SONE LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an appeal filed by the appellant through jail against the judgment, dated 18-9-2004, of the Court of learned Sessions Judge, Hamirpur, vide which the appellant was held guilty under section 302, IPC and was sentenced to imprisonment for life and to pay a fine of Rs. 5,000/ -. In default of payment of fine, he was to undergo further imprisonment for six months.

(2.) BRIEFLY stated the facts of the case are that on 7-2-2004 at 10. 30 a. m. , a statement under Section 154 of the Cr. P. C. was made by Shashi Mohan to the SHO, Police Station, Bhoranj in which he alleged that he is a resident of village Doh and is the Up pradhan of the Gram Panchayat. He further alleged that, as usual, today when he went for morning walk, at about 8. 00 a. m. when he reached near Dalan-da-Gahra Chowk, he saw a person lying on the road and an axe was embedded in his neck and the person appeared to have sustained injuries and blood was scattered all around. A drat was also lying nearby. His statement was recorded by the police in which he alleged that the said person appeared to have been killed and he could not identify the said person. On this rapat, a case was registered by the police. The police party consisting of the SHO and other police officials went to the spot and recorded the statement of the complainant. On enquiry, it was found that the dead body was that of Bansu Lal, a migrant labourer from Madhya Pradesh, who was identified by PW-9 Hira Lal. An inquest report was prepared. The body was sent for post-mortem examination and after investigation, the challan was filed in the Court.

(3.) ACCORDING to the prosecution story, p. W. 6 Piar Chand, a Contractor, had undertaken work of a cow shed in village Doh of P. W. 5 Joginder Singh and his wife P. W. 4 kesri Devi. The said Piar Chand had engaged migrant labourers including the appellant sone Lal and the deceased Bansu Lal. The deceased had been engaged by Piar Chand to cut and collect bamboos and the appellant had also been engaged for the construction work by P. W. 6 Piar Chand. The prosecution collected some evidence in regard to last seen, recorded the statement of one of the migrant labourer's wife, namely, P. W. 8 Nita Bai before whom the appellant is alleged to have made a confession regarding killing of the deceased. During investigation, recovery of blood stained clothes and money was also effected at the instance of the appellant. The prosecution case rested solely upon circumstantial evidence since there was no direct evidence. The learned trial court had held, after appraisal of the evidence, that the chain of circumstances was complete and it pointed out only to the guilt of the appellant, who was held guilty and convicted and sentenced accordingly, as detailed above.