BASANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) We have heard the learned counsel both sides. Basant Singh, appellant was convicted by the Sessions Judge, Kapurthala under S. 302, indian Penal Code for the murder of his co-villager, Jassa Singh. The High court dismissed Basant Singh's appeal. He has now come in appeal to this court by leave under Article 136 of the Constitution.

(2.) The prosecution story was that on 22/08/1970, the appellant induced the deceased to go with him to the house ofamar Nath (Public Witness 18) in the village of (sic) where a jagraata was being held. The appellant and the deceased were seen at the jagraata up to 3 a. m. when the gathering dispersed. The appellant then induced the deceased to go with him to the former's tube-well for spending the night there. Thereafter, the deceased disappeared. After making a futile search for the deceased, Puran Singh (Public Witness 13) brother of the deceased lodged a report at Police Station, Sadar, Kapurthala on 24/08/1970 whereupon a case under S. 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 S. 302, Indian Penal Code,

(3.) The conviction of the appellant rests entirely on circumstantial evidence. The main circumstances which have been accepted, as established, by the courts below are as follows :