MOHAN PAL @ MONU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been preferred by Mohan Pal @ Monu and Raj Singh @ Raju feeling dissatisfied against the judgment of conviction dated April 4, 2009 and order of sentence dated April 7, 2009 whereby they have been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2500/ - each and in default of payment of fine, to further undergo RI for two months.

(2.) IN nutshell, the case of the prosecution as unfolded by Jeena wife of Ramesh Kumar resident of Railway Colony, Amritsar, while getting her statement recorded with SI Jagatpreet Singh are that on February 22, Thakral Rajeev 2006, her son Lucky Lucks left the house on motorcycle bearing registration No.PB02 -H -8820 belonging to his friend Abhijit Singh while saying that he would return after some time but he did not return. On February 23, 2006, on receipt of an information from Rajesh Kumar son of Kaku Ram to the effect that a headless dead body, is lying in the garbage opposite to Swadeshi Woollen Mills towards Gowal Mandi, Amritsar, SI Talwinder Singh visited there. After preparation of inquest report, he despatched the dead body to Government Medical College, Amritsar. She accompanied by her son -in -law Jarnail Singh while searching for her son reached the mortuary at Amritsar. She alleged that some unknown persons have committed murder of her son. On the basis of her statement Ex.PA, instant case was registered and investigation was put into motion. Inspector Jagatpreet Singh visited the mortuary where Jeena wife of Ramesh Kumar and her son -in -law Jarnail Singh met him who identified the dead body from the burn marks on the chest. He recorded statement of Jeena Ex.PA and after making an endorsement Ex.PA/1, it was sent to the police station. On the basis whereof, formal FIR Ex.PA/2 was registered. He also visited the place where dead body was found lying; prepared its rough site plan and got clicked photographs of the dead body. On February 25, 2006, he took into possession photographs and the negatives. On February 28, 2006, Mohan Pal @ Monu was apprehended in the area of Gawal Mandi and from his personal search, smack was recovered, regarding which, a separate case was registered. During interrogation, he suffered disclosure statement with regard to the commission of murder of Lucky Lucks. On March 3, 2006, on further interrogation, Mohan Pal @ Monu suffered disclosure statement in pursuance of which, he got recovered motorcycle No.PB02 -H -8820 identified by Jeena wife of Ramesh Kumar. It was taken into possession vide recovery memo Ex.PB. He also prepared rough site plan of place of its recovery. He also recorded statement of PWNavdeep Singh before whom Deepak @ Deewa and Raj Singh @ Raju allegedly confessed their involvement in the commission of the murder of Lucky Lucks and they were nominated as accused. On April 22, 2006, investigation of this case was entrusted to SI Gurdev Singh who arrested Raj Singh @ Raju. He was subjected to interrogation on April 25, 2006, during which, he suffered disclosure statement to the effect that he has buried the head of deceased Lucky Lucks after wrapping it in a glazed envelop near bye -pass ganda nala and offered to get it recovered. Then, SI Gurdev Singh moved an application to SDM for deputing an officer to witness the recovery proceedings. Shri Maninder Singh Sidhu, Naib Tehsildar was deputed who was associated with the police party. Then Raj Singh @ Raju led the police party to the pre -disclosed place and got recovered Head (skull) after digging out the earth. After preparation of inquest report, it was despatched to hospital at Amritsar for post mortem. At the time of recovery of the head, CD as well as photographs were prepared which were subsequently taken into possession on May 13, 2006. Rough site plan of the place of recovery of the head (skull) was also prepared by the Investigating Officer.

(3.) ON completion of investigation, report under Section 173 (2) of the Code of Criminal Procedure was presented in the Court of learned Jurisdictional Magistrate, Amritsar. Since an offence under Section 302 IPC was exclusively triable by the Court of Sessions, it was committed under Section 209 of the Code of Criminal Procedure after having complied with provisions contained in Section 207 of the Code of Criminal Procedure, vide order dated July 13, 2006.