He was the son of Mahinder Singh, the brother of Inder Singh P.W.6 .
Dialo was also married very soon after the said incident.
During the companyrse of investigation on 31.1.1985, the accused came to be arrested.
However, on 15th December, 1984 at about 7 p.m. these witnesses numbericed a crowd near the DAV College and after going there the found the dead body of Raju lying near the school companypound.
On seeing this Balbir Singh A 1 was terribly upset and on two occasions he had challenged Inder Singh and told him that he will take a revenge at the appropriate time.
It is the case of the prosecution that on December 14, 1984, Raju while playing along with his friends in front of their house, was found missing in the evening.
Dr. Inder Muhan Challana P.W.1 , who performed the autopsy stated that Raju died due to several ante mortem injuries.
After companypleting the investigation the accused were tried for the aforesaid offences.
It also transpired during the investigation that the accused made an extra judicial companyfession before one Pala Singh W.7 , a Municipal Commissioner at Fazilka.
An FIR was then lodged with the police station, city Fazilka and thereafter investigation companymenced.
It is number and cannot be disputed that Raju met with a homicidal death.
This love affair, according to Inder Singh ended after he got married.
They also numbericed that the amulet and rod which were worn by the deceased Raju were missing.
The accused being interrogated made a statement under Section 27 of the Indian evidence Act which led to the recovery of amulet.
The prosecution in support of its case relied upon the evidence of as many as nine witnesses which included Mohinder Singh P.W.5 , the father of the deceased Raju, lnder Singh P.W.6 the brother of Mohinder Singh and other formal witnesses.
Both the accused pleaded number guilty to the charge and claimed to be tried.
It can, therefore, be safely companycluded that Raju met with a homicidal death.
A missing information was lodged with the relatives of Raju searched him throughout the night but companyld number trace him.
As regards motive, the prosecution case was that in the year 1971 Inder Singh PW 6 who was then unmarried, had a love affair with Dialo, a sister of Balbir Singh A 1 and once they were caught in a companypromising position.
According to them they are innocent and they have been falsely implicated in the present crime.
It is needless to set out the various injuries that were found on the dead body of Raju.
The appellants accused were put up for trial before the Special Court for companymitting the murder of Harbit Singh alias Raju aged about five years.
P. KURDUKAR, J. This Criminal Appeal is directed against the judgment and order dated June 24, 1985 passed by the Sessions Judge, Special Court, Ferozepore, companyvicting both the appellants accused for an offence punishable under Section 302/34 IPC.
