The appellant absconded after the occurrence and remained in ascendance till his arrest on 29th August, 1970.
The main circumstances which have been accepted, as established, by the Courts below are as follows The first circumstances is three folds, At about 8 or 9 p.m. on 22nd August, 1970, the appellant called and took away the deceased from the latters house to the Jagrata a religious vigil which was being held in the house of Pandit Amar Nath PW 8 in the village Thereafter, up to about 3 a.m., the appellant and the deceased were seen together in the companygregation at the house of Amar Nath till about 3 a.m. when it started dizzying and the gathering started dispersing At about 3 or 3.30 a.m. the appellant asked the deceased to accompany him to his tube well for spending the night there and then both of them proceeded towards the tube well of the appellant.
Evidence in regard to a was given by Puran Singh PW 3 who was joint in residence with the deceased.
After making a futile search for the deceased, Puran Singh PW 3 brother of the deceased, lodged a report at Police Station, Sadar, Kapurthala on 24th August 1970 whereupon a case under Section 364, Indian Penal Code was registered against the appellant which subsequently on the recovery of the dead body of Jassa Singh, was altered into one under Section 302, Indian Penal Code.
He gave a false explanation that he had gone away to his sisters village Hirampur on the 20th August, 1970 and returned to village on the 26th August, 1970.
The appellant then induced the deceased to go with him to the formers tube well for spending the night there.
The Chemical Examiner and Serologist has reported that the bean and the earth sent to him were stained with human blood.
Thereafter, the deceased disappeared.
The appellant and the deceased were seen at the Jagrata up to 3 am, when the gathering dispersed.
The companyviction of the appellant rests entirely on circumstantial evidence.
Regarding fact b , the evidence was furnished by Amar Nath PW 8 and Teja Singh PW 12 Evidence regarding c was rendered by PW 12, Sadhu Singh PW 10 deposed to this fact but his evidence has number been relied upon by the High Court The dead body of the deceased was found buried in a pit adjacent to the tube well of the appellant, on the 25th August, 1970 by Police Sub Inspector, PW 15 in the presence of PWs Teja Singh, Puran Singh, and one Mohan Singh.
Blood stained earth was also seized from the ground underneath that charpai.
