TIJAMOOL GADDI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.01.2011 rendered by learned Additional Sessions Judge (Adhoc), Fast Track Court, Hoshiarpur, whereby appellant-accused was held guilty for committing offence punishable under Sections 302, 201 of Indian Penal Code (for short 'IPC'). Vide order on sentence of the even date, he was sentenced to undergo rigorous imprisonment for life and a fine of Rs. 5000/-; in default of payment of fine, to further undergo rigorous imprisonment for a period of 3 months; for offence under Section 201 IPC to undergo rigorous imprisonment for a period of 3 years and a fine of Rs. 1000/-; in default of payment of fine, to further undergo rigorous imprisonment for a period of one month.

(2.) Briefly, prosecution case is like this; that on 10.10.2008, while Paramjit Singh, SHO, PS-Bullowal along with police officials was present in the area near Punjab and Sind Bank in connection with checking and patrolling, Bachittar Singh met the police party and got recorded his statement, Ex. PB, to the effect that for the last 13-14 years, he was running his scooter repair shop in the name and style of M/s Dashmesh Auto Service at Bullowal. As his stomach was upset, he had gone to choe, running adjacent to his shop for answering the call of nature. When he just sat down for the purpose, 3-4 dogs started running towards him. He became nervous and started running and then he found that on the bank of choe, half portion of a dead body of some unknown person was buried. He ran away from that place and told his neighbour Sukhwinder Singh Bains, who was running a television shop, about this. At about 1.00 pm, he along with 4-5 persons had again gone there and found that hands of the dead body was tied with nylon rope and neck was tied with yellow Parna and tongue was protruding. As per complainant, the scene was horrifying. On this statement Ex. PB, Inspector Paramjit Singh made his endorsement Ex. PB/1 and sent the same to the police station for registration of the FIR, whereupon formal FIR, Ex. PC, was registered. Investigations were conducted. Investigating Officer visited the spot and saw that dead body of an unknown person was lying near the choe in the area of Bullowal. Photographs were got obtained. Inquest report, Ex. PD, was prepared. Post-martem of the dead body was got conducted. One Kahi (kassi) (Ex. P-9) made of iron and wooden dasta (handle) (Ex. P-10) were recovered from a distance of about 18- 20 Karams from the place of dead body and the same were taken into police possession, vide memo Ex. PE. Rough site plan of the place of occurrence and that of recovery were prepared. Shorogaga for identification of dead body, Ex. PG, was issued. News was got published in newspapers Desh Seva and Daily Ajit regarding recovery of dead body of an unknown person. The aforesaid news was published on 11.10.2008. On 12.10.2008, HC Raj Kumar produced photographs of the dead body which he took from digital camera and the same were taken into police possession, vide memo Ex. PH. These photographs are Ex. P-1 t Ex. P-8. On 14.10.2008, after post-martem examination of the dead body, HC Harmesh Lal produced Benyan (vest) of blue color, pant readymade of grey colour, underwear of noswari color, parna of yellow colour, rope nylon of green colour. After preparing its parcel, the same was taken into police possession, vide memo Ex. PJ and then handed over to MHC of the police station for the purposes of identification. HC Harmesh Lal also produced one box parcel of DNA bearing seal impression 'CHH' along with sample seal after post-martem of the dead body. The same was taken into police possession, vide memo Ex. PK and thereafter it was deposited with the MHC of the police station with seals intact. Photo of the dead body and relevant documents regarding disputed land were produced by Anil Viswas, brother of the deceased, which were taken into police possession, vide memo Ex. PW7/A.

(3.) On 07.11.2008, Chandu Viswas, father of the deceased, came in the police station and identified the clothes of the deceased as the one belonging to this son Sushen Viswas. Identification memo of clothes was prepared as Ex. PA. Statements of witnesses were recorded. Further investigations of the case were conducted by Jeevan Kumar, SHO, PSBullowal as Paramjit Singh, SHO/Investigating Officer was transferred.