Surjit Singh, J (Oral):-Appellant Kehar Singh has preferred this appeal against the judgment, dated 10th March, 2005, of learned Additional Sessions Judge, Fast Track Court, Chamba, whereby he has been convicted of offences, under Sections, 302 and 201 of the Indian Penal Code, and sentenced to undergo imprisonment for life and to pay fine of Rs.50,000/-, for offence, under Section 302 of the Indian Penal Code, and to undergo rigorous imprisonment for three years and to pay fine of Rs.5,000/-, for offence, under Section 201 of the Indian Penal Code.

2. Case of the prosecution, which led to the aforesaid conviction and sentence of the appellant, may be summed up thus. Deceased Khiali Ram was native of village Basanda, where he used to live with his father, PW-15 Jai Karan. He set up a business of cable operator in a nearby village, known as Beauti, which is at a distance of 1½ km from village Basanda. It appears that he had arranged for his residence at village Beauti also, but normally he would return to his native place, in the evening, after day’s business. On 21st August, 2002, he met PW-4 Kalyan Singh, his real brother, at a place called Ghatili Nullah, around 5.30 p.m., and told him to wait for him as he would be joining him for going to native place, after closing business place at village Beauti. PW4 Kalyan Singh waited for deceased Khiali Ram for quite some time and when the latter did not turn up he left for village Basanda. Deceased did not return home that night. Next day the father, the brothers and other relatives of the deceased started searching for him, at the places of their relatives, but got no clue.

3. On 25th August, 2002, report was lodged with the police about the deceased having gone missing. On 29th August, 2002, PW-3 Bhimya Ram spotted a dead body in Rahla Nullah, close to village Rahla, where the appellant has his residence. The head of the body had been severed, but it was lying close to the torso. PW-3 Bhimya Ram informed the Pradhan of the Panchayat, namely PW-6 Subhash Kumar, who, in turn, informed the police telephonically. Police reached the spot soon thereafter. Dead body was identified to be that of deceased Khiali Ram by PW-1 Chuni Lal and a Chacha of the deceased, named Sat Pal. Father of the deceased was also informed. He too reached the spot.

4. Police recorded the statement of the father of the deceased (PW-15 Jai Karan), under Section 154 of the Code of Criminal Procedure, on the spot. The said statement is Ex. PW-10/A. It was sent to the Police Station for the formal registration of the case. Case was registered vide FIR Ex. PW-10/B. As per statement Ex. PW-10/A, PW15 Jai Karan informed the police that he suspected that his son had been murdered by a gang of murders operating in the area and that similar murders had taken place in the past also.

5. Inquest was conducted. Inquest report is Ex. PW-20/A. Thereafter, dead body was sent to the hospital for postmortem examination. Request was made, in writing, for postmortem examination. The same is Ex. PW1/A. PW-11 Dr. Vishal Mahajan conducted the postmortem. Following ante-mortem injuries were noticed:

“Maggots present. Head is separated from body. Head-skull separated from body.

No overlying skin. Eye ball absent.

L.W. 6cm x 3cm on Rt. elbow flexor.

L.W. 15cm x 10cm on Rt. I/F.

L.W. over ant. Chest wall covering. Whole of anterior chest, extending 6cm above thexiphisternum. Underlying ribs fractured on both sides. Liquefied viscera present in the thoresic cavity.”

According to the postmortem, time lag between the death and the postmortem examination was 5-10 days.

Postmortem was conducted on 30th August, 2002.

6. Police did not get any clue for about 2½ months. On 8th November, 2002, complaint, copy Ex. PW-14/B, was submitted to the learned Chief Judicial Magistrate, Chamba, by Chuni Lal (PW-1). In the said complaint, it was alleged that on the night intervening 21st & 22nd August, 2002, a drinking party to celebrate bir