TELU RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dtd. 26/11/2015 passed by the Sessions Judge, Shaheed Bhagat Singh Nagar, whereby the appellant was convicted under Ss. 301 and 201 IPC and sentenced to undergo life imprisonment alongwith fine of Rs.10,000.00 and, in default thereof to further undergo RI for one year under Sec. 302 IPC, and to undergo RI for one year alongwith fine Rs.2,000.00 and in default thereof to further undergo RI for one month under Sec. 201 IPC in case FIR No. 79 dtd. 5/8/2014, under Ss. 364/302/201 IPC registered at P.S. Balachaur.

(2.) As per the case of the prosecution, deceased Paramjit alias Jeena had come to visit his uncle (mother's brother) on 23/7/2014 at village Rurki Muglan, Balachaur. As per the complainant (maternal uncle of the deceased), the deceased spent the night at his house and left early in the morning at 6:00 a.m. without informing anybody in the house. After one week i.e. on 31/7/2014 his mother came from her village Behram (which is stated to be 5 km away from village Rurki Muglan) to village Rurki Muglan asking the whereabouts of her son. The complainant informed her that Jeena had left his house on 24/7/2014 in the early morning. They both got worried and started searching for Jeena. On 3/8/2014, PW2-Hari Pal-son of the complainant happened to visit the house of the appellant (situated at 10 houses down in the street) and found that the chappals, which Jeena had worn, were lying over there. He picked up the chappals and brought them home. The complainant further stated that on the discovery of the chappals from the house of the appellant, a suspicion was arose. They held a meeting with the other villagers and decided to approach the police and this was the version given to the police after two days on 5/8/2014. The police then detained the appellant and on interrogation he disclosed that he had thrown the body of Jeena in an abandoned 'well' situated in the fields belonging to one co-villager, Avtar Singh. On the basis of this disclosure statement, the body of Jeena was recovered from that abandoned 'well'. The same had been stuffed in a plastic bag, but one of his feet remained stuck. By then, the body was badly decomposed and decayed. On postmortem having been conducted, the following injuries were found:-

(3.) Thereafter, the appellant was stated to have made another disclosure statement wherein he informed the police that he had hidden the pant worn by Jeena in the house of another co-villager Baldev Singh, which was also recovered from there. The alleged weapon of offence 'Gandassa' was also got recovered pursuant to the same disclosure statement. The appellant was sent up for trial and having been convicted, the appellant is before this Court.