S.D. Anand, J. - (1.) WHILE recording a finding of conviction against the appellant, the learned Trial Judge upheld the following prosecution presentation at the trial.
(2.) PW 5 Surjit Kaur has five sons, namely (Dev, Jagnandan, Mandar, Balwinder and Harbans) who are married in the same family i.e. to the five daughters of Jagar Singh of village Malhari. Her four sons are residing in village Baragudha; while her son Dev is residing in village Malhari. All are otherwise separate in mess and residence interse; except that Mst. Surjit Kaur was joint in mess and residence with her son Mandar Singh. About one year ago (prior to the examination of PW5 Surjit Kaur at the trial on 4.3.1995) Mandar Singh had accompanied appellant Harbhajan Singh to caste his vote. On the return journey, they visited a daughter of Surjit Kaur in the area of village Gidderhera. They returned the following day to village Baraguda. On the day thereafter, Mst. Surjit Kaur and Mandar Singh were sitting in the house when the appellant came over there and desired Mandar Singh to accompany him to the Dera. Mandar Singh obliged. On that day, Mandar Singh's wife was away to village Malhari to attend the marriage of a son of Dev Singh. Mandar Singh did not return home thereafter. Appellant came over to Mst. Surjit Kaur the following morning to find the whereabouts of Mandar Singh. Surjit Kaur informed him that he was the best placed to indicate the whereabouts of Mandar Singh as he only had taken him along a day earlier. Thereafter, Surjit Kaur repeatedly visited the house of Harbhajan Singh appellant and made enquiries about the whereabouts of her son but in vain. All that the appellant informed her was that Mandar Singh had obtained liquor from him and that he had no idea about what happened thereafter. The dead body of Mandar Singh was found lying in a pool of water after 12 days thereof. The post mortem -examination revealed that he had been strangulated to death.
(3.) THE learned Trial Judge placed implicit reliance upon the prosecution version, negatived appellant's plea of innocence and recorded a finding of conviction.;