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The SHO along and the police party proceeded to the place, as informed and took possession of the dead body. Sukhwinder Singh, the owner of the field, also arrived. The SHO recorded statements of witnesses, prepared an inquest report, Ex.PO, and a rough site plan, Ex.PN. The dead body was forwarded through ASI Sarabjit Singh, vide request Ex.PQ, for post mortem. The post mortem was conducted by Dr. Asitesh Bajwa at Government Medical College, Amritsar on 11.3.2007. The cause of death was stated to be ante-mortem strangulation, leading to asphyxia which was sufficient in the ordinary course of nature, to cause death. After postmortem, clothes on the dead body were taken into possession, vide memo Ex.PR and converted into a sealed parcel. The yellow `parna', which was found around the neck, was converted into a sealed parcel Ex.P25, and taken into possession, by ASI Sarabjit Singh, vide memo Ex.PS. On 13.3.2007,the police recorded statement Mark `A' of one Sarwan Singh son of Jasmeet Singh that on 5.3.2007 at about 5.30 P.M, a tractor-trolley bearing no.PB02 AS 4697, being driven by Balwinder Singh, stopped outside the gurdwara. Balwinder Singh went inside the gurdwara for taking `langar' along with Sukhwinder Singh @ Sukha and Harjit Singh @ Baljit Singh (appellants). Sarwan Singh over-heard Sukhwinder Singh and Harjit Singh planning to murder Balwinder Singh and steal the tractor trolley. Sarwan Singh further stated that he was taking rest outside the gurdwara, when he saw the deceased and the appellants coming out of the gurdwara and driving away towards Khilchian.

The prosecution, in order to prove its case, has examined PW1 Sarwan Singh, who was produced to prove that deceased was last seen in the company of the appellants entering and leaving the gurdwara and had over-heard them planning to murder Balwinder Singh. However, Sarwan Singh did not support the prosecution and was declared hostile.

PW2 is Ranjit Singh, the owner of the tractor and trolley, who has deposed that Balwinder Singh was working with him as a tractor trolley driver and had gone to Amritsar on 5.3.2007 after loading the tractor with sand, but did not return. On 11.3.2007 he came to know that clothes of an unidentified body were lying in Police Station Mattewal. When he was proceeding to Police Station Mattewal, the appellants met him at Chowk Maqboolpura and made a confession that they had committed a mistake by committing the murder of Balwinder Singh, throwing his dead body near the side of the road in village Saido Lehal and stealing the tractor and trolley but were ready to return the tractor and the trolley if a compromise is effected. Ranjit Singh, thereafter, deposed that he went to the police station, where he found that Kewal Singh, brother of the deceased, was already present. They identified the clothes before the SHO etc. vide identification memo Ex.PC. After recovery of the tractor trolley, he took the tractor-trolley on supardari.

The next piece of evidence is an extra-judicial confession relied by the trial court as sufficient to fasten culpability. A perusal of the evidence on record reveals that the extra-judicial confession is said to have been made before PW2 Ranjit Singh, owner of the tractor-trolley and the employer of the deceased. PW2 Ranjit Singh has deposed as follows:-

" The deceased Balwinder Singh was working with me as tractor driver. On 5.3.2007, he had gone to Amritsar on tractor trolly, after loading sand in the trolley for sale but he did not return back. On 11.3.2007 I came to know that police of Police Station Mattewal had got conducted postmortem examination of one unknown person and I came to Amritsar for going to police station Mattewal. I was present at Chowk Maqbool Pura, Amritsar,where both the accused present in the Court today met me, who were known to me earlier. The accused disclosed me that they had committed mistake by committing the murder of Balwinder Singh and throwing his dead body near road side in the area of village Saido Lail and they further disclosed me that they had taken away my tractor trolley after committing the murder of Balwinder Singh and showed their intention to return the tractor trolley after effecting compromise and then they went away and then I went to the Police Station Mattewal where Kewal Singh brother of the deceased Balwinder Singh was already present......."

A perusal of the examination-in-chief of PW2 Ranjit Singh reveals that for going to Police Station Mattewal, he came to Amritsar and when he reached Chowk Maqboolpura, Amritsar, the appellants who were known to him, met him and admitted that they had committed a mistake by murdering Balwinder Singh and throwing his dead body near the road side in village Saido Lehal and also admitted that they had stolen the tractor trolley but requested for a compromise as they were ready to return the tractor trolley. The cross-examination of PW2 Ranjit Singh with respect to the extra-judicial confession reads as follows:-