JUDGMENT Nawab Singh, J 1. The accused-appellants, above mentioned were tried by learned Sessions Judge, Jalandhar for the offences punishable under Sections 302 read with Section 34, 392 and 404 of Indian Penal Code (for short 'the IPC'). They were convicted and sentenced by judgment of conviction and order of sentence dated May 19, 2000 as under :- S.No. Offence Sentence Fine In Default 1. U/S 302/34 IPC life imprisonment 5000/- Six months 2. U/S 392 IPC Five years 2000/- Three months 3. U/S 404 IPC One year 1000/- Three months The sentences passed on all the counts were ordered to run concurrently. 2. The accused-appellants preferred the appeal. 3. On February 27, 1997, Varun Bhagi (deceased) aged 18-19 years, student of 10+2 left his house at 7.30 P.M in car bearing No.PB-08-Q-1998 owned by his father Onkar Bhagi (PW-3) to collect the clothes from Vijay Dry Cleaners, New Jawahar Nagar, Jalandhar. He did not return. The family waited for him upto 9.30 P.M. A search was made but he was not traced. Onkar Bhagi lodged the report with the police of Police Station Division No.6, Jalandhar. The Daily Diary Report No. 34 (Exhibit DA) was recorded. 4. Next day, that is, February 28, 1997 at about 9 A.M., Onkar Bhagi received information that the dead body of a young boy was lying on the Railway track near PAP Over Bridge, Jalandhar. On receipt of the information, he along with Gokal Chand and Parvart Bhagi reached on the Railway track and found that the dead body was of Varun Bhagi. Police was already present on the spot. Onkar Bhagi's statement (Exhibit PC) was recorded by Joginder Singh, Assistant Sub-Inspector (PW-15). Joginder Singh, ASI appended his endorsement (Exhibit PC/1) on the statement (Exhibit PC) and sent the same to Police Station. On the basis of the information sent by Joginder Singh, formal First Information Report (Exhibit PC/2) was recorded in Police Station GRP, Jalandhar. Inquest proceedings (Exhibit PD) were conducted. Dead body was sent to Civil Hospital, Jalanadhar for autopsy. After post-mortem, clothes of the deceased were handed over to Joginder Singh by the Medical Officer which were taken into possession vide seizure memorandum (Exhibit PU). 5. On March 19, 1997, a Police party headed by Kulwinder Singh Head-Constable (PW13) was present at Sewerage Chowk, Jalandhar in connection with general checking of vehicles. A white Maruti Car without number plate came. 5. On March 19, 1997, a Police party headed by Kulwinder Singh Head-Constable (PW13) was present at Sewerage Chowk, Jalandhar in connection with general checking of vehicles. A white Maruti Car without number plate came. Two persons were travelling in the said car. The car was stopped. The person who was on the steering wheel of the car disclosed his name to be Harjinder Singh and the other person sitting by the side of Harjinder Singh disclosed his name to be Vinod Kumar Mishra (both the accused). The person who was on the steering wheel also handed over the registration certificate of the car to Kulwinder Singh. Immediately, thereafter, the two car borne persons managed their escape. Kulwinder Singh chased but could not apprehend them. An information was sent to the control room. Wazir Singh, Station House Officer, reached Sewerage Chowk. Documents of the car were handed over to Wazir Singh which were taken into possession vide memorandum (Exhibit PS). 6. On the same day i.e. March 19,1997 Harjinder Singh and Vinod Kumar Mishra went to the house of Surinder Singh Kataria (PW8) and made extra judicial confession. The gist of that is as under :- “Harjinder Singh was having love affair with a girl named Dapinder Kaur of his locality. On one occasion, he (Harjinder Singh) was seen with his girl friend in the market of Model Town, Jalandhar by the deceased. He (Harjinder Singh-accused) apprehended that deceased being a smart boy may win over his lady love. He (Harjinder Singh-accused) hatched a conspiracy with his friend Vinod Kumar Mishra (accused) to eliminate Varun Bhagi. On March 27,1997, that is, on the date of occurrence, both of them notices deceased proceeding in his car No.PB-08-Q-1998. They got the car stopped near Shangrila Hotel and asked the deceased as to why was he teasing the girls. Varun Bhagi (deceased) pleaded that he never teased any girl then accused Harjinder Singh entered the car and occupied driver's seat. He was driving while the deceased was sitting in the front seat. Accused had represented that he will confront the deceased with the girl. The car was steered towards Guru Nanak Mission Chowk. Vinod Kumar Mishra joined them at that point of time at the said Chowk. They moved towards the City. He was driving while the deceased was sitting in the front seat. Accused had represented that he will confront the deceased with the girl. The car was steered towards Guru Nanak Mission Chowk. Vinod Kumar Mishra joined them at that point of time at the said Chowk. They moved towards the City. Harjinder Singh handed over his belt to Vinod Kumar Mishra, which the latter put around the neck of the deceased and he was strangulated. He lost consciousness. When the car reached near International Hotel, Varun Bhagi (deceased) regained consciousness and he was again strangulated with the belt by the accused and he died. The car was taken towards the PAP bridge. From the bridge, the date body of Varun Bhagi was thrown on the railway track. Both the accused then roamed about in the car for sometime. On March 19,1997 when they reached Sewerage Chowk, Jalandhar, a Police Naka Party stopped their car, enquired about their names and particulars and demanded the documents of the car. The names were disclosed by them and the papers of the car were handed over to the Police but then they sped off.” 7. The accused were arrested, after search and raid on March 20,1997. Onkar Bhagi, Jagdish Mitter Bhatara and Surinder Singh Kataria PWs 3, 5 and 8 respectively, had been joined in the Police Party, which also had amongst its member Gurtek Singh Constable. Said Constable identified Harjinder Singh as the person whose car was checked on March 19,1997 and had made good his escape with his companion Vinod Kumar Mishra accused. At that time, Harjinder Singh was wearing the shoes of the deceased, which were identified by Onkar Bhagi (PW3). A diary belonging to the deceased was also recovered from the pocket of the accused and it was also identified by the father of the deceased. Shoes and diary were taken into possession vide seizure memorandum (Exhibit PG). 8. House of accused Vinod Kumar Mishra in Sewerage Staff Colony was raided and he was arrested and he was likewise identified by Gurtek Singh Constable. Wallet of black colour belonging to the deceased, containing visiting cards of D.K.Apparels, a photograph of the deceased was recovered from the pocket of his trousers. Onkar Bhagi identified the articles. Both the articles were taken into possession vide seizure memorandum (Exhibit PJ). 9. Wallet of black colour belonging to the deceased, containing visiting cards of D.K.Apparels, a photograph of the deceased was recovered from the pocket of his trousers. Onkar Bhagi identified the articles. Both the articles were taken into possession vide seizure memorandum (Exhibit PJ). 9. On March 22, 1997 Harjinder Singh accused was interrogated by Wazir Singh Sub Inspector (PW17) in the presence of Surjit Singh and Gurdev Singh Assistant Sub Inspector. On interrogation, he made disclosure statement (Exhibit PK/1) that he had kept concealed stereo system in the cremation ground near Garden Colony, Jalandhar and could get the same recovered. 10. In pursuance of the disclosure statement (Exhibit PK/1), the accused led the Police Party to the disclosed place and got recovered the stereo system (Exhibit P7). Sketch of the stereo system was drawn. The stereo system was taken into possession vide recovery memorandum (Exhibit PK). 11. On the same day, that is, March 22, 1997 Vinod Kumar Mishra accused was also interrogated. He made disclosure statement (Exhibit PL/1) that he had kept concealed jean and number plate of car No.PB-08Q-1998 in the cremation ground near Garden Colony, Jalandhar and could get the same recovered. Vinod Kumar Mishra accused led the Police Party to the disclosed place and got recovered the jean and number plate of the car which were taken into possession vide seizure memorandum (Exhibit PL/2). 12. After completion of the investigation and other formalities, the accused-appellants were sent up for trial. 13. Charge, in respect of commission of offence punishable under Sections 302/34, 392 and 404 IPC, was framed against the appellants. They pleaded not guilty and claimed trial. 14. In support of its case, prosecution examined 18 witnesses viz. Head Constable Lakhwinder Singh (PW1), Constable Nirmal Singh (PW2), Onkar Bhagi (PW3), Mohan Lal Inspector (PW4), Jagdish Mitter Bhatara (PW5), Sunil Kumar (PW7), Surinder Singh Kataria (PW8), Varinder Singh (PW9), Rajinder Singh (PW10), Sub Inspector Nirmal Singh (PW11), Moharrir Head Constable Saudagar Singh (PW12), Head Constable Kulvinder Singh (PW13), Head Constable Narinder Kumar (PW14), Assistant Sub Inspector Joginder Singh (PW15), Head Constable Balvinder Singh (PW16), Sub Inspector Wazir Singh (PW17) and Sub Inspector Surjit Singh PW18). 15. In their examination recorded under Section 313 of the Code of Criminal Procedure, the appellants denied the allegations and pleaded that they were falsely implicated. In defence, they examined Surjit Singh Head Constable as DW1. 16. 15. In their examination recorded under Section 313 of the Code of Criminal Procedure, the appellants denied the allegations and pleaded that they were falsely implicated. In defence, they examined Surjit Singh Head Constable as DW1. 16. Learned counsel for the appellants has argued that no eye witness account is available in the case which depends on circumstantial evidence. There must be a complete chain of circumstances pointing to the guilt of the appellants and there should be no gap nor circumstance as can be suggestive of the innocence of the accused. That the recoveries in this case are unnatural. The articles had been planted, motive places an important role but prosecution has failed to establish one. 17. This Court is alive to the proposition that where the case is based upon circumstantial evidence, such evidence must be complete like a chain where not a single link is missing and the circumstances taken together must point out to the guilt of the accused and there should not be anything which points towards innocence of the accused. Evidence and circumstances of a case have to be taken into consideration. To start with motive always plays an important role in the commission of crime but it remains embedded in the mind of the accused which none else can enter. Different human beings react differently. There can be one who may commit murder over a paltry sum or out of a small apprehension of his own making while there may be another who has fortitude to endure a huge loss caused by him adversely and may not react at all. Motive then has to be viewed from another angle. There could be no reason for the witnesses, even for the father of the deceased and all the police officials to falsely implicate the accused. 18. Harjinder Singh was wearing the shoes of the deceased at the time of arrest. Diary of the deceased was recovered from his pocket. Wallet of the deceased containing his photograph and his visiting cards were recovered from Vinod Kumar Mishra accused. The evidence of recoveries and identification of the articles by the father of the deceased is without any material discrepancy. Why should the evidence be looked at with suspicion. Diary of the deceased was recovered from his pocket. Wallet of the deceased containing his photograph and his visiting cards were recovered from Vinod Kumar Mishra accused. The evidence of recoveries and identification of the articles by the father of the deceased is without any material discrepancy. Why should the evidence be looked at with suspicion. There is no rule of law or even prudence to make it necessary for a Court of law to look upon the evidence with a presumption that it is false. Ordinarily a culprit would not keep with him belongings of the deceased lest it becomes evidence against him. Again, it will depend on the mental make up of the accused. The appellants before the Court are of young age. There is no history of crime in the past and they are novices in the world of crime. Such persons can keep the belongings of the deceased and if articles are recovered, particularly soon after the date of crime as is the case here, there shall be no good reason to brand the recoveries as having been planted or fabricated. The memorandums of seizure and identification were then prepared promptly and without loosing time which further removes the doubts. 19. There are then recoveries of the number plate of the car, its stereo system from accused Vinod Kumar Mishra and Harjinder Singh respectively. The evidence again is consistent and without blemish. If these recoveries were to be branded to be as planted, the number plate and stereo system must have been removed from the car and then planted on the accused. Why the Investigator should go to that length. After all, he had no enmity against the accused and no particular connection with the complainant so as to be motivated to fabricate things beyond limits. The recoveries of these articles stand established and proved. The arguments raised about the recovery of personal belongings of the deceased are simply not available to the appellants regarding the number plate and the stereo system. 20. The matter does not rest here. The accused were moving in the car on March 19, 1997, which was stopped by the Naka party. Documents were handed over and the names were disclosed by both the accused to Constable Gurtek Singh but they then sped away making good their escape. 20. The matter does not rest here. The accused were moving in the car on March 19, 1997, which was stopped by the Naka party. Documents were handed over and the names were disclosed by both the accused to Constable Gurtek Singh but they then sped away making good their escape. Gurtek Singh has not been examined but another member of the Naka party namely Kulwinder Singh Head Constable (PW13) has been examined and deposed about the fact. His statement is not hearsay. He has narrated what actually happened in his presence. The documents of the car were handed over to Gurtek Singh by none other than the accused. If the accused were innocent, there could be no reason for them to speed off. Their act is a clear and strong manifestation of their guilty mind. Kulwinder Singh PW13 has added specially that the persons in the car were both the accused Harjinder Singh and Vinod Kumar Mishra. 21. There was motive as Harjinder Singh apprehended that he may loose his lady love to the deceased. Varun Bhagi was strangulated to death. There is impeachable evidence that death was due to strangulation. Belongings of the deceased, that is, shoes, diary and wallet were recovered from the accused. The number plate and stereo system of the car were got recovered by the accused. They sped away when their car was stopped by the Naka party on March 19, 1997 betraying their guilty mind. 22. In addition to this, there is also the extra judicial confession made by the accused before Surinder Singh Kataria (PW8). Ordinarily, extra judicial confession is treated as weak type of evidence, but in addition to the circumstantial evidence, it assumes significance. There again could be no reason for Surinder Singh Kataria (PW8) to depose falsely against the accused. The extra judicial confession in the circumstance is another knot to complete the chain of circumstances which is compatible only with the hypothesis of guilt of the accused. 23. The evidence and circumstances were marshalled and evaluated in the correct perspective by the learned trial Judge in arriving at the finding of guilt against the accused-appellants and for convicting them of offence under Sections 302/34, 392 and 404 IPC. 24. The appeal is without merit and, therefore, it is dismissed. 25. Appellants were released on bail by this Court during the pendency of the appeal. 24. The appeal is without merit and, therefore, it is dismissed. 25. Appellants were released on bail by this Court during the pendency of the appeal. Their bail/surety bonds are cancelled. They be arrested and sent to jail to undergo the remaining part of sentence. Learned trial Judge is directed to comply with this order forthwith under intimation to this Court.