DHIAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT has preferred this appeal against the judgment of the Sessions Court, whereby he has been convicted of the offences under Sections 302 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/-; in default of payment of fine to undergo rigorous imprisonment for a further period of six months for the offence under Section 302 I.P.C. and to undergo rigorous imprisonment for two years and to pay a fine of Rs.1000/-; in default of payment of fine to undergo rigorous imprisonment for a further period of one month, in respect of offence under Section 201 I.P.C.

(2.) FIRST , we may notice the prosecution version. A police party headed by ASI Tarlok Chand (PW-9) and ASI Saroop Singh (PW- 9) of which deceased Mohinder Raj, Constable, the appellant, who was Whether reporters of the local papers may be allowed to see the judgment? then working as a Special Police Officer and one more Special Police Officer named Roop Singh, were the members, left Police Station Tissa on 7.8.2003, to investigate a case of theft of two oxen. The party went to a place towards Jammu and Kashmir border and associated with them Rajdeen (PW-19), the owner of the stolen oxen, and one Mamdeen, the alleged suspect. Mamdeen told the police officials that he had sold the oxen to one man across the J & K border. The police party then asked Mamdeen to go across the border and bring the oxen back. Police people waited for him on this side of the border for some time and when he did not return, the above named ASIs, the deceased, the appellant and Roop Singh, another SPO accompanying them and some local men, went across the border. One Brij Lal met them in a village across the border and told that Mamdeen had sold the oxen to a named person. He offered the police people to lead them to the house of that named person. When the police party was accompanying said Brij Lal to the house of the person to whom the oxen had allegedly been sold by Mamdeen, four-five persons in black clothes, who had long hair and were also supporting long beards, were seen with some fire arms in their hands. Brij Lal signalled to the police people to run away to save their lives. Mamdeen, the suspect, was also with those persons wearing black clothes. They were militants operating in the State of Jammu and Kashmir. The two ASIs and HC Raghubir Singh were able to cross the border safely. The appellant and deceased Mohinder Raj ran in some different direction. It was foggy and was also raining. The two ASIs and HC Raghubir Singh on return to the police station on 9.8.2003, made an entry in the Rojnamcha, maintained at Police Station, Tissa.

(3.) TRIAL Court has convicted the appellant holding that the circumstances do prove that he committed the murder. The relevant circumstances, which have been noticed by the trial Court, are as follows:-