CHANAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Chanan Singh has appealed against the judgment, dated 18th January, 2006, whereby the Sessions Court has held him guilty of murder of his brother Resham Singh and convicted him, under Section 302 of the Indian Penal Code, and sentenced him to undergo imprisonment for life.

(2.) WE may notice the prosecution case first. Deceased Resham Singh was employed as a Chowkidar with I and PH Department of Himachal Pradesh and was posted at a place called Nariwala. He used to leave his house in village Nawada, every evening, around 4 p.m. and after performing his duty as Watchman, for the night, would return home early in the morning, around 7 a.m. As usual, he left his house on 3rd August, 2003, at 4 p.m. Next morning, around 6.45, when Salinder Kaur (PW -1), a daughter of the deceased, went out of her courtyard to throw the swept garbage, she heard cries of her father. She looked towards the side from where the cries were erupting and proceeded in that direction. She saw her father lying on the path leading to their house. Appellant Chanan Singh was standing nearby, with a Phali (an instrument made of iron meant for digging holes in the earth). On seeing PW -1 Salinder Kaur, appellant went away, saying that he had finished the father of Salinder Kaur. Soon mother of PW -1 Salinder Kaur came there. PW -1 Salinder Kaur informed her mother that she had seen the appellant standing near the dead body with a Phali. Mother of PW -1, Sangat Kaur, then left towards village Nawada and soon thereafter Rajinder Singh, a brother of the deceased and the appellant, came there. Harish Kumar (PW -2), Prahdan of the Panchayat, was informed by one Param Chand that Resham Singhs dead body was lying at a slopy place, leading to his house. PW -2 Harish Kumar then gave a ring to the police. Police entered the information in the Daily Diary, vide report copy Ex. PW -13/A. On getting that information SHO Khajana Ram (PW -13), accompanied by SI Shyam Lal, ASI Mohar Singh (PW -8), HC Pradeep Kumar No.350, HHC Pratap Singh No.269, HHC Bhagmal No.429 and HHC Prem Lal No.152, left for the spot, by official vehicle No.HIN 730. He reached the spot at 8.15 a.m. PW -1 Salinder Kaur made statement Ex. PW -1/A to him, on the spot. He concluded the recording of the said statement at 10.15 a.m. and sent it to the Police Station, for formal registration of the case. Case was registered vide FIR Ex. PW -8/B. Thereafter inquest was conducted. Report Ex. PW -13/B was prepared and form No.25.35(1)(B) was filled in. Request for postmortem examination, addressed to the Medical Officer, Civil Hospital Paonta Sahib, was drawn and the dead body was sent to the Hospital alongwith the said inquest report and form No.25.35(1)(B). HC Pradeep Kumar and HHC Pratap Singh were deputed to take the dead body to the Hospital. Dead body was carried in a tractor. PW -13 Khajana Ram then took into possession a bicycle of the deceased and certain other things, including two blood stained pieces of stone, lying on the spot. A piece of the skull bone and the brain matter of the deceased, lying on the spot, were also taken into possession and sealed, separately.

(3.) AT 10 a.m., appellant went to the Police Station and surrendered himself to PW -8 ASI Mohar Singh. While surrendering he informed PW -8 Mohar Singh that he had killed his brother Resham Singh, with a Bari. PW -9 ASI Mohar Singh kept him in his custody till the arrival of SHO, PW13 Khajana Ram. The latter returned to the Police Station, from the spot, at 2.15 p.m. and soon after his arrival, custody of the appellant was handed over to him by PW -8 ASI Mohar Singh. PW -13 Khajana Ram then arrested the appellant and interrogated him. Appellant made disclosure statement, record of which is Ex. PW -5/A, leading to the recovery of weapon of offence Ex. P -1. The weapon was taken into possession vide Memo Ex. PW -1/B. It was sent to the Chemical Examination, who noticed traces of human blood and human hair on it.