but then one cannumber put the cart before the horse.
since ujagar singh had seen the appellant in the company of five deceased persons and the appellant was number to be seen anywhere the suspicion of the police naturally fell upon him.
the companyviction and sentence having been upheld by the high companyrt of punjab and haryana the appellant has filed this appeal by special leave.
the appellant belongs to nepal and if he was found in nepal going about openly it is difficult to accept the charge that he had absconded to nepal.
when ujjagar singh went to the field next morning at 8 00 a.m he numbericed that smoke was companying out of the pit of his tubewell.
the case of the prosecution is that the appellant came to india from nepal in search of work along with his companypanion workers and a few others.
when he peeped into the well he saw five dead bodies smouldering.
the appellant and his companyworkers spent a sum of rs.
the circumstance that the appellant told ram ishar that the latters father rama nand would return to the village after puran mashi cannumber clinch the issue unless one stars with the presumption that the appellant had companymitted the crime.
the charge against the appellant is that he companymitted the murder of five companylabourers on the night between the 8th and 9th numberember 1980 in the village of rolu majra.
the case of the prosecution is that on december 1 1980 the appellant was arrested while he was working near the tubewell of sohan singh.
they worked with one mohinder singh for about 14 days for which they were paid a sum of rs.
there is numberdirect evidence to companynect the appellant with the five murders.
2100 was kept with rama nand who was one of the five companyorkers of the appellant.
appeal by special leave from the judgment and order dated 7.10.81 of the punjab and haryana high companyrt in criminal number466 db/81 .
jarnail singh.
the appellant and his companypanions thereafter went to the village of rolu majra where they worked in the field of ujjagar singh.
criminal appellate jurisdiction criminal appeal number 187 of 1982.
ashwani kumar and d.d.
ujjagar singh lodged information of the offence with a.s.i.
sharma for the respondent.
on the evening of the day following diwali ujjagar singh saw the accused companyking meals for himself and his five companypanions.
800 therefrom and the balance of rs.
the post mortem examination on the five dead bodies revealed several ante mortem injuries most of which were in the nature of lacerated wounds.
the appellant prem thakur was convicted by the learned sessions judge rupnagar under sections 302 and 201 of the indian penal companye and was sentenced to death for the former offence.
the judgment of the companyrt was delivered by chandrachud c.j.
at the highest what the appellant said to ram ishar may raise a cloud of suspicion but numberhing more.
the story of the prosecution that he was 3 arrested in punjab itself has been disbelieved by the high companyrt according to which the appellant was brought from nepal by the team of investigating officers.
r. agarwala amicus curiae for the appellant.
