RAM BRISH MEHTO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed by appellant-Ram Brish Mehto against the judgment of conviction and order of sentence dated 7.8.2008 passed by Additional Sessions Judge, Nawanshahr, whereby he has been held guilty and convicted for the offence under Sec. 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000.00 and in default of payment of fine to further undergo rigorous imprisonment for five months for the offence under Sec. 302 Penal Code.

(2.) The brief facts of the prosecution case are that SI Shamsher Singh along with other Police officials was present at the canal bridge of Talwandi Fattu, then a special informer from the reliable sources intimated him that dead body of one Arun Kumar son of Billat Kumar resident of Badesar, Police Station Mohinder Nagar, District Dhonsa, Nepal, aged about 18-20 years, was lying near the sugarcane fields of Jaswinder Singh alias Chhinda, who had been working for the last one month as farm labour under Jaswinder Singh above said. The dead body bore injuries caused with a sharp edged weapon and the dead body was lying in a pool of blood. It appeared that the murder had been committed by some unknown person. Since, the information was reliable and confirmed; a written 'Ruqa' was sent for registration of the case to Police Station at 2.30 p.m. on 17.10.2003, on the basis of which formal FIR was registered.

(3.) Then SI Shamsher Singh proceeded to the place of occurrence and conducted inquest proceedings on the dead body of Arun Kumar. Inquest report is Ex.PB, which was prepared in the presence of Mohinder Singh and accused Ram Brish Mehto. Blood stained earth was lifted from the spot and taken into Police possession after preparing sealed parcel. The Investigating Officer also took into possession tractor trolley bearing registration No.PB-32-B-1201 vide memo Ex.PO. The dead body was sent for post-mortem examination. Rough site plan Ex.PR was prepared. Then the investigation of the case was taken over by SI Rajan Parminder Singh of CIA In-charge on 23.10.2003. On that day, SI Rajan Parminder Singh recorded the statement of PW Bhajan Singh and thereafter he had associated him as well as Jaswinder Singh and accused Ram Brish Mehto was arrested in their presence and was interrogated. The accused made disclosure statement that he had kept concealed one 'Kahi Peen' in the sugarcane field of Bhajan Singh and offered to get the same recovered. In pursuance of the disclosure statement, the accused got recovered 'Kahi Peen' which was taken into Police possession after preparing sketch Ex.PJ after converting the same into parcel. Site plan of the place of recovery was prepared. After necessary investigation, the challan was presented.