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5. On 16th July, 1984, dead body of another unknown person was found in the agricultural fields within the jurisdiction of P.S. Alipur. On the right hand of the corpse "Jasbir" was tattooed. No further information and details regarding the deceased came forth till the arrest of the appellants Krishan Lal, Tejpal and Ram Chail (who has expired) on 24th July, 1984.

6. On 24th July, 1984, Ram Chail (since expired), Krishan Lal and Tejpal were apprehended while sitting in Truck No. OSC 4115. Gopi Chand, brother of Ram Chail, was arrested on 29th July, 1984 and approver Ashok (PW1) was apprehended on 6th August, 1984.

14. Ashok Kumar (PW1) has clearly implicated the three appellants for the murder of Arun Kumar and Jasbir. He has testified that he was present with Ram Chail and Kishan when they murdered Jasbir at Village Hiranki. All of them were present and were involved/participated in murder of Arun Kumar, with Gopi standing guard. His testimony is quite expatiated. He has deposed that he knew Ram Chail to be a well off person and therefore had joined his business in order to get rich, by paying Rs 12,000. On 11th July, 1984, all of them were in Ram Chail's house at Hiranki, Delhi. Later on they came to Gokul Puri in Truck No. HRA 6825 and slept at night inside the truck. In the morning, the three appellants and Ram Chail, left PW-1 in the truck and went away. Ram Chail and Kishan Lal came back at about 12 noon in a three-wheeler. Leaving Kishan Lal behind, Ram Chail and PW-1 left for Shahdra Taxi Stand in the same three wheeler. They hired a taxi from Shahdra Taxi stand and went to Village Katha Mau, U.P. as Ram Chail wanted to pay visit to his ill uncle. In the same car, PW-1 and Ram Chail returned to Gokal Puri Chowk and met Gopi and Tejpal who were present with the truck bearing No. URM 660. Ram Chail and Ashok (PW-1) again went to Shahdara subzi mandi in the said car, while Truck No. URM 660, with Gopi and Tejpal, followed them. They loaded Kashi Phal (Petha phal) in the said truck. Ram Chail requested the truck driver to lend services of Jasbir, the cleaner so that they could load another truck with Kashi Phal. Thereafter, Ram Chail, PW-1 and Jasbir returned to Gokalpuri chowk, where Kishan was waiting in Truck No. HRA 6825. Car expenses were paid and Ram Chail, Kishan, PW-1 and Jasbir then boarded the truck No. HRA 6825 and drove towards village Hiranki. At about 7.00 P.M., when dusk was setting in and truck had covered a distance of 3 to 4 kms on a kachcha rasta, the truck was stopped near an artificial pond of water (Thokkar). Ram Chail took off his pant and caught hold of the said cleaner, who got frightened. Jasbir appeared to be a boy, 16-17 years of age. He was told that he would not be killed but would be tied in the fields. It was a rainy season and fields had high grass. Jasbir was made to take off his clothes and his hands and feet were tied. He was made to lie down in the ground. Thereafter, Ram Chail sat on the chest of Jasbir and started pressing his neck. Kishan and PW-1 caught hold of his legs. After some time Jasbir became unconscious but he was still breathing. Ram Chail felt that he might survive and, therefore, gave him a ghandasa blow on the neck. The victim started bleeding. Ram Chail then freed victim's hands and feet and the three left the spot. Ghandasa was thrown in the pond water. They drove truck HRA 6825 to village Tajpur from where they hired a car. The truck and the car came to village Burari, where the truck was parked as Ram Chail who was driving claimed that it had developed problems. All three of them, returned to Gokal Puri Chowk, at about 10 P.M., in the said car. Rs.250/- were paid to the car driver. Truck No. URM 660 was standing at the petrol pump and the appellants Gopi, Tejpal and the truck driver (Arun Kumar) were present. Arun Kumar was informed that truck No. HRA 6825 had developed trouble and Kashi Phal was to be loaded from the said truck into truck No. URM

660. All of them then drove to the spot where Truck No. HRA 6825 was parked. At that time, Arun Kumar became suspicious as he noticed kashi phal was not loaded in HRA 6825. Ram Chail quickly swung into action and swooped on Arun Kumar. Appellant Tejpal helped him catch hold of Arun Kumar. Gopi was left to guard the truck, while Arun Kumar was taken to the fields by Ashok (PW-1) the approver, Kishan, Tejpal and Ram Chail (since deceased). Kishan was armed with a ghandasa. Money amounting to Rs.1000-1200/- from one pocket and Rs.100-200, from the other pocket, of Arun Kumar, was taken. Papers were torn by PW1 and, thereafter, thrown on the ground. Arun Kumar was taken to a dried canal's bank nearby. Arun Kumar's clothes were removed, his hands and feet were tied and he was made to lie on the ground. Ram Chail sat on his chest and pressed his neck while Kishan caught hold of his legs. Tej Pal pressed his mouth and nose. Arun Kumar became unconscious and was left there. Ram Chail, thereafter, picked up the gandhasa and hit Arun Kumar thrice on his neck. Arun Kumar's head severed as a result of these blows. Hands and feet of Arun Kumar were untied. Appellant Tej Pal wrapped the severed head in the clothes of the deceased. Appellant Kishan took out an iron rod from the tool box of the truck and went in the fields situated on the other side of the road, with Tej Pal. Kishan dug a pit where they buried the head and then Kishan repeatedly struck it with iron rod. PW-1 was watching all this while standing on the road. Thereafter they boarded Truck No. URM- 660 which was being driven by Ram Chail, with Ashok (PW-1) and Kishan in it. On the way they threw the clothes. Appellant Tej Pal and Gopi sat in the other truck HRA 6825, which was being driven by Tej Pal. Number plate of truck No. URM 660 was changed and sunmica, on the windows of the truck, was removed. The words "State Bank of Rishikesh", painted on the truck, were erased. Documents of the truck were taken out and burnt. Kashi Phal was transferred from Truck No. URM 660 to Truck No. HRA 6825 and they drove both the trucks towards Alipur. They threw the clothes towards Village Jinpur, where Gopi was dropped. All of them, thereafter, went to Subzi Mandi Shahdara, unloaded Kashi Phal at a broker's shop. PW1 has identified clothes worn by the deceased Arun Kumar. PW-1 has identified two gandhasas which he claimed had been used for committing the murder. He accepted/admitted his statement before the Metropolitan Magistrate (Ex. PW1/A).

30. There is no doubt that Ashok Kumar was present with the appellants at the time of the commission of crime, and this came to the knowledge of the police, even before his arrest (See ex. PW 38/K marked to Police Station Alipur by Insp B.M. Chopra (PW-38) on 24th July, 1984) . After recovery of the decomposed dead body with the name Jasbir tattooed on the hand on 16 th July, 1984, formal FIR was not registered at P.S. Alipur. Proceedings under Section 174 Cr.P.C. were initiated on 16th July, 1984; the dead body was photographed and sent for post mortem. Wireless message was sent for the identification of the dead body. Investigating Officer of FIR No. 300/84 namely Inspector B.N. Chopra, SHO, P.S. Civil Lines (PW38) has deposed that he kept on searching for the stolen truck and the persons involved in the offence. He was informed that identical occurrences had taken place in the jurisdiction of P.S. Bagpath and Shamla, U.P. by Dayal Chand (PW23) who was assisting him. SI R.P. Gautam was sent to Dehradun who intimated him that Ram Chail and two others may be involved. The said Ram Chail was resident of village Hiranki and, as per information, he had recently purchased a new Truck No. OSC 4115. On the basis of secret information, they were successful in arresting Ram Chail, Kishan Lal and Tejpal, while they were travelling in Truck No. OSC 4115. After Ram Chail was arrested, he disclosed during his interrogation that Jasbir cleaner was murdered and his dead body was thrown at a place near village Hiranki. His pointing out memo was exhibited as Ex. PW23/J. After interrogation of Ram Chail, FIR No. 190/1984 was registered in Alipur, on the basis of rukka sent by Insp. B.M. Chopra, P.S. Civil Lines. On the question as to what extent Sections 27 and 8 of the Evidence Act can be invoked, there is no requirement to elaborately deal with the contention as Ram Chail has expired. Section 27 of the Evidence Act is not applicable viz the appellants. However, the investigation made by the police officer Dayal Chand (PW23) and how they came to know that the unidentified body was of Jasbir, the cleaner, is an admissible and relevant circumstance under Section 8 of the Evidence Act. There is a corroborating circumstance both on the question of identity of the dead body i.e. it was the body of Jasbir, the cleaner of the truck, as well as involvement of the appellants. We would like to reproduce the following observations of the Supreme Court in Prakash Chand v. State (Delhi Admn.) (1979) 3 SCC 90: