Judgment Harjit Singh Bedi, J. 1. This appeal arises out of the following facts : 2. Madan Lal - since deceased, a resident of Sunam, left his business premises on 15th February, 1992 at about 6 a.m. His dead body in a decomposed condition was recovered from the Dhansu canal minor within the jurisdiction of Police Station, Hissar. The dead body was cremated by the Municipal Authorities as an unclaimed one. The accused being an employee of the deceased was arrested and charged for having committed his murder. The prosecution case as set out was that the accused had been employed at the shop of the deceased 7 or 8 years earlier. On 3rd November, 1991, the accused took a loan of Rs. 15,000/- from the deceased and executed a pronote and a receipt Exs. PW7/A and PW7B respectively in token of having received the aforesaid amount. The deceased demanded the amount from the accused repeatedly and was ultimately told that he would arrange the money from his brother-in-law, who was residing in Haryana. On 15th March, 1992, at about 6.a.m, the accused took the deceased from his shop on the pretext that he was taking him to Babbanpur in Haryana for securing the cash to repay the loan. Before they boarded the bus at about 7 a.m. on the same day, they met Sat Pal - PW 5 and they told him that they were going to Haryana for securing the repayment of the loan. The accused, however, came back to Sunam after 20/25 days and on an enquiry made by Satish Kumar-PW 4 son of the deceased, told him that the deceased had gone to see some relations. On 19th March, 1992, Bhani Ram, Chowkidar of the village Dhansu found the dead body of the deceased in the canal minor, on which he went to the police station and made his statement Ex.PJ before A.S.I. Jagbir Singh. The police officer conducted the inquest proceedings and sent the dead body for its post mortem examination. An entry to this effect was also recorded in the D.D.R. The post-mortem examination disclosed that the body was in an advanced stage of de-composition and was clad in a jacket, a white shirt, naswari sweater and white pyjamas. The dead body was sent to the Municipal Committee, Hissar and was cremated as an unclaimed one.
An entry to this effect was also recorded in the D.D.R. The post-mortem examination disclosed that the body was in an advanced stage of de-composition and was clad in a jacket, a white shirt, naswari sweater and white pyjamas. The dead body was sent to the Municipal Committee, Hissar and was cremated as an unclaimed one. On 17th April, 1992, Satish Kumar - PW 4 lodged a report with the police and on its basis, a formal F.I.R. was initially registered under Section 364 of the Indian Penal Code. The accused went to Bimal Kumar - PW 6 and made an extra judicial confession before him. He was arrested on 26th April, 1992 and on interrogation, suffered a disclosure statement and in pursuance thereto, a gold ring was recovered which was identified by Ram Chand- PW 8 as the one he had made for Madan Lai deceased. On 29th April, 1992, the A.S.I. went to village Bhagana, on which Head Constable Bhani Ram produced the clothes of the deceased before him and they were identified by Satish Kumar as being the clothes that the deceased ha when he had last seen him on 15th April, 1992. 3. In order to substantiate the charge against the accused, the prosecution examined inter-alia PW- 1 Mohan Lal Sharma Head Clerk of Municipal Committee, Hissar, who deposed to the effect that the dead body had been cremated as unclaimed and that Satish Kumar - PW 4 had identified the clothes and the watch taken off the body as belonging to his father; PW-2 Dr. Partap Singh, who had conducted the post mortem examination and had found the cause of death to be asphyxia as a result of drowning and had also taken off the clothes aforementioned from the dead body; PW-3 ASI Jagbir Singh who had recovered the dead body and taken into possession H.M.T. Wrist Watch after removing it from the wrist; PW-4 Satish Kumar the first informant and the son of the deceased who was a witness to the motive as also to the last seen evidence; PW-5 Sat Pal who was also a witness to the last seen as also to the motive for the offence; PW-6 Bimal Kumar before him the accused had made an extra judicial confession; PW-7 Ram Lal who was a scribe of the pronote and the receipt Exs.
PW7/A and PW-7/B respectively; PW-9 Gurcharan Singh who was a witness to the disclosure statement and the recovery of gold ring at the instance of the accused and PW-12 S.I. Shiv Chand, the Investigating Officer. 4. The prosecution case was then put to the accused as required by Section 313 of the Code of Criminal Procedure. He denied all the allegations and pleaded as under : "I am innocent. I have been falsely implicated in this case. I never worked and served at the shop of the deceased. I was working on the firm of Parkash Chand, Suresh Kumar, Sunam. I never took any loan from the deceased. The police arrested me falsely. On the day i.e. 30.4.1992 when I was remanded to judicial custody by the Court, I was kept in Police Station in Barbandi and my thumb-impressions were obtained on blank papers on that day. An application was moved by my father in this respect". He also examined DW-1 Gursharan Singh, Warden, Central Jail, Patiala and DW-2 Constable Jasbir Singh in his defence. 5 The trial Court observed that the case hinged on circumstantial evidence alone and for that purpose, the Court classified the evidence as (1) motive (2) last seen (3) medical evidence (4) identity of the dead body (5) extra judicial confession and (6) conduct of the accused. The trial Court then enumerated the principles which ought to be followed for a correct evaluation of circumstantial evidence. It held that the motive and the last seen evidence as given by Satish Kumar - PW 4 and Sat Pal - PW.5 stood proved; that the medical evidence proved that the deceased had been thrown into the canal on 15th March, 1992 i.e. on the very day on which, the accused and deceased had left Sunam; that though the dead body was in an advanced stage of de- composition but the identity had been fixed by the clothes and Watch that he had been wearing; that the extra judicial confession made by the accused to Bimal Kumar - PW 6 was also believed and that the recovery of the gold ring from the accused on the basis of his disclosure statement made by him further proved the case beyond doubt. The Court, accordingly, convicted and sentenced the accused to undergo imprisonment for life and to pay a fine of Rs.
The Court, accordingly, convicted and sentenced the accused to undergo imprisonment for life and to pay a fine of Rs. 1000/- and in default thereof, to further undergo R.I. for six months for the offence charged for. Hence this appeal. 6. We have gone through the evidence of the case very carefully. 7. A bare perusal of the F.I.R. recorded on 17th March, 1992 shows that a large number of details that referred to the attire of the deceased and the fact that he was wearing a H.M.T. watch as also a gold ring clearly find mention. Admittedly, the dead body was recovered on 19th March, 1992 i.e. two days after the F.I.R. The evidence of Satish Kumar - PW 4 to the effect that he had identified as belonging to his father the clothes and the H.M.T. watch taken off his wrist and the gold ring recovered on the disclosure statement made by the accused, clearly identified the dead body as being that of Madan Lal deceased. The last seen evidence of Satish Kumar as also Sat Pal to the effect that they had seen the two together on 15th March, 1992 also provides a link in the chain of circumstances against the accused. The motive part is also clearly spelt out from the evidence of the aforesaid witnesses and also from the pronote and the receipt duly proved by PW-7 Ram Lal. The extra judicial confession made to Bimal Kumar - PW 6 and the recovery of the gold ring worn by the deceased on the basis of a disclosure statement made by the accused completes the chain of evidence against him. We are, therefore, of the opinion that there is no merit in this appeal. It is, accordingly, dismissed.