Nawab Singh, J.

This appeal has been filed by the accusedappellants against the judgment of conviction and order of sentence dated December 10th, 2001 and December 12th, 2001 respectively passed by learned Sessions Judge Bhatinda, whereby they were convicted for the offence punishable under Sections 302 and 201 of Indian Penal Code (for short "IPC") and sentenced as under:-

Offence U/SSentenceFineIn default

302 IPCImprisonment for LifeRs. 1000/-RI for six months

201 IPCRI for 3 yearsRs. 500/-RI for three months.

The sentences were directed to run concurrently.

2. Per prosecution case is that, Jasvir Kaur, accusedappellant, was wife of Kaka Singh (deceased). She had illicit relations with Dilawar Singh, accused- appellant. Kaka Singh asked Jasvir Kaur to mend her ways, but she did not. Due to this, they had strained relations and there used to be quarrels between the husband and wife. Kaka Singh had informed about this fact to his uncle Sadhu Singh-Complainant (PW-8).

3. On September 24th, 1999, Sadhu Singh (PW-8) and Baldev Singh went to meet Kaka Singh at his house in Village Raman. Jasvir Kaur, accused-appellant informed them that Kaka Singh had left the house 13-14 days ago, after quarreling with her. A suspicion arose that accused-appellants might have abducted Kaka Singh with an intention to kill him or he was murdered by them. Sadhu Singh (PW-8) reported the matter to the Police in Police Station Raman. First Information Report (Exhibit PJ) was recorded against the accused- appellants under Section 364 read with Section 34 of IPC by Major Singh, Station House Officer (PW-9). Search was made in the village but no clue was found about the accusedappellants.

4. On September 25th, 1999, Jagjit Singh (PW-7) produced the accused- appellants before Major Singh (PW-9). They were arrested and interrogated. Dilawar Singh, accused-appellant, made disclosure statement (Exhibit PL) to the effect that on September 10th, 1999, he went to the house of Kaka Singh. Kaka Singh was sleeping on his bed. Jasvir Kaur was working in the kitchen. Both of them planned that it was the best occasion to kill Kaka Singh. Both of them picked up a danda (Exhibit P22) and placed the same on the throat of Kaka Singh. As a result thereof, he died. The dead body was wrapped in a cloth and kept concealed in the room. At about 12.00 mid-night, the dead body was carried by them in a tractor and the same was buried in the field and he could get the same recovered. Jasvir Kaur, accused-appellant, also made disclosure statement (Exhibit PM) on the similar lines. Mool Chand, Tehsildar, Executing Magistrate, Talwandi Sabo (PW-1) and Jagjit Singh (PW- 7) were joined in the investigation at the time of recovery of the dead body by the accused- appellants by Major Singh (PW-9). Pursuant to the disclosure statement, accused-appellants led the Police party to the disclosed place and got recovered the dead body of Kaka Singh. The parcels containing the bones and clothes of dead body were taken into possession vide recovery memorandum (Exhibit PB). Inquest proceedings (Exhibit PC) were conducted. Jasvir Kaur, accused-appellant, also produced the danda used by her and Dilawar Singh in committing the murder of Kaka Singh and the same was taken into possession vide recovery memorandum (Exhibit PO). Jagsir Singh (PW-5) son of Kaka Singh identified the ring, underwear and pieces of shirt of Kaka Singh, which were taken into possession by the Police after the recovery of the dead body.

5. Post-mortem examination on the dead body of Kaka Singh was conducted by Dr. K.K.Aggarwal, Assistant Professor, Forensic Medicine, GGS Medical College, Faridkot (PW-2). According to him the dead body was brought in the hospital in a wooden box. On opening the box, he found Skull, pelvis (2), femur (2), tibia (2), scapula (2), sacrum (1), humerus (2), radius (1), ulna (1), fibula (1), medible without teeth (1), three united vertebrae, ribs (10). Mud was present over the bone. All the soft tissues were missing. The Medical officer opined that the time lapse between the death and post-mortem was between two to four weeks. He also certified that the bones belong to human being; the bones belong to male and the age of the deceased was approximately 30-40 years. He also opined that the death could occur on September 10th, 1999.

6. After completion of the investigation and other formalities, the accused- appellants were sent up for trial.

7. Charge, in respect of commission of offence punishable under Sections 302, 364 and 201 IPC was framed against the appellants. They pleaded not guilty and claimed trial.

8. In support of its case, prosecution examined Mool Chand, Tehsildar (PW-1), Dr. K.K. Aggarwal (PW-2), Gurpal Singh, Head Constable (PW-3), Darshan Singh (PW-4), Jagsir Singh (PWCriminal 5), Baltej Singh, Head Constable (PW-6), Jagjit Singh (PW-7), Sadhu Singh (PW-8) and Major Singh, Sub Inspector - Investigator (PW-9).

9. The accused-appellants examined under Section 313 of Code of Criminal Procedure, to explain the incriminating circumstances appearing in the prosecution evidence. They pleaded that Sadhu Singh (PW-8) and Billu Singh, brothers of Kaka Singh, killed him because they wanted to grab his land. Both of them were falsely implicated at their instance because Dilawar Singh used to help Kaka Singh in order to get his share in the land from Sadhu Singh (PW-8) and Billu Singh.

10. Counsel on either side have been heard.

11. The probative evidence led by the prosecution is :-

i). that on September 10th, 1999, at about 1.00 PM, Darshan Singh (PW-4) took the lift in the tractor driven by Dilawar Singh, accused-appellant to go to Railway Station, Raman. Jasvir Kaur, accused-appellant, was also with Dilawar Singh. He noticed a bundle lying in the tractor containing the dead body. He asked Dilawar Singh about the bundle, but he told him that it was none of his business. Dilawar Singh also told him that Kaka Singh (deceased) used to trouble him and Jasvir Kaur and due to that they killed him. He also informed Darshan Singh not to divulge this fact to any one otherwise, he would also face the same consequences which the deceased faced. He alighted from the tractor, when Dilawar Singh took the tractor on the kacha path of the village. He went to the Railway Station,Raman to go to Rajasthan. He came back on September 25th, 1999. He was informed by the Sarpanch of the village Malkana that Kaka Singh had been murdered;

ii). that the accused-appellants made extra judicial confession with regard to the murder of Kaka Singh before Jagjit Singh (PW-7);

iii). that on September 25th, 1999, accused-appellants got recovered the dead body of the deceased from the place of burial in the presence of Mool Chand, Executive Magistrate (PW-1); Jagsir Singh (PW-5)and Major Singh (PW-9)-Investigator.

iv). that Jasvir Kaur produced the danda used by her and Dilawar Singh, accused-appellants in pressing the neck of the deceased;

v). Jagsir Singh (PW-5) son of the deceased and Jasvir Kaur deposed that her mother had illicit relations with Dilawar Singh, accused-appellant. His father used to rebuke her and also did not allow Dilawar Singh to come to their house, but Dilawar Singh and his mother carried on with their illicit relations. On September 10th, 1999, at about 7.30 AM while going to the school, he saw his father. At about 10.00 AM, he came back to his house to take the school fee and saw accused appellants present in the house and his father was lying on the cot. On September 25th, 1999, when the dead body of the deceased was got recovered by the accused-appellants, he identified the ring, pieces of shirt and underwear of his father, shown to him by the Police.

12. Learned counsel for the accused-appellants has assailed the statement of Darshan Singh (PW-4). According to him, Darshan Singh was not the witness, who had seen the accused appellants carrying the dead-body of Kaka Singh in the tractor and Dilawar Singh, accused-appellant, confessing his guilt before him, for the simple reason that his statement, for the first time, was recorded on September 25th, 1999 that is, after a period of fifteen days, which creates doubt on the veracity of his evidence.

13. The submission of learned counsel is convincing and is acceptable. Since Darshan Singh came to know that the dead body of Kaka Singh was being taken by the accused-appellants in the tractor and he was murdered by them, his prime duty was to inform the Police or at least the members of the family of Kaka Singh, but he did not do so for the reasons best known to him. Rather, he chose to go to Rajasthan and came back after fifteen days. His conduct, of course, shows that he was an introduced witness. Otherwise too, if his evidence is closely scrutinized, it suggests that on his return from Rajasthan on September 25th, 1999 only, he was informed by the Sarpanch of the Village that Kaka Singh was murdered. Let this piece of evidence be ignored.

14. As regards the confessional statement made by Dilawar Singh, accused- appellant before Jagjit Singh (PW-7), he has categorically stated that on September 25th, 1999, he along with Jasvir Kaur, came to him. He was known to them earlier. Dilawar Singh, accused-appellant took him in the room and disclosed that he and Jasvir Kaur had murdered Kaka Singh by throttling as he was an obstacle in their relationship. He also requested him to produce them before the Police. Thereafter, Jagjit Singh (PW-7) produced them before Major Singh (PW-9). In his presence, the accused appellants were interrogated by the Investigator. They made their disclosure statements (Exhibit PL and PM respectively) and got recovered the dead-body from the disclosed place.

15. The accused-appellants are not habitual criminals. When their conscience pricked them, after they committed the murder of Kaka Singh, there was nothing improbable if they wanted to come clean by confessing their guilt before Jagjit Singh (PW-7). Jagjit Singh was cross-examined quite at length, but his credence could not be shaken. Learned counsel for the accused-appellants has challenged this piece of evidence only on the short ground that the extra- judicial confession is a weak type of evidence. So, it should not be believed.

16. It always depends upon the facts of each case as to what importance is to be attached to the extra judicial confession. In this case, Jasvir Kaurs husband was killed by her and her paramour - Dilawar Singh, accused- appellants. Sadhu Singh (PW-8), uncle of the deceased, came to the house of Jasvir Singh to meet Kaka Singh. She informed him that Kaka Singh had left the house 13-14 days ago and she was not aware of his whereabouts. Thereafter, Sadhu Singh (PW-8) reported the matter to the Police. There was every probability that by that time, Jasvir Kaur, accused-appellant might have thought that the matter of missing of Kaka Singh would come to the light one day and it was in her interest to take the help of some body to go to the Police Station and they chose Jagjit Singh (PW-7) to be the best person for this purpose. No infirmity could be pointed out in the extra-judicial confessional statement made by the accused-appellants before him. Furthermore, the Court below has not passed the conviction solely on extra judicial confession. This being so, the prosecution has successfully proved that Dilawar Singh had made extra-judicial confession before Jagjit Singh (PW-7).

17. Prosecution has successfully proved that accused appellants got recovered the dead-body of Kaka Singh. The dead body was got recovered by them in the presence of Mool Chand, Executive Magistrate (PW-1), Jagjit Singh (PW-7) and Major Singh (PW-9) - Investigator. All of them have spoken with one voice that on September 25th, 1999, accused-appellants got recovered the dead-body of Kaka Singh from the disclosed place. There is nothing on record to disbelieve the testimony of these witnesses. The recovery could not have been planted by the Investigator, particularly when it was made in the presence of Mool Chand, Executive Magistrate (PW-1). Had Kaka Singhs dead body not been buried after murdering him by the accused-appellants, the question of getting the same recovered at their instance would not have arisen. The accused-appellants have stated in their disclosure statements that they killed Kaka Singh on September 10th, 1999. The dead body was got recovered by them on September 25th, 1999, that is, after fifteen days. Dr. K.K. Aggarwal (PW-2) has deposed that the time elapsed between the death and the post mortem examination was within about two - four weeks, meaning thereby, that Kaka Singh was murdered on September 10th, 1999 and after murdering him, his dead-body was buried by the accused-appellants.

18. Learned counsel for the accused-appellants has assailed the recovery part of the dead-body only on the short ground that since the same was highly decomposed and it were the bones of the deceased, which were taken into possession by the Police, so it could not be said that it was the dead body of Kaka Singh. To strengthen his argument, he has relied upon the statement of Medical Officer, who opined that the dead body was highly decomposed and in the ordinary course of nature, it was not possible to identify the same.

19. The argument may appear to be catching, but if it is read along with other evidence led by the prosecution, its hollowness gets exposed. At the time of recovery of the dead body of Kaka Singh, a ring from his finger was taken out. His underwear and pieces of shirt were taken into possession. All these items were duly identified by Jagsir Singh (PW-5), son of the deceased. That is a reliable evidence regarding identity of dead body. The point raised by learned counsel for the accused-appellants that the dead body could not be identified, is of no avail.

20. Jagsir Singh (PW-5) son of the deceased has deposed that his mother had illicit relations with Dilawar Singh. He noticed Dilawar Singh at his house on September 10th, 1999 and thereafter, he never saw his father alive. From the evidence of this child witness, it is apparent that the accused-appellants had illicit relations and that was the motive to kill Kaka Singh.

21. There is another important point in this case, which cannot be lost sight of. Jasvir Kaur, accused-appellant informed Sadhu Singh (PW-8) that her husband left the house on September 10th, 1999 after quarreling with her and thereafter did not return. It is not the case of Jasvir Kaur that she made search for Kaka Singh. Rather, she kept on sitting at her house. Normally, it is not expected that a wife would not make efforts to know the whereabouts of her husband for such a long period. She even did not report to the Police about the missing of her husband. It points out the involvement of the accused-appellants, in the commission of murder of Kaka Singh.

22. For the reasons aforesaid, the evidence on record clearly establishes the commission of the offence by the accused appellants. Therefore, the conviction and the sentence as imposed by learned trial Judge do not suffer from any infirmity to warrant interference.

23. The appeal is dismissed.

24. Dilawar Singh and Jasvir Kaur, accused-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.

Appeal dismissed.