(1.) The two appellants were brought to trial before the Court of Sessions at Jullundur under charges of murder and destroying evidence in order to screen themselves from legal punishment. Harbinder Singh and Gurdev Kaur stand convicted under Section 302 read with Section 34, Indian Penal Code and under Section 201, Indian Penal Code and they been sentenced to life imprisonment and a fine of Rs. 500/- each under the first count and 3 years R.I. and a fine of Rs. 500/- each under the second count with the direction that the substantive sentences so awarded to them shall run concurrently. Both of them have challenged their convictions and sentences in this appeal.
(2.) The victim of the crime is Sadhu Singh deceased who was married to Gurdev Kaur accused. The deceased and the accused Gurdev Kaur were not on good terms with each other. Harbinder Singh accused was employed as a servant with Sadhu Singh deceased. He had developed intimacy with Gurdev Kaur accused.
(3.) The prosecution case herein has no eyewitness of the occurrence and rests entirely on circumstantial evidence. It emerges therefrom that on the night intervening 19/20.7. 1985, Rattan Singh P.W. who was residing in his dera at a distance of about 6/7 Killas from that of the deceased, heard alarm at about mid night. Harbinder Singh accused informed Rattan Singh that Sadhu Singh deceased was electrocuted and fell into the well and had died. Rattan Singh went to the spot and in the meantime, Joginder Singh, Malkiat Singh, lit Singh and Mohinder Singh also reached there. Joginder Singh flashed his torch and saw Sadhu Singh lying dead in the well, which was dried at that time. Rattan Singh sent for Faqir Singh father-in-law of the deceased through Harbinder Singh accused and Mohinder Singh P.W. Faqir Singh and his son came to the spot at about 3 a.m. and the dead body was taken out from the well with the help of rope. Rattan Singh noticed little finger of left hand and thumb of right hand of the deceased having been tied with some wires and he had one injury on the left cheek. The dead body was placed on the cot and cremated at 5 p.m. in the presence of the mother of the deceased. It is alleged that Smt. Amar Kaur sister of Sadhu Singh deceased suspecting foul play at the hands of the accused party, lodged F.I.R. Ex. P8 on f29th July, 1985 at 5.30 p.m. at Police Station Shahkot which was recorded by Sub Inspector Naranjan Singh. It was alleged. In the F.I.R. that Gurdev Kaur accused in connivance with her servant Harbinder Singh had murdered her brother Sadhu Singh by throwing him into the well anti they got his dead body cremated in hasty manner by destroying evidence in order to screen themse. Ives from legal punishment on the same day, Sub Inspector Naranjan Singh went to the spot and prepared its visual plan Ex. PC. On 30th July, 1985, both the accused approached Rattan Singh at his dera. Gurdev Kaur accused disclosed before Rattan Singh that she caught hold of the deceased from his long hair whereas Harbinder Singh wrapped electric wire on the little finger of the left hand and thumb of the right hand of the deceased and the electric wires which were fitted in a plug were switched on Harbidner Singh accused also made similar statement before Rattan Singh. On 8th August, 1985, Sub-Inspector Naranjan Singh interrogated Harbinder Singh accused in the presence of Prem Singh Sarpanch and Chamba Singh Assistant Sub-Inspector and he suffered disclosure statement Ex P.D. leading to the recovery of a string of nylon, a string of coconut and one shawl from the specified place of concealment. The Sub-Inspector then interrogated Gurdev Kaur accused and she got recovered wires of two different colours from the court-yard of her house. Both these accused pointed out the cremation ground, from where the bones and ashes were taken into possession by the Investigating Officer.