K.T. Thomas and R. P. Sethi, JJ. - (1.) In this case, the brother of the Appellant was murdered during sometime either in the night of 8.8.1996 or during the day thereafter. The Appellants version was that the murder was committed by Appellant Sat Pal (brother of the deceased) in conjunction with one Gulab Singh who is said to be the brother-in-law of the Appellant. As Gulab Singh remained absconding ever since the death of the deceased, the case proceeded against the Appellant alone. The Session Court convicted him under Section 302 of Penal Code and sentenced him to imprisonment for life. A Division Bench of the Himachal Pradesh High Court confirmed the conviction and sentence and dismissed the appeal filed by the Appellant.
(2.) The name of the deceased was Balish alias Bali. From the post mortem report issued by P.W. 12 doctor, it can be seen that his death was on account of head injury sustained by him. The dead body of Balish was seen for the first time by P.W. 4, Bahadur Singh at 5.00 p.m. on 9.8.1996 near the Jakhana-Mashu Road.
(3.) The case against this Appellant was sought to be established with the help of circumstantial evidence. The circumstances established by prosecution are the following: (1) P.W. 1 saw the deceased and his brother Sat Pal in the company of Gulab Singh at a tea stall when the time was around 8.30 p.m. on 8.8.1996 ; (2) After the dead body was recovered Appellant was not seen in the locality. ;