SHANKAR BHARTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Appellant/accused, Shankar Bharti, has preferred the present appeal against the judgment dated 24.1.2007 passed by the learned Sessions Judge, Kapurthala, vide which he was convicted for the offences punishable under Sections 302 and 201 IPC and was sentenced as under:

(2.) HARBIR Mahato deceased was employed by him as foreman and there were 8 workers, including the present Appellant/accused, Ram Brij @ Ramu, Jai Chand Manda, Mohammed Safrudin, Ram Parvej Pandi, Vishwanath Singh and Dinesh Mandal, who were named as accused in this case. On the night of 13.1.2006 at about 10.30 p.m., the complainant had asked about the progress of the work in the factory on the telephone bearing No. 98152 -64591 from Shankar, Harbir Mahato and Safrudin. On the next day, in the morning, he came to know that dead body of the deceased was lying on the road leading from Kala Sanghian to Kapurthala at the place from where the kacha passage leading to his factory bifurcated. He came to that place and found the dead body of the deceased lying there with face downward having injuries of sharp edged weapon. Then he inquired about his workers and came to know that Ram Brij @ Ramu was missing since morning. He was proceeding to the police station to lodge a report when Balbir Singh SI/SHO (PW -15) met him near the Gurdwara Tahli Sahib, Kala Sanghian. At that place, he made his statement Ex. PJ before the SI, who after making his endorsement Ex. PJ/3 upon the same, sent that to the police station and on the basis thereof formal FIR Ex. PJ/1 was recorded under Sections 302 and 201 IPC. The SI, accompanied by the complainant, came to the place where the dead body of the deceased was lying. After inspecting that place, he prepared rough site plan Ex. PN with correct marginal notes. He prepared the inquest report Ex. PE in respect of the dead body and sent the same to Civil Hospital, Kapurthala, through Jarnail Singh, C. (PW -3) and Amrik Singh, HC (PW -4), for post -mortem examination. The head of the deceased was covered with a parna,Ex. P.3, which was stained with blood. The SI converted the same into a parcel and sealed with his seal 'BS'.

(3.) THE sealed parcels containing parna, gravels and wearing apparels of the deceased were sent to FSL and after examination, it was reported by the Assistant Director of that laboratory, vide report Ex. PP, that the parnaand gravels were stained with human blood. The map on scale Ex. PG of the place of occurrence was got prepared from Pawan Kumar, Patwari (PW -5). Ram Brij @ Ramu could not be arrested despite issuance of the warrants of arrest and proclamation was published against him under Section 82 of Code of Criminal Procedure He did not appear in the Court inspite of publication of that proclamation and was declared as proclaimed offender. After completion of the investigation, the challan was put in against other accused before the ACJM, who committed the same to the Court of Session, vide order dated 24.4.2006.