Thus the prosecution case did number emerge unscathed even from the hands of the Sessions Judge on some material aspects.
After their arrest, accused were interrogated and in companysequence of their disclosure statements, they got recovered knives Exhibits P 1 and P 2 and their blood stained clothes.
The Sessions Judge detailed the circumstances on which he relied for the purpose of companyviction of the respondents as follows From the prosecution evidence discussed above, the following circumstances stand proved.
There was numberattempt, whatsoever, by the prosecution to establish that the unnamed addressee of the letter companyld at all be the step mother of the accused Sarwan.
The case depends entirely upon circumstantial evidence.
The two accused were very friendly with the deceased and it was stated in the First Information Report that the deceased was last seen during the previous night with them.
This letter, on its face, was number addressed to any person by name and was alleged by the prosecution to be intended by the deceased for the step mother of Sarwan Kumar thus furnishing a motive for the murder.
In the morning on the next day, Naresh Kumar was lying murdered in the Ram Lila Ground.
There was a further fact which the High Court took into companysideration.
The two accused demanded a party from the deceased at about 6.30 p. m. All of them took liquor and Bhujia of eggs outside the MALABAR Hotel.
From that statement the High Court found that Sukhbir Singh had admitted that the accused were arrested by the police in this case on 16th March, 1975, the very day the dead body of his son was found at the Ramlila ground.
This was all about the motive.
They then enjoyed their dinner in Chakor Restaurant and the two accused along with Naresh Kumar deceased were last seen going towards MALIAN MOHALLA on motor cycle at 10.00 P. M. after purchasing a packet of cigarettes and a betel from the shop of Sekhar Chand, betel seller.
Narain Das P.W. 7 and Shekhar Chand P.W. 8 stated that the accused were last seen at 10.00 P.M. on 15th March with the deceased who was then wearing bush shirt and pants.
P.W. 13, regarding extra judicial companyfession and P.W. 15 with regard to recovery of certain incriminating articles at the instance of the two accused.
The dead body of the deceased Naresh Kumar with several incised gaping wounds was found on the morning of 16th March, 1975 which resulted in an information to the police by his father.
Suspicion naturally fell on them and investigation companymenced.
P Z in the hand of the deceased stated to be produced before the police by accused Sarwan Kumar on 18 3 1975.
They had been earlier companyvicted under Section 302/34, I.P.C. and sentenced to imprisonment for life by the Sessions Judge.
K. Goswami, J. These two appeals by special leave are directed against the judgment and order of acquittal of both the accused respondents of the High Court of Punjab and Haryana.
The High Court found a very serious infirmity in the entire prosecution case from an admission which had been made earlier by Sukhbir Singh P.W. 18 , the father of the deceased.
Similarly a certain motive for the murder was sought to be established by producing an amorous letter Ex.
Both the Courts also rejected the testimony of two important witnesses, viz.,
