PREM CHAND Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) The appellants-Prem Chand and Manohar Lal stand convicted under Section 302 read with Section 34, R.P.C. for having committed the murder of Balwant Singh and sentenced to undergo imprisonment for life and a fine of Rs. 1,000/- each.

(2.) The prosecution story as unfolded in evidence is that on the evening of March 27, 1988, the deceased had gone to the house of one Prahalad Bhagat situated at Top-Serkhania to collect his camera from the accused-Prem Chand where the latter was working as Chowkidar, later he was last seen alone in the company of the appellants around 9 p.m. on 27-3-1988. His dead body was found from the bushes near the same locality on 2-4-1988. The doctor, who conducted the post- mortem of the body opined that no definite opinion regarding the cause of death could be given because the body was highly decomposed. In response to the query made by the Investigating Police Officer, the doctor clarified on 23-4-1988 that the fracture of thyroid could be possible by a ligature strangulation resulting in death. This clarification, it appears provided a breakthrough giving new direction to the investigation of the case. The Investigating Police Officer re-examined the witnesses whose statements had been recorded in the course of investigation u/S. 174 of the Code of Criminal Procedure. Their evidence revealed that the deceased was killed by the appellants on the night of 27-3-1988 and both of them threw the dead body at the place where it was found. They allegedly disappeared from the area soon after the commission of crime .

(3.) The prosecution case rests only on the circumstantial evidence. These circumstances are; (i) The deceased was last seen alive with the appellants on 27-3-1988, (ii) Recovery of his camera from A-I, (iii) Recovery of muffler used for strangulation, and (iv) The cause of death.