JUDGMENT

Mr. Kuldeep Tiwari, J.

The present appeal has been directed at the instance of appellant-accused against the verdict of conviction and order of sentence dated 10.11.2017, rendered by the learned Sessions Judge, Bathinda, in case FIR No. 204 dated 5.9.2016, registered under Section 302 of the INDIAN PENAL CODE , at Police Station Nathana, District Bathinda, whereby he has been convicted for the offence punishable under Section 302 of IPC, and, has been ordered to undergo sentence of imprisonment for life and to pay a fine of Rs 10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years.

Factual Matrix

2. The prosecution agency was set into motion upon the receipt of information from one Gurtej Singh son of Hakam Singh (PW1). On 5.9.2016, ASI Karamjit Singh (PW11) along with other police officials was present at Railway Crossing, Bhucho Mandi, in connection with patrolling and checking of suspicious persons. There, complainant Gurtej Singh along with one Makhan Singh met them and got recorded his statement. The statement is read as under:-

"Stated that I am the resident of above said address and do the work of agriculture. Today I and my farm labour namely Jagga Singh son of Pritam Singh, SC resident of Chak Fateh Singh Wala went to our field Hazuri wala for roaming which is adjoining to minor canal coming from Rampura to Kotfatta where paddy is growing. It was the time of about 10:30 hours morning. When I and my farm labour Jagga Singh went towards path of minor canal in front of our paddy field then one dead body smeared with blood of unknown young person was lying as mouth downwards on path of minor canal in front of our field. Many injuries were in his head and head was as crushed. Age of unknown young person is between about 20 to 25 years, height is 5 feet, blue colour jean trouser and red colour T shirt are worn by him. Any unknown persons have thrown away the dead body after inflicting injuries in his head and committing the murder of this unknown young man. In this regard, I have informed Makhan Singh Panch of our village. I, after leaving Jagga Singh farm worker near dead body of unknown person and taking along Makhan Singh Panch was coming to police station for giving the report. You have met. I have got recorded my statement with you. Heard and same is correct. Appropriate action be taken."

3. On the basis of above statement Ex. P/1, the formal FIR Ex. P11 was registered.

Police Investigations

4. After recording the formal FIR, ASI Karamjit Singh visited the spot, from where, he lifted the blood stained earth and simple earth along with blood stained torn parna and these were converted into separate parcels and all parcels were sealed with the seal impression 'KS'. Sample seal was separately prepared and was handed over to HC Rajiv Kumar. Rough site plan of the place of occurrence (Ex. P/12) was prepared. The inquest proceedings Ex. PW6/G were also carried out. Thereafter, he made an application Ex. PW6/A to the Chief Medical Officer for conducting the post mortem of the unknown dead body. After conducting the post mortem, the dead body was kept in mortuary for identification. Thereafter, one Raj Kaur wife of Lakha Singh and her brother Bogha Singh came there and both identified the dead body to be that of son of Raj Kaur namely Gurtej Singh alias Kala. Statements of Raj Kaur and Bhoga Singh, Ex. P/15 and Ex. P/16 were recorded under Section 161 Cr.P.C. In her statement, Raj Kaur has stated that on 4.9.2016, her son Gurtej Singh alias Kala went from their home at Bhuchu Mandi on Scooty for some domestic work. When her son did not come back, she informed her brother Bogha Singh. On 6.9.2016, when they were going to lodge a police complaint, they came to know from the police officials that on 5.9.2016, a dead body of one unknown young man has been recovered from the path of minor canal in the area of Chak Fateh Singh Wala and was presently lying in Mortuary