RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These two appeals arise out of the Judgment of the learned Additional Judge, Special Court, in Hoshiarpur. There are two appellants. Both of them were tried for offences punishable under sections 302 read with 34 and 201 I.P.C. for committing the murder of Vasdev, the deceased in their case. The case rested mainly on the retracted extra-judicial confession and on the recovery of the dead body. The trial Court accepted the prosecution case and convicted them for the said offences and sentenced each of them to undergo imprisonment for life and three m years' Rigorous Imprisonment respectively.

(2.) The first accused Ram preferred Criminal Appeal No.583/85 and the second accused Budhu has preferred Criminal Appeal No.612/85.

(3.) According to the prosecution both the accused were employed as agricultists under one Pal Singh, P.W.1. The deceased was married and had a wife and he used to live at the house U of Pal Singh in the village, while the two accused who were unmarried used to stay at the tube-well of Pal Singh. The deceased used to carry the meals for the two accused to the tube-well. On 7.8.1984 at about 9.P.M. the deceased took the meals for the two accused as usual but he did not return. On 8th morning the two accused went to the house of Pal Singh and they were found to be very nervous. Pal Singh questioned them and it is alleged that they confessed that. the deceased was intoxicated and there was a verbal altercation and the two accused caught hold of the deceased by the throat and strangulated him to death. Thereafter they buried the dead body of the deceased in the abandoned old well and filled it up. Pal Singh took both the accused to the Police Station and produced them before the S.I. who interrogated them and at their instance the dead body was recovered and the inquest was held on the dead body and is it was sent for post-mortem. The doctor P.W. 5, who conducted post-mortem, found bruises all over the neck and on an internal examination he found that muscles under the neck were congested and he opined that the death was due to strangulation.