IMPORTANT POINT
Conditions precedent for conviction on circumstantial evidence, Scope and applicability of extra judicial confessions and importance of Last seen theory discussed and principles reiterated.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding the conviction of appellant No.1-Chattar Singh (hereinafter referred to as ‘A-1’) for offence punishable under Section 302 of the Indian Penal Code, 1860. He was also convicted for offence punishable under Section 201 and Section 498A IPC. Different sentences were imposed for the said offences. Appellant-Mange Ram (hereinafter referred to as ‘A-2’) was convicted for offence punishable under Section 498A IPC and was sentenced to undergo RI for two years and to pay a fine of Rs.2,000/-. The conviction recorded by learned Additional Sessions Judge, Rohtak, was confirmed by Division Bench of the High Court as also the sentences for both the appellants.

2. Background facts giving rise to the prosecution are as follows:

A young girl, namely, Guddi (hereinafter referred to as the ‘deceased’) aged about 26 years, belonged to village Nimly in district Bhiwani in Haryana. Her marriage was performed with Chattar Singh, A-1, son of Mange Ram, A-2 of village Sahlawas, in district Rohtak, in the year 1990. Both the families are agriculturists. A daughter, namely, Poonam (deceased no.2) was born from this wedlock. Dead bodies of Guddi and that of the infant daughter Poonam in the posture that the latter was in the armpit of Guddi were found in a well of village Sahalwas on the morning of 17.2.1993. Jeet Singh, father of the deceased made an application Ex.PO on 16.2.1993, a day earlier that his daughter was missing, before SI Ashok Kumar, PW-12, the then Station House Officer, Police Station, Sahlawas and on its basis formal FIR Ex.PN was recorded. On 17.2.1993 he inspected the spot and prepared rough site plan Ex.PCC. He got the dead bodies of the deceased photographed by Varinder Singh, Photographer, PW.14. Ex.PJJ/l to 8 are the photographs and Ex.PJJ/9 to 14 and Ex.PZ/7 and 8 are their negatives. Zile Singh, PW.9, also took photographs Ex.PZ/7 to 12 and the negatives are Ex.PZ/1 to 6. The Investigating Officer prepared inquest reports Ex.PB and PD. He also prepared rough site plan of the place of recovery of dead bodies Ex.PDD. The dead bodies were taken out from the well and were despatched for post mortem. On 28.2.1993, Chattar Singh and Mange Ram accused were produced by Babu Lal, Sarpanch of the village before the Investigating officer who were arrested. On interrogation by the Investigating Officer on 1.3.1993, Chattar Singh accused made a disclosure statement Ex.PFF and in pursuance thereof got recovered Chuni (Scarf) from the specified place which were taken into possession vide memo Ex.PFF/1. He also prepared rough site plan Ex.PFF/2 of the place of recovery. However, the statement made by Jeet Singh, PW.3, the father of the deceased contained the allegations that Chattar Singh (husband) and Mange Ram (father-in-law) of the deceased as well as Rajesh and Vijay Singh along with their wives Bimla and Bala respectively who were maltreating his daughter were demanding Rs.50,000/- as a part of dowry and only on fulfilment of that condition the daughter could remain in peace. He allegedly borrowed a sum of Rs.50,000/- from one Badan Singh, PW.8, and paid the amount to the accused persons. He also claimed that he gave various other amounts, valuables and articles on various occasions and it was, therefore, that since this amount was given at least 25 days earlier to the occurrence, after the birth of the child when Guddi had stayed only for a short period prior to the occurrence at the place of her in-laws. So, there was one version of the complainant, father of the deceased, that the dispute which led to the death of the deceased was the demand of dowry. However, during further investigation of the case, it transpired that extra judicial confession was allegedly made by Chattar Singh and Mange Ram accused that they were suspecting illicit relation of the deceased Guddi with some person and that