KEHAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Kehar Singh has preferred this appeal against the judgment, dated 10th March, 2005, of learned Additional Sessions Judge, Fast Track Court, Chamba, whereby he has been convicted of offences, under Sections, 302 and 201 of the Indian Penal Code, and sentenced to undergo imprisonment for life and to pay fine of Rs.50,000/ -, for offence, under Section 302 of the Indian Penal Code, and to undergo rigorous imprisonment for three years and to pay fine of Rs.5,000/ -, for offence, under Section 201 of the Indian Penal Code.

(2.) CASE of the prosecution, which led to the aforesaid conviction and sentence of the appellant, may be summed up thus. Deceased Khiali Ram was native of village Basanda, where he used to live with his father, PW -15 Jai Karan. He set up a business of cable operator in a nearby village, known as Beauti, which is at a distance of 1 1/2 km from village Basanda. It appears that he had arranged for his residence at village Beauti also, but normally he would return to his native place, in the evening, after days business. On 21st August, 2002, he met PW -4 Kalyan Singh, his real brother, at a place called Ghatili Nullah, around 5.30 p.m., and told him to wait for him as he would be joining him for going to native place, after closing business place at village Beauti. PW4 Kalyan Singh waited for deceased Khiali Ram for quite some time and when the latter did not turn up he left for village Basanda. Deceased did not return home that night. Next day the father, the brothers and other relatives of the deceased started searching for him, at the places of their relatives, but got no clue.

(3.) POLICE recorded the statement of the father of the deceased (PW -15 Jai Karan), under Section 154 of the Code of Criminal Procedure, on the spot. The said statement is Ex. PW -10/A. It was sent to the Police Station for the formal registration of the case. Case was registered vide FIR Ex. PW -10/B. As per statement Ex. PW -10/A, PW15 Jai Karan informed the police that he suspected that his son had been murdered by a gang of murders operating in the area and that similar murders had taken place in the past also.