Judgment

Prafulla C. Pant, J.

1. Heard.

2. This appeal is directed against judgment and order dated 6.02.2012, passed by the High Court of Punjab and Haryana in Criminal Appeal No. 546-DB of 2010 whereby the appeal is dismissed and the conviction and sentence against the Appellant Daulat Ram @ Daulti Under Section 302 read with Section 34and one Under Section 201 of Indian Penal Code (Indian Penal Code), recorded by the Additional Sessions Judge, Faridabad, in Sessions Case No. RBT No. 38 of 2008/2009 is affirmed.

3. Prosecution story, in brief, is that on 10.1.2002 PW-1 Himmat Singh approached PW-20, Inspector Amrik Singh of Police Station Chhainsa and informed him that his elder son Zile Singh @ Prem Chand (deceased), was missing. The informant further told to the above officer that Zile Singh had gone on 9.1.2002 on the request of the Appellant Daulat Ram, with him. He further told that PW-2 Mangal Singh, disclosed him that in the previous night the deceased was seen having liquor with Appellant Daulat Ram, Devanand (son of Mishri Lal), Mahesh @ Bachhu (son of Ramji Lal) and Om Prakash @ Omi (son of Rewati Parshad) in fodder room (of Omi). The informant (PW-1) further told the police that when by about 5.00 a.m. on 10.1.2002, Zile Singh did not come back to his home, he (informant) along with his another son Manoj Kumar went to fodder room of Omi where they spotted blood stains, and started searching for the deceased here and there. PW-9, Jugal Kishore, told him (PW-1) that he had seen Appellant Daulat Ram, Devanand, Mahesh and Om Prakash throwing a dead body into a dry well near the tubewell. Thereafter, accompanied by PW-9, Jugal Kishore, Himmat Singh, PW-11, Brahm Dutt, proceeded towards the tubewell. From the battlement (Munder) they peeped into the well and noticed a dead body lying there. PW-11, Brahm Dutt, got down into the well and saw that the dead body was that of Zile Singh @ Prem Chand, which was tied with a blanket. The informant alleged that Appellant Daulat Ram and co-accused Om Prakash, Mahesh and Devanand had killed Zile Singh after making him drunk.

4. On the basis of above report, FIR (Ex PB) was registered against all the four accused, namely, Mahesh @ Bachhu, Om Prakash @ Omi, Devanand and Daulat Ram @ Daulti, at Police Station Chhainsa, and crime was investigated by PW-20 Inspector Amrik Singh. The dead body of Zile Singh was taken into possession by the police, sealed and sent for post mortem examination. PW-13, Dr. P.S. Yadav, conducted post mortem on 10.1.2002 with his team of doctors, namely, Dr. S.K. Mittal and Dr. Harsh Piplani. The team of medical officers recorded four ante/post mortem injuries (one ante and three post mortem), and opined that the deceased has died of shock and hemorrhage as a result of injury No. 1 sustained due to fire arm. After interrogating the witnesses and inspecting the spot, charge sheet was filed against three accused namely, Mahesh @ Bachhu, Om Prakash @ Omi and Devanand, who were arrested. As against Appellant Daulat Ram, who could be arrested only in the year 2008, subsequent report/charge sheet was filed Under Section 173 of the Code of Criminal Procedure.

5. After separate committal of the case of Daulat Ram @ Daulti (Appellant), charge was framed against him in respect of offences punishable Under Section302 read with Section 34 and Section 201 Indian Penal Code, to which he pleaded not guilty and claimed to be tried.

6. On this, prosecution examined PW-1 Himmat Singh (informant), PW-2 Mangal Singh, PW-3 A.S.I. Sher Singh, PW-4 Constable Sukhender Singh, PW-5 Shiv Lal, PW-6 A.S.I. Jai Lal, PW-7 Yashwant Singh (Patwari Halqa), PW-8 Rajbir, PW-9 Jugal Kishore, PW-10 Bhagwat Dayal, PW-11 Brahm Dutt, PW-12 Narottam (photographer), PW-13 Dr. P.S. Yadav (who conducted autopsy), PW-14 Inspector Prem Singh, PW-15 HC Sarjeet Singh, PW-16 HC Suresh Kumar, PW-17 A.S.I. Sukhbir Singh, PW-18 S.I. Raghubir Singh, PW-19 Constable Randhir Singh and PW-20 Amrik Singh (who investigated