(1.) In Sessions Trial No. 13 of 1953 the Court of Session has convicted Gehna Singh, aged 25 years, and Pritam Singh, aged 22 years, under Section 302 read with Section 34, Penal Code, hereinafter referred to as the Code, for the murder of Wasakhi Ram, shepherd boy aged about thirteen years, and sentenced each of them to death. Gehna Singh and Pritam Singh appeal and the proceedings are before us under 8. 374, Criminal P. C., for the confirmation of the sentence of death imposed upon them.
(2.) On 30-3-1953 at about 8 a.m. Wasakhi Ram as usual took out his goats fourteen in number to the Damtal jungle in Kangra District while Nanak Chand father of Wasakhi Ram went to Pathankot Town to do labour, on the evening of 30-3-1953 Nanak Chand seeing that neither Wasakht Ram nor the goats had returned went out in search of Wasakhi Ram along with others but was unable to find Wasakhi Ram or the goats.
(3.) Going to the police station Pathankot on 31-3-1953 Nanak Chand made the report, Exhibit P-A. Notices regarding the loss of Wasakhi Ram were sent to police stations Indara, Mukerian and Gurdaspur. In villages adjoining the place of occurrence proclamation was also made.