Rajiv Sharma, J. - (1.)This appeal is instituted against the judgment dated 17.10.2015, rendered by the learned Addl. Sessions Judge (I), Kangra at Dharamshala, H.P. in Sessions Case No. 1 -N/VII/2013, whereby the appellant -accused (hereinafter referred to as accused), who was charged with and tried for offences punishable under Ss. 302 & 201 IPC, has been convicted and sentenced to rigorous imprisonment for life and to pay fine of Rs. 10,000/ - and in default of payment of fine to further undergo rigorous imprisonment for one year under Sec. 302 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for two years for the offence punishable under Sec. 201 IPC and to pay fine of Rs. 1000/ -. In default of payment of fine he was further sentenced to undergo rigorous imprisonment for a period of three months.
(2.)The case of the prosecution, in a nut shell, is that on 30.10.2012 at about 7:30 AM, Mahinder Pal, Pradhan, Gram Panchayat, Panjahra, telephonically informed the police of PS Nurpur that a person was lying unconscious in a Nallah near the liquor vend, Ganoh. The police party headed by Insp. Brij Mohan Sharma rushed to the spot alongwith other police officials and found the dead body of Shashi Pal Sharma (deceased) lying in the Nallah near liquor vend Ganoh. The dead body was brought to Civil Hospital, Nurpur for post mortem. The brother of the deceased, Ram Pal Sharma (complainant) made statement under Sec. 154 Cr.P.C. that Shashi Pal Sharma (deceased) was his younger brother. The complainant received a telephonic message on 30.10.2012 at about 8:30 A.M. that dead body of his brother was lying at Ganoh. The complainant identified the dead body of his brother at Civil Hospital, Nurpur. There were injuries on his chest, private part and both legs. On 29.10.2012 at about 4:00 -4:30 PM, the deceased left the house on his scooter on receiving a telephone call on his mobile. The complainant suspected that the person who called the deceased murdered his brother. On this statement of the complainant, FIR was registered. During investigation, the post mortem of the deceased was got conducted at Civil Hospital Nurpur and after expert opinion, it was opined by the Medical Officer that the deceased died due to blunt chest trauma. During the investigation, it also surfaced that on 29.10.2012, when the accused was consuming liquor with Kuldeep Singh, Shyam Kumar and Milkhi Ram in his quarter, he called the deceased, Vijay Kumar, Ajeet Singh and Onkar Singh to his quarter through his mobile phone. They came to the quarter of the accused on their scooters and consumed liquor. After consuming liquor, Ajeet Singh, Onkar Singh, Vijay Kumar and Kuldeep Singh left the quarter of the accused and went to Dhaba of Jaswinder Singh at Ganoh to consume liquor. Accused also came to the spot on his motorcycle. Kuldeep Singh asked as to where deceased had gone. The accused disclosed that he has dropped him at Ganoh bus stand. On 30.10.2012, the dead body of deceased was recovered. The accused telephonically asked Ashok Kumar, Onkar Singh and Milkhi Ram to conceal the scooter of the deceased. Even wife of the deceased Arpana Devi called the deceased on 29.10.2012 between 6 to 7:00 P.M. but the call went unanswered. The accused was arrested. On completion of the investigation, challan was put up after completing all the codal formalities.
(3.)The prosecution, in order to prove its case, has examined as many as 25 witnesses. The accused was also examined under Sec. 313 Cr.P.C. He has denied the prosecution case and pleaded innocence. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.