money matter and the appellant took iron-screw driver and gave blows on the head and face of the deceased. Consequently the deceased was half dead. He was thrown out of the truck but finding him not dead put him in the truck and all the accused severed the head with an iron saw and buried the trunk under stones in the outskirts of the village Dhadhu and carried the head with them in the truck. The head was hidden at a place between Guggal and Chaitru on the Kachcha road branching off the main road to the village Ichhi. On November 13, 1974, P.W. 6 Karrudi Ram, the Chowkidar of Mauza Bandi, during twilight, had gone to answer natures call at the out skirts of the village Dhadhu and noticed the blood stains and a torn pant near the stones. On further probe the hand of the deceased was seen projecting from the stones and he noticed the dead body. He went and reported to Bidhu Ram, P.W. 10, the Pradhan of the village and two others. All of them went tot he spot noticed the dead body. P.W. 10 kept a watch during the night. On November 14, 1974 at about 7.00 or 8.00 a.m. P. W. 6 went to the Police Station and lodged the complaint. P.W. 26, the A.S.I. recorded and issued the Fir