Gurdev Singh, J. - (1.) THE Appellant/accused, Shankar Bharti, has preferred the present appeal against the judgment dated 24.1.2007 passed by the learned Sessions Judge, Kapurthala, vide which he was convicted for the offences punishable under Sections 302 and 201 IPC and was sentenced as under: The facts constituting the prosecution case are that Gurpreet Singh, complainant (PW -9) had been running a Cardboard Factory in the area of Kala Sanghian, which was situated on the bank of canal in the limits of Sukhani.
(2.) HARBIR Mahato deceased was employed by him as foreman and there were 8 workers, including the present Appellant/accused, Ram Brij @ Ramu, Jai Chand Manda, Mohammed Safrudin, Ram Parvej Pandi, Vishwanath Singh and Dinesh Mandal, who were named as accused in this case. On the night of 13.1.2006 at about 10.30 p.m., the complainant had asked about the progress of the work in the factory on the telephone bearing No. 98152 -64591 from Shankar, Harbir Mahato and Safrudin. On the next day, in the morning, he came to know that dead body of the deceased was lying on the road leading from Kala Sanghian to Kapurthala at the place from where the kacha passage leading to his factory bifurcated. He came to that place and found the dead body of the deceased lying there with face downward having injuries of sharp edged weapon. Then he inquired about his workers and came to know that Ram Brij @ Ramu was missing since morning. He was proceeding to the police station to lodge a report when Balbir Singh SI/SHO (PW -15) met him near the Gurdwara Tahli Sahib, Kala Sanghian. At that place, he made his statement Ex. PJ before the SI, who after making his endorsement Ex. PJ/3 upon the same, sent that to the police station and on the basis thereof formal FIR Ex. PJ/1 was recorded under Sections 302 and 201 IPC. The SI, accompanied by the complainant, came to the place where the dead body of the deceased was lying. After inspecting that place, he prepared rough site plan Ex. PN with correct marginal notes. He prepared the inquest report Ex. PE in respect of the dead body and sent the same to Civil Hospital, Kapurthala, through Jarnail Singh, C. (PW -3) and Amrik Singh, HC (PW -4), for post -mortem examination. The head of the deceased was covered with a parna,Ex. P.3, which was stained with blood. The SI converted the same into a parcel and sealed with his seal 'BS'. He collected the blood stained gravels from the spot, which were put in a small plastic box. That box was converted into a parcel and the same was also sealed with seal 'BS'. Those parcels were taken into possession, vide memo Ex. PN. The autopsy on the dead body was performed on 15.1.2006 by Dr. Sandeep Dhawan (PW -1), who found five ante -mortem injuries on the same and gave his opinion that the cause of death was due to those multiple injuries i.e. laceration over the head involving the brain and spleen rupture, leading to severe haemorrhage and shock, which were sufficient to cause death in the ordinary course of nature. The viscera of the dead body was sent to the Chemical Examiner and according to the doctor, the final opinion was to be given after receipt of the report of the Chemical Examiner. After post -mortem examination, wearing apparels of the deceased were handed over to Amrik Singh, HC, who further produced the same before the SI. Those were converted into a parcel, which was sealed by the SI with his seal 'BS'. That sealed parcel was taken into possession, vide memo Ex. PF. On coming back to the police station, the SI deposited the case property with MHC. On 17.1.2006, the SI recorded the statement of Jit Singh (PW -16) under Section 161 Code of Criminal Procedure and he came out with the version that he had seen all the accused removing the deceased on a bi -cycle. On that very day, the SI recorded the statement of Achhar Singh @ Achhru (PW -8) under Section 161 Code of Criminal Procedure who narrated before him that he had seen Ram Brij @ Ramu and the present Appellant/accused causing injuries to the deceased with the help of an iron strip and log of eucalyptus, on the night of 13.1.2006. The SI went to the factory of the complainant in search of the accused, but they were not found at that place. On that very day, all the accused approached Prabhjot Singh (PW -10), brother of the complainant, and made confessional statement that they committed murder of the deceased and threw his dead body on the road. Prabhjot Singh asked all the accused to go to the factory and from that place all the accused, except Ram Brij @ Ramu, were arrested. Memos regarding their arrest were prepared. On 19.1.2006, the SI interrogated the Appellant/accused in the presence of Balbir Singh, SI (PW -15) and Sarwan Singh Bhatti (PW -11), upon which he suffered disclosure statement Ex. PH, that he had kept concealed the log of eucalyptus (sota) under the cardboards near the hut of Uma Shankar, adjoining the factory, about which only he had the knowledge and could get the same recovered from that place. In pursuance of that disclosure, he got recovered that sotaEx. P.5, which was converted into a parcel and was sealed by the SI with his seal 'BS'. The sealed parcel was taken into possession, vide memo Ex. PJ. The SI prepared rough site plan Ex. PO of the place of recovery with correct marginal notes. On further interrogation, the Appellant/accused made a disclosure statement Ex. PK that he had kept concealed one bi -cycle on the roof of his residential quarter, about which only he had the knowledge and could get the same recovered. In pursuance of that disclosure statement, he got recovered the bi -cycle Ex. P4 and the same was taken into possession, vide memo Ex. PL. The SI prepared rough site plan of the place of recovery and on coming back to the police station deposited that case property with MHC. The viscera of the dead body of the deceased was sent to the Chemical Examiner, but no poison was detected and to that effect the Chemical Examiner gave his report Ex. PB. After the receipt of that report, it was opined by Dr. S.K. Dhawan, vide his report Ex. PC, that the cause of death of the deceased was due to haemorrhage and shock due to multiple injuries.
(3.) THE sealed parcels containing parna, gravels and wearing apparels of the deceased were sent to FSL and after examination, it was reported by the Assistant Director of that laboratory, vide report Ex. PP, that the parnaand gravels were stained with human blood. The map on scale Ex. PG of the place of occurrence was got prepared from Pawan Kumar, Patwari (PW -5). Ram Brij @ Ramu could not be arrested despite issuance of the warrants of arrest and proclamation was published against him under Section 82 of Code of Criminal Procedure He did not appear in the Court inspite of publication of that proclamation and was declared as proclaimed offender. After completion of the investigation, the challan was put in against other accused before the ACJM, who committed the same to the Court of Session, vide order dated 24.4.2006.;