JUDGEMENT
P. Venkatarama Reddi and P.P. Naolekar, JJ. -
(1.)The second accused in Sessions Case No. 1 of 1998 on the file of the Additional Sessions Judge, Patiala, is the Appellant herein. He was charged under Section 302 read with Section 34, I.P.C. alongwith the other two accused for the murder of one Dharam Pal, who was a cashier in Union Bank of India, Gumthala Gharu Branch (Kuruskshetra) on the night of 10.11.1997. The other two accused were acquitted by the trial court holding that there was no satisfactory evidence of their involvement in the murder. However, the Appellant was convicted and sentenced to life imprisonment. The said conviction and sentence has been confirmed by the High Court by the impugned judgment.
(2.)It is the case of the prosecution that Gurpal Singh, a constable of Punjab Home Guards attached to Police Station Julkan, was on duty alongwith another constable at the liquor shop at Markanda. At about 7.30 p.m. Dharam Pal (deceased) approached the said constables for arranging lift in a vehicle to go to Pehowa. A little later, a Maruti van bearing No. CHK 8479, came from Pehowa side and stopped at the liquor shop. The occupants of that van, namely, the Appellant and two other accused purchased liquor from the shop. At the request of Dharam Pal, the accused agreed to give him lift up to Devigarh. The deceased Dharam Pal boarded the vehicle along with the accused persons. On the morning of the following day, i.e., 11.11.1997, Jarnail Singh (P.W. 11) noticed a dead body at a culvert of the canal while he was on his way to the fields in the village of Mihuaun which is said to be quite close to Devigarh. He found that the throat of the deceased was tied up with a parna (scarf). P.W. 11 reported the matter to the police and his statement was recorded by P.W. 15. Sub-Inspector of Police Station Julkan. An F.I.R. was registered at 12.30 p.m. P.W. 15 having found the dead body at the site with a "parna" tied around the neck, took up the investigation and held the inquest and the dead body was sent to the hospital at Patiala for post-mortem. P.W. 1, the medical officer conducted the autopsy on 11.11.1997 at 4.00 p.m. He noted that there was a ligature mark which was horizontal and was about 5 cm. wide, on the thyroid cartilage. The tongue was outside the mouth and there were signs of blood coming out of the mouth. There was also a lacerated injury on the right eye-brow and an abrasion on the right upper arm which was indicative of a struggle before strangulation. P.W. 1, the doctor was of the opinion that the death occurred on account of asphyxia as a result of strangulation. He found no traces of alcohol in the stomach of the deceased. Photographs of the dead body were taken at the hospital. It was on the basis of those photographs that P.W. 11, the constable is said to have identified the deceased as the person who approached him on the night of 10.11.1997, for arranging a ride to Pehowa. On 16.11.1997, P.W. 5, the brother of the deceased saw the photograph of the deceased in a newspaper and contacted Police Station Julkan and identified the deceased as his brother Dharam Pal. It is the further case of the prosecution that on 20.11.1997, the Sub-Inspector (P.W. 11) alongwith A.S.I. and other police personnel including P.W. 13, set up a picket at Village Binjal. At about 6.00 p.m. Van No. CHK 8479 which was passing through the picket was checked and the Investigating Officer arrested the three occupants including the Appellant, after he was identified by P.W. 13. The vehicle was seized. In the vehicle there were some documents pertaining to its registration and transfer. On 22.11.1997, a black bag, which is said to be the bag that was being carried by the deceased, was discovered on being pointed out by the accused Sukhwinder Singh. It contained his identity card, driving licence, bus pass, etc.
(3.)The incriminating evidence against the Appellant consists of the alleged confession made by him to P.W. 9 and the circumstances relied upon by the prosecution. These circumstances are noted by the High Court at p. 10 of the judgment which are as follows :
(a) Circumstances that the deceased met Gurpal Singh (P.W. 14) at the Markanda liquor vend on 10.11.1997 at 7.30 p.m. and from there took a lift in Van No. CHK 8479 which was carrying Jaswant Gir, Sukhwinder Singh and Roshan Puri.
(b) Circumstances that the dead body of the deceased was found near a culvert of canal minor by Jarnail Singh (P.W. 11) on the morning of 11.11.1997 at 7 a.m.
(c) Circumstances that Dr. Deepak Walia returned findings after post-mortem examination of the dead body that the deceased had been strangulated to death.
(d) Circumstances that Van No. CHK 8479 was owned by Jaswant Gir.
(e) Circumstances that Jaswant Gir and the two acquitted accused were apprenended by the police on November 22 while travelling in Van No. CHK 8479.
(f) Circumstances that the bag of the deceased containing papers like identity card, bus pass, loan documents, etc. were recovered from the possession of the acquitted accused on the basis of his disclosure statement.