Judgment Baldev Singh, J. 1. Jagir Singh son of Ajit Singh, Chhinder Singh son of Ganga Singh, Balwinder Singh alias Pinder son of Mohan Singh and Kulwant Singh son of Balkar Singh (appellants), all residents of Village Khapar Kheri, Tehsil and District Amritsar, have filed this appeal against he impugned judgment of conviction and sentence order, both dated March 30, 1999, passed by Sh. Surjit Singh, the then Additional Sessions Judge, Amritsar, in case F.I.R. 183 dated October 10, 1997, under Sections 302 and 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as `the Code) registered at Police Station Sadar, Amritsar, vide which they were convicted under Section 302 of the Code, on four counts, for committing the murders of Charan Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur and under Section 323 of the Code for causing injuries to P.W. Jaskaran Singh and each of them was sentenced to undergo Imprisonment for life and to pay fine of Rs. 1,000/- and in default of payment of fine to undergo further R.I. for six months under Section 302 of the Code and to undergo R.I. for six months under Section 323 of the Code. The sentences were ordered to run concurrently. 2. Three co-accused, who were tried along with the appellants, namely, Jaspal Singh alias Maddi son of Bachan Singh, Didar Singh son of Bakhshish Singh and Chhinder Singh son of Dessa Singh, all residents of Village Khapar Kheri, Tehsil and District Amritsar, were acquitted of the charges framed against them under Sections 148, 302 and 307 of the Code. 3. The prayer made in this appeal is to set aside the impugned judgment of conviction and the sentence order by way of acceptance of this appeal and to acquit the appellants of the charges framed against them. 4. The facts of the prosecution case are that marriage of Satbir Singh son of P.W. Shamsher Singh was celebrated at Village Chhidan and P.W. Jagir Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur came to attend the same. After the marriage, P.W. Jagir Kaur remained at the house of P.W. Shamsher Singh while Tarlok Singh, Harpal Singh and Narinder Kaur returned to Village Thande. On October 10, 1997, P.W. Shamsher Singh went to Village Thande to leave his sister P.W. Jagir Kaur at her house. After the marriage, P.W. Jagir Kaur remained at the house of P.W. Shamsher Singh while Tarlok Singh, Harpal Singh and Narinder Kaur returned to Village Thande. On October 10, 1997, P.W. Shamsher Singh went to Village Thande to leave his sister P.W. Jagir Kaur at her house. They reached there at about 8.30 A.M. They knocked at the door of the house. Nobody responded. P.W. Shamsher Singh then scaled over the wall of the Courtyard and entered the house. He opened the door and saw that Charan Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur were lying murdered there. Charan Kaur (deceased) was the mother-in-law of P.W. Jagir Kaur. Tarlok Singh (deceased) was husband of P.W. Jagir Kaur. Harpal Singh (deceased) was son of P.W. Jagir Kaur. Narinder Kaur (deceased) was the wife of Harpal Singh (deceased). Two children of Harpal Singh (deceased), namely, Jaskaran Singh and Gursharan Kaur, then aged about 5 years and 2-1/2 years, respectively, were sitting by the side of the cot in a perturbed condition. Jaskaran Singh had injuries on his neck. Some unknown persons had murdered Charan Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur on the night intervening 9th/10th October, 1997. P.W. Shamsher Singh went to lodge report with the police. He met Dalbir Singh, Sub Inspector, at Bus Stand Fatehpur. His statement (Exhibit P.M.) was recorded. Endorsement (Exhibit P.M. /1) was made and this case was got registered. Exhibit P.M/2 is copy of the F.I.R. 5. P.W. 10 Dalbir Singh, Sub Inspector, reached the place of occurrence. He prepared inquest reports on the dead bodies, which are Exhibits P.C/2, P.E/4, P.F/5 and P.D/4, Injury statements were also prepared, which are Exhibits PE/3, P.E/5, P.17/4 and P.D/4. The dead bodies were sent through Head Constable Man Singh and Constables Lakhwinder Singh and Charanjit Singh for postmortem examinations. 6. Cut pieces of blood-stained twine were taken into possession vide recovery memo Exhibit P.H. the twine was sealed into a parcel. Blood-stained earth was picked up lying near the dead bodies. This was taken into possession vide recovery memos Exhibits P.H/1, P.G, P.B/2 and P.H/3. Site plan (Exhibit P.N) showing the place of occurrence was prepared. 7. On October 11, 1997, P.W. 1 Dr. Gurmanjit Rai conducted post mortem examination on the dead body of Charan Kaur. He had found the following injuries : "1. This was taken into possession vide recovery memos Exhibits P.H/1, P.G, P.B/2 and P.H/3. Site plan (Exhibit P.N) showing the place of occurrence was prepared. 7. On October 11, 1997, P.W. 1 Dr. Gurmanjit Rai conducted post mortem examination on the dead body of Charan Kaur. He had found the following injuries : "1. Incised stab wound 2.5 x 1 cm on right side of chest on its back, 22 cm below hip of shoulder. Clotted blood was present. 2. Incised stab wound 3 x 1 cm present on back of right side of chest 9 cm below injury No. 1. Clotted blood was present. 3. Incised stab wound 2 x 1 cm on front of left shoulder. Clotted blood present. 4. 2 incised stab wounds on front of middle of left upper arm 3 x 1 cm and 3 x 0.5 cm in size. Clotted blood present. 5. Two incised stab wounds 3 x 1 cm and 2.5 x 1 cm on upper part of left axilla and tip of axilla. Clotted blood present. 6. Incised stab wound 2 x 1 cm on inner aspect of left upper arm in its upper one third. Clotted blood present. 7. Incised stab wound 3 x 1 cm on front of left side of chest in the 7th intecostal space. Clotted blood present. 8. Incised stab wound on left side of front side of abdomen 10 cm above anterior superior aliac spine. Clotted blood present. 9. Two incised wounds 2 x 1 cm and 1.5 x 0.75 cm, on back of left hand index and ring fingers. Clotted blood present." 8. Probable time that elapsed between the injuries and death was within about few seconds and between death and post mortem examination was within 24 to 36 hours. Death, in the opinion of the Doctor, was due to shock and hemorrhage as a result of the injuries, which were sufficient to cause death in the ordinary course of nature. All the injuries were ante mortem in nature. Exhibit P.A. is copy of the post mortem report. Exhibit P.B. is the pictorial diagram showing the seats of the injuries. 9. On the same day i.e. October 11, 1997, P.W.1 Dr. Gurmanjit Rai had conducted the post mortem examination on the dead body of Harpal Singh. He had found the following injuries on his body : "1. Exhibit P.A. is copy of the post mortem report. Exhibit P.B. is the pictorial diagram showing the seats of the injuries. 9. On the same day i.e. October 11, 1997, P.W.1 Dr. Gurmanjit Rai had conducted the post mortem examination on the dead body of Harpal Singh. He had found the following injuries on his body : "1. Incised wound 6 x 1.5 cm on right side of forehead, 5 cm above eye brow. It was scalp deep. Clotted blood was present. 2. Incised wound 2 x 1 cm on right side of forehead, 2.5 cm above eye brow. Clotted blood was present. 3. Reddish brown abrasion 7 x 0.75 cm present on right side of neck obliquely placed. 4. Incised wound 1 x 0.3 cm on middle of forehead. It was skin deep. Clotted blood was present. 5. Incised stab wound 2.5 x 0.5 cm on right side of neck, just below lobule of ear. It was muscle deep. Clotted blood was present. 6. Incised wound 4 x 0.5 cm on left clavicle. It was vertically placed and skin deep. Clotted blood was present. 7. Incised stab wound 3 x 1 cm on left side of front of chest, 5 cm below sternal notch. On dissection left pleura and left lung were found injured and clotted blood was present in leural cavity. 8. 2 incised stab wound 0.75 x 0.5 cm and 0.5 x 0.4 cm on front of left shoulder muscle deep. Clotted blood was present. 9. Incised stab wound 3 x 1 cm on front of right side of chest, 7 cm above nipple at 2 Oclock position. Clotted blood was present. On dissection right pleura and right lung were found injured. Fluid and clotted blood was present in pleural cavity. 10. Incised stab wound 3 x I cm on front of right side of chest, 10 cm below nipple at 4 O Clock position. Clotted blood was present. 11. Incised stab wound 3 x 1 cm on right side of front of chest, 13 cm below nipple at 6 O Clock position. Clotted blood was present. On dissection both the injuries Nos. 10 and 11 were found piercing the lung and pleura. Clotted blood present. 12. Incised stab wound 3 x 1.5 cm on left anterior axillary fold. Muscle deep. 13. Clotted blood was present. On dissection both the injuries Nos. 10 and 11 were found piercing the lung and pleura. Clotted blood present. 12. Incised stab wound 3 x 1.5 cm on left anterior axillary fold. Muscle deep. 13. Three incised stab wound 2.5 x 1 cm, 3 x 1 cm and 3 x 1 cm on left side of front of chest, 7 and 9 cm below nipple at 5, 6 and 7 O Clock positions. Clotted blood present. 14. Incised stab wound 3 x 1 cm on left side of front of chest, 1.3 cm above amblicus at 2 O Clock position. Clotted blood present. On dissection left lung pleura and heart were found injured. Left pleural cavity contained about 600 cc fluid and clotted blood. 15. 2 x 1 cm incised stab wound on front of left side of abdomen, at 3 O Clock position to amblicus, 10 cm from amblicus. Clotted blood was present. 16. 3 x 1 cm incised stab wound on left side of chest in mid axillary line 23 cm below hip of axilla. Clotted blood present. On dissection of injuries Nos. 15 and 16, peritoneum, spleen and intestines were found injured. Clotted blood present. 17. 0.5 x 0.4 cm and 0.3 x 0.2 cm incised stab wound on front of left side of chest, 2 cm below injury No. 13. It was muscle deep. Clotted blood present. 18. Reddish brown abrasion 5 x 1 cm on back of left upper arm in its middle. 19. Incised wound 2 x 1 cm with tailing of wound on back of left upper arm in its lower one third. Clotted blood present. It was muscle deep. 20. Incised stab wound 1 x 0.5 cm on back of left hand. Clotted blood present. 21. Incised wound 3 x 1 cm on palm of left hand. It was muscle deep. Clotted blood present. 22. Incised wound 2 x 1 cm on front of left thigh in its middle. Muscle deep. Clotted blood present. 23. Incised chop wound 6x3 cm on front of left knee. Patella was found cut fractured. Clotted blood present. 24. Incised would 3 x 1 cm and 3 x 1.5 cm on front of left thigh in its lower one third. Clotted blood present. It was muscle deep. 25. Incised wound 1 x 0.5 cm on front of right knee. It was skin deep. Patella was found cut fractured. Clotted blood present. 24. Incised would 3 x 1 cm and 3 x 1.5 cm on front of left thigh in its lower one third. Clotted blood present. It was muscle deep. 25. Incised wound 1 x 0.5 cm on front of right knee. It was skin deep. Clotted blood present. 26. Incised stab wound 2 x 1 cm on right aliac region. It was muscle deep. Clotted blood present. 27. Two incised stab wound 2 x 1 cm and 1.5x1 cm on the right side of front of abdomen in aliac region and at 6 O Clock and 8 O Clock position to amblicus. Peritoneum was found cut. Clotted blood present. 28. Incised stab wound 2.5 x 1.5 cm on the right side of trunk, 7 cm above anterior superior aliac spine. Clotted blood present. It was muscle deep." 10. Probable time that elapsed between the injuries and death was within about few seconds and between death and post mortem examination was within 24 to 36 hours. Death, in the opinion of the Doctor, was due to shock and haemorrhage as a result of the injuries, which were sufficient to cause death in the ordinary course of nature. All the injuries were ante mortem in nature. Exhibit RD is copy of the post mortem report. Exhibit P.D/3 is the pictorial diagram showing the seats of the injuries. 11. On the same day i.e. October 11, 1997, P.W. 1 Dr. Gurmanjit Rai had conducted the post mortem examination on the dead body of Tarlok Singh. He had found the following injuries on his body : "1. Incised wound 3 x 1 cm on right side of face in the middle of chest. It was muscle deep. Clotted blood present. 2. Incised stab wound 3 x 1 cm on epigestic region of abdomen. Omentum was coming out of wound. Stomach was found injured. Clotted blood present. 3. Incised stab wound 3 cm x 1 cm on left side of abdomen, 3 cm above injury No. 2. Clotted blood present. 4. Incised stab wound 3 cm x 1 cm on right side of front of abdomen at 9 O Clock position to amblicus. Clotted blood present. On dissection, liver, peritoneum and large intestines were found injured. Penitential cavity was having about 1100 cc of fluid and clotted blood mixed with cyyme. 5. Clotted blood present. 4. Incised stab wound 3 cm x 1 cm on right side of front of abdomen at 9 O Clock position to amblicus. Clotted blood present. On dissection, liver, peritoneum and large intestines were found injured. Penitential cavity was having about 1100 cc of fluid and clotted blood mixed with cyyme. 5. Incised wound 5 x 2 cm on back of left thumb. Muscle deep. Clotted blood was present. 6. Incised stab wound 2 x 1 cm and 1.5 x 1 cm on back of left side of chest of scapular region. Clotted blood present. Muscle deep. 7. 2 Incised stab wounds 3 x 1 and 3 x 1.5 cm on inner aspect of left side of chest in front of axillary tip. Clotted blood present. 8. Incised wound 3 x 1 cm and 3.1 x 5 cm on back of left upper arm. They were muscle deep. Clotted blood present. 9. 4 Incised stab wounds present on inner aspect of right thigh and right buttock opposite to testicles. They were muscle deep. Their size vary from 3 x 1 cm to 2.5 x 1 cm. 10. Incised wound 3.5 x 1 cm on the palm of left hand, muscle deep. Clotted blood present. 11. Incised wound x 1.5 cm on left side of back, 2 cm below ear lobule. Clotted blood present and it was muscle deep. 12. Incised wound 2.5 x 1 cm on right wrist on its back. Skin deep. Clotted blood present. 13. 3 incised stab wounds on back of left thigh and left buttock in its upper one third. Their size vary from 3 x 1 cm to 2.5 cm x 1 cm. Clotted blood was present and they were muscle deep." 12. Probable time that elapsed between the injuries and death was within about few seconds and between death and post mortem examination was within 24 to 36 hours. Death, in the opinion of the Doctor, was due to shock and haemorrhage as a result of the injuries, which were sufficient to cause death in the ordinary course of nature. All the injuries were ante mortem in nature. Exhibit RE is copy of the post mortem report. Exhibit P.E/1 is the pictorial diagram showing the seats of the injuries. 13. On the same day i.e. October 11, 1997, P.W. 1 Dr. All the injuries were ante mortem in nature. Exhibit RE is copy of the post mortem report. Exhibit P.E/1 is the pictorial diagram showing the seats of the injuries. 13. On the same day i.e. October 11, 1997, P.W. 1 Dr. Gurmanjit Rai had conducted the post mortem examination on the dead body of Narinder Kaur. He had found the following injuries on her body : "1. Incised stab wound about 0.75 x 05 cm on back of chest left side in the infrascapular region. It was muscle deep. Clotted blood present. 2. Incised wound 4 x 2 cm on left side of forehead, scalp deep. Clotted blood present. 3. Incised wound 0.5 x 0.3 cm on right side of forehead. Scalp deep. Clotted blood present. 4. Incised stab wound 3 x 1 cm on right side of front of chest, 8 cm above nipple at 1 O Clock position. On dissection right pleura and right upper lobe of lung was found injured. Right pleural cavity was having about 900 cc of fluid blood. Lung found collapsed. 5. Incised stab wound 0.5 x 0.3 cm on front of left upper-arm. Muscle deep. Clotted blood present. 6. Incised stab wound 2.5 x 1 cm on front of left side of abdomen in apigestic region. Clotted blood present. On dissection omentum and spleen were found injured. Peritonial cavity was having about 400 cc of fluid blood. 7. Reddish brown abrasion 2 x 5 cm 1 cm on right aliac region of abdomen. 8. Incised stab wound 3 x 1 cm on back of right shoulder. It was muscle deep. Clotted blood present. 9. Three reddish brown abrasions on back of right shoulder in its middle. 10. Incised stab wound 3 x 1 cm on back of right buttock muscle deep. Clotted blood present. 11. Incised wound 2 x 1 cm on back of right buttock muscle deep. Clotted blood present. 12. Incised wound 6 x 1 cm on front of right knee and right leg vertically placed. 13. Incised stab wounds on left side of chest in mid axillary line 3 x 1 cm to 2.5 x 1 cm in size. Clotted blood was present. On dissection left pleura and left lung were found injured. Left pleural cavity was having about 200 cc of fluid blood. Stomach was having about 200 cc of semi digested food." 14. 13. Incised stab wounds on left side of chest in mid axillary line 3 x 1 cm to 2.5 x 1 cm in size. Clotted blood was present. On dissection left pleura and left lung were found injured. Left pleural cavity was having about 200 cc of fluid blood. Stomach was having about 200 cc of semi digested food." 14. Probable time that elapsed between the injuries and death was within about few seconds and between death and post mortem examination was within 24 to 36 hours. Death, in the opinion of the Doctor, was due to shock and haemorrhage as i result of the injuries, which were sufficient to cause death in the ordinary course of nature. All the injuries were ante mortem in nature. Exhibit P.F is copy of the post mortem report. Exhibit P.F/1 is the pictorial diagram showing the seats of the injuries. 15. After post-mortem examinations, the belongings of the deceased were taken into possession vide separate recovery memos on October 11, 1997, by P.W.10 Sub Inspector Dalbir Singh. 16. Statements of P.W. 3 Jagir Kaur, P.W. 7 Waryam Singh son of Santokh Singh and P.W.8 Waryam Singh son of Harbans Singh were recorded. 17. P.W. 15 Dr. Rattanjit Singh on October 10, 1997, at 4.05 P.M. had medically examined P.W. Jaskaran Singh and had found the following injuries on his body: "1. An abrasion 6 x 2 cm on the front side of neck in the middle from left to right. 2. Redness of left eye was present." 18. Both the injuries were simple in nature. These were found to have been caused with a blunt weapon. Exhibit RT is copy of the medico-legal report. 19. P.W. 14 Harbans Singh, Sub Inspector, partly investigated this case. He joined with him P.W. 13 Head Constable Baldev Singh. On June 12, 1998, Chhinder Singh son of Ganga Singh (appellant) was interrogated by Harbans Singh, Sub Inspector, in the presence of Baldev Singh and Kulwant Singh, Head Constables. He disclosed that he had kept concealed a right of gold and one knife in a trunk in his residential room. He offered to get them recovered. His disclosure statement (Exhibit P.S) was reduced into writing. He then got recovered ring (Exhibit P.1) and knife (Exhibit P.26). These were taken into consideration vide recovery memo Exhibit P.S/1. Sketch (Exhibit P.S/2) of the knife was prepared. He offered to get them recovered. His disclosure statement (Exhibit P.S) was reduced into writing. He then got recovered ring (Exhibit P.1) and knife (Exhibit P.26). These were taken into consideration vide recovery memo Exhibit P.S/1. Sketch (Exhibit P.S/2) of the knife was prepared. Site plan (Exhibit P.S/3) was prepared showing the place of recovery. 20. On June 12, 1998, Harbans Singh, Sub Inspector, also interrogated Jaspal Singh alias Maddi (acquitted co-accused). He disclosed that had kept concealed one pant, one shirt and one knife in a trunk in his residential house. He offered to get them recovered. His disclosure statement (Exhibit P. S/4) was reduced into writing. He then got recovered pant (Exhibit P.5), shirt (Exhibit P. 6) and knife (Exhibit P. 27). These were taken into possession vide recovery memo Exhibit P. S/5. Sketch of the knife is Exhibit P.S/6. Exhibit P.S/7 is the site plan showing the place of recovery. 21. On June 12, 1998, Balwinder Singh (appellant) was interrogated by Harbans Singh, Sub Inspector. He disclosed that he had kept concealed a knife and a watch in a trunk in his residential house. He offered to get them recovered. His disclosure statement (Exhibit P.S/8) was reduced into writing. He then got recovered watch (Exhibit P.2) and knife (Exhibit P.28) from the disclosed place. These were taken into possession vide recovery memo Exhibit P.S/9. Sketch of the knife is Exhibit P.S/10. Exhibit RS/11 is the site plan showing the place of recovery. 22. On June 14, 1998, Harbans Singh, Sub Inspector, interrogated Chhinder Singh son of Dessa Singh (acquitted co-accused). He disclosed that he had kept concealed a knife `Salwar and a shirt in a trunk in his house. He offered to get them recovered. His disclosure statement (Exhibit P.R) was reduced into writing. He then got recovered knife (Exhibit P.20), `Salwar (Exhibit P.21) and shirt (Exhibit P.22). These were taken into possession vide recovery memo Exhibit P.R/1. Sketch of the knife is Exhibit P.R/2. Site plan showing the place of recovery is Exhibit P.S/12. 23. On June 14, 1998, Harbans Singh, Sub Inspector, also interrogated Didar Singh (acquitted co-accused). He disclosed that he had kept concealed a knife in a trunk in his house. He offered to get it recovered. His disclosure statement (Exhibit P.R/3) was reduced into writing. He then got recovered knife (Exhibit P.23), which was taken into possession vide recovery memo Exhibit P.R/4. He disclosed that he had kept concealed a knife in a trunk in his house. He offered to get it recovered. His disclosure statement (Exhibit P.R/3) was reduced into writing. He then got recovered knife (Exhibit P.23), which was taken into possession vide recovery memo Exhibit P.R/4. Exhibit P.R/5 is the sketch of the knife. Exhibit P.S/13 is the site plan showing the place of recovery. 24. On June 14, 1998, Harbans Singh, Sub Inspector, also interrogated Jagir Singh (appellant). He disclosed that he had kept concealed one knife in his residential house. He offered to get it recovered. His disclosure statement (Exhibit P.R/6) was reduced into writing. He then got recovered knife (Exhibit P.24). Its sketch (Exhibit P.R/8) was prepared. It was taken into possession vide recovery memo Exhibit P. R/7. Exhibit P.S/14 is the site plan showing the place of recovery. 25. Harbans Singh, Sub Inspector on June 14, 1998 interrogated Kulwant Singh (appellant). He disclosed that he had kept concealed a knife in his house. He offered to get it recovered. His disclosure statement (Exhibit P.R/9) was reduced into writing. He then got recovered knife (Exhibit P.25). It was taken into possession vide recovery memo (Exhibit PR/10). Sketch of the knife is Exhibit P.R/11. Site plan showing the place of recovery is Exhibit P.S/15. 26. The twine, the parcels of blood-stained earth and the clothes of the deceased were sent to the Chemical Examiner for test. Vide report Exhibit P.T. blood was found on them. Their pieces were sent to the Serologist, Government of India. That report has, however, not been filed by the prosecution. 27. On completion of the investigation, Balkar Singh, the then Station House Officer of Police Station Sadar, Amritsar prepared challan and presented it in the Court. 28. The case was committed to the Court of Session for trial. The charge was framed against the appellants and others for the offences punishable under Sections 148, 302 and 307 of the Code. They did not plead guilty to the charge and claimed trial. 29. The prosecution, at the trial, examined seventeen witnesses, namely. P.W.1 Dr. 28. The case was committed to the Court of Session for trial. The charge was framed against the appellants and others for the offences punishable under Sections 148, 302 and 307 of the Code. They did not plead guilty to the charge and claimed trial. 29. The prosecution, at the trial, examined seventeen witnesses, namely. P.W.1 Dr. Gurmanjit Rai, P.W.2 Head Constable Man Singh, P.W. 3 Jagir Singh, P.W.4 Bir Singh, P.W. 5 Head Constable Naresh Kumar, P.W.6 Rishi Ram, Draftsman, P.W.7 Waryam Singh son of Santokh Singh, P.W.8 Waryam Singh son of Harbans Singh, P.W.9 Head Constable Mukesh Kumar, P.W. 10 Sub Inspector Dalbir Singh, P.W. 11 Constable Ajmer Singh, PW 12 Constable Farjand Lal, P.W. 13 Head Constable Baldev Singh, P.W. 14 Sub Inspector Harbans Singh, P.W. 15 Dr. Rattan Jit Singh, P.W. 16 Shamsher Singh and P.W. 17 Jaskaran Singh. 30. Statements of the appellants were recorded on the conclusion of the prosecution evidence under Section 313 of the Code of Criminal Procedure. They denied the prosecution allegations and complained of their false implicity in this case. They, however, adduced no evidence in defence. 31. Arguments of the Ld. counsel for the appellants and of the Additional Advocate General, Punjab, were heard and the evidence was scrutinised with their help. 32. The solitary witness, who allegedly saw the murders of Charan Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur being committed, is P.W. 17 Jaskaran Singh. He was then aged about five years. He deposed that his father, mother and grand-father were killed by accused Jagir Singh, Kulwant Singh and Chhinder Singh. He had pointed out towards these accused stating that they had killed his father, mother and grand-father. He further deposed that they were armed with daggers. His grand-father was sleeping in the Court-yard whereas his parents were sleeping with him in the room. P.W. 17 Jaskaran Singh, while making deposition, pointed out towards Jagir Singh (appellant) that he had pressed his neck. No implicit reliance can be placed on his testimony to convict the appellants. His statement was recorded in the trial Court on March 5,1999. The occurrence had taken place on the night intervening 9th/10th October, 1997. He deposed that `about one year ago, the season was as the present season as it is today. Again he deposed in cross-examination that a week contains 12 days, a month contains 365 days. His statement was recorded in the trial Court on March 5,1999. The occurrence had taken place on the night intervening 9th/10th October, 1997. He deposed that `about one year ago, the season was as the present season as it is today. Again he deposed in cross-examination that a week contains 12 days, a month contains 365 days. He then added that it contains 12 days. He admitted in cross-examination that he had been tutored by his grand-mother, who accompanied him to the Court. He deposed that he did not know the names of the accused and he had never seen them earlier. He added that he had seen them for the first time that day in the Court i.e. on the day his deposition was recorded. His evidence is not corroborated by any other witness. The appellants and other persons, who were acquitted, were never got identified from him by the police by holding test identification parade. Identification in the Court is valueless. In the case of Kanan and others v. State of Kerala, AIR 1979 Supreme Court 1127, it was observed by the Apex Court that where a witness identifies an accused who is not known to him in the Court for the first time. His evidence is absolutely valueless unless there has been a previous test identification parade to test powers of observation. The idea of holding test identification prade under Section 9 of the Evidence Act is to test the veracity of the witness on the question of capability to identify an unknown person whom the witness may have seen only once. If no test identification parade is held then it will be wholly unsafe to rely on his bare testimony regarding the identification of an accused for the first time in Court. Apart from it, P.W. 17 Jaskaran Singh is a tutored witness and the evidence of a child witness under in Vuence of tutoring, cannot be safely relied upon to convict the accused. The case of Chhagan Dame v. The State of Gujarat, 1994 CH. L.J. 56 is referred in this regard. This is one aspect of the case. 33. There was no motive with the appellants to commit the heinous murders of four members of a family, namely, Charan Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur and to cause injuries to a child aged about five years, namely, Jaskaran Singh. L.J. 56 is referred in this regard. This is one aspect of the case. 33. There was no motive with the appellants to commit the heinous murders of four members of a family, namely, Charan Kaur, Tarlok Singh, Harpal Singh and Narinder Kaur and to cause injuries to a child aged about five years, namely, Jaskaran Singh. The motive behind a crime is a relevant fact of which evidence can be given. The absence of a motive is also a circumstance which is relevant for assessing the evidence. In this case, the direct evidence of RW 17 Jaskaran Singh is very shaky. It is hazardous to act upon him to base conviction of the appellants. The other circumstantial evidence i.e. recoveries of knives, clothes and ornaments from the appellants and from the co-accused, who were acquitted, is not dependable for convicting the appellants. The law is well-settled that in a case depending on circumstantial evidence, the existence or absence of motive is an important factor to be taken into consideration and if it is found that the accused had no motive to commit the offence, the evidence bearing on his guilt has to be examined with great care before its acceptance. So, in this case there is no clinching and reliable evidence and absence of motive makes the prosecution version highly doubtful. 34. The knives which were allegedly recovered from the appellants and the acquitted accused in pursuance of their disclosure statements were not sent to the Chemical Examiner for test. So, it is not proved that they were blood stained. On the clothes, as per report of the Chemical Examiner, blood was found. But it is not proved that it was human blood. Pieces therefrom were sent to the Serologist, Government of India, but no report of the Serologist has been produced. 35. Regarding recoveries, these were allegedly effected on June 12 and June 14, 1998. Occurrence had taken place on the night intervening 9th/10th October, 1997. So, it is highly improbable that the appellants would keep the incriminating articles concealed for about eight months to be recovered by the police for their implicity in this case. The ring, wrist watch and other articles allegedly recovered from the appellants were not got identified from the prosecution witnesses, who were supposed to identify them. By holding test identification. There is no evidence to connect the recovered articles with the deceased. The ring, wrist watch and other articles allegedly recovered from the appellants were not got identified from the prosecution witnesses, who were supposed to identify them. By holding test identification. There is no evidence to connect the recovered articles with the deceased. No memo of identification was prepared. P.W. Jagir Kaur stated that the ring was of Harpal Singh (deceased) and the wrist watch was of Tarlok Singh (deceased). These were not got identified from her by mixing the ring and wrist watch with other rings and wrist watches of the same pattern. It is highly improbable that the appellants would commit murders for just a ring and a wrist watch and would then preserve these articles and the knives used by them in the commission of the offence. All these recoveries were effected on June 12 and June 14, 1998. This is nothing but a padding done by the prosecution. The trial Court laid undue emphasis on these recoveries to connect the appellants with the offences alleged to have been committed by them. 36. After a careful appraisal of the evidence, we conclude that the evidence produced by the prosecution was not reliable and credible to secure conviction of the appellants. This appeal is, therefore, allowed. The impugned judgment of conviction and the sentence order, both dated March 30, 1999, are set aside and the appellants are acquitted of the charges framed against them.