Research › Search › Judgment

Himachal Pradesh High Court · body

2015 DIGILAW 583 (HP)

Mandeep v. State of H. P.

2015-05-22

RAJIV SHARMA, SURESHWAR THAKUR

body2015
JUDGMENT Justice Rajiv Sharma, J. Since both the appeals have arisen from a common judgment, the same were taken together for hearing and are being disposed of by a common judgment. 2. These appeals are directed against the common judgment dated 19/30.10.2012, rendered by the learned Addl. Sessions Judge, Hamirpur, H.P., in Sessions Trial No. 16 of 2011, RBT No. 7 of 2012, whereby the appellants-accused (hereinafter referred to as the “accused”), were charged with and tried for offence punishable under Sections 302 and 120-B IPC. Appellant Mandeep, in Cr. Appeal No. 469 of 2012 was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 25,000/- under Section 120-B IPC. Appellant Yog Raj alias Raju in Cr. Appeal No. 4029 of 2013 was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- for the offence punishable under Section 302 IPC and to further undergo imprisonment for life and fine of Rs. 25,000/- for the offence punishable under Section 120-B IPC. 3. The case of the prosecution, in a nut shell, is that deceased Subhash Verma son of Sh. Shingar Singh Verma was a Govt. Contractor and executing construction work of IPH Sub Division Office Building at Village Gharyana Brahmana, Distt. Hamirpur, H.P. pursuant to an award of construction by the Ex. Engineer, Hydrology Construction and Maintenance Division, Chakkar, Distt. Shimla, H.P. The construction work commenced w.e.f. 13.5.2010. The deceased Subhash Verma had engaged accused Mandeep as a sub-contractor to execute the electrical fitting and paint work in the building. The accused Mandeep was not performing the job to the satisfaction of the deceased and due to deficiency in his work, his payment had been withheld by the deceased, due to which he was nursing grudge against him. Accused Mandeep on the basis of telephonic conversation with the deceased, knew that he will be visiting the construction site to supervise the work on 12.5.2011. On 11.5.2011, the accused persons hatched a criminal conspiracy to eliminate the deceased and in pursuance of the agreement, committed his murder on 12.5.2011 at 8:45 AM inside the under-construction building. The accused Mandeep visited the construction site on 12.5.2011, at about 7:00 AM to confirm the visit of the deceased where he met the complainant Dhani Ram being a mason who was working overtime in the building. The accused Mandeep visited the construction site on 12.5.2011, at about 7:00 AM to confirm the visit of the deceased where he met the complainant Dhani Ram being a mason who was working overtime in the building. The deceased Subhash Verma came to the construction site in his Car No. DL-6CG-5791 at about 8:15 AM and met the complainant Dhani Ram, who told him about the visit of accused Mandeep in the morning. At about 8:33 AM, the deceased and the accused Mandeep had a telephonic conversation and after about 10 minutes, he came on the spot on his motorcycle. The deceased Subhash Verma expressed his dissatisfaction with the electrical fitting and paint work done by the accused Mandeep. The deceased also refused to make the payment till the deficiency was made good. Thereafter, the accused Mandeep left the spot angry. Accused Mandeep shortly thereafter returned back alongwith accused Yog Raj alias Raju duly armed with a baseball bat. The mason Dhani Ram (complainant) had left the spot by that time. On reaching the construction site, the accused Mandeep stood guard outside near the Santro Car of the deceased and accused Yog Raj went inside the building armed with the baseball bat and hit the contractor Subhash Verma on his head, due to which he fell down unconscious and sustained fatal injuries. The accused Yog Raj alias Raju took out the keys of the Car and purse from the pocket of the deceased and thereafter came out of the building running towards the vehicle. The accused Yog Raj tried to start the Car of the deceased but on seeing the complainant Dhani Ram and one Sanjeev Kumar coming on the spot, both the accused left the vehicle and ran towards the path through the bushes alongwith the weapon of offence. The complainant Dhani Ram and Sanjeev Kumar on seeing the accused persons running from the spot alongwith the baseball bat, went inside the building and saw the contractor Subhash Verma lying unconscious and injured inside the room with head injuries. The complainant immediately called for the Ambulance and took the injured Subhash Verma to RH Hamirpur. Injured Subhash Verma was examined by Dr. Sanjeev Krishan Dhiman. Subhash Verma died due to injury received by him at 12:05 PM. Inquest papers were prepared. Viscera for chemical examination was preserved. The dead body was handed over to the relative Pankaj Dhadwal. The complainant immediately called for the Ambulance and took the injured Subhash Verma to RH Hamirpur. Injured Subhash Verma was examined by Dr. Sanjeev Krishan Dhiman. Subhash Verma died due to injury received by him at 12:05 PM. Inquest papers were prepared. Viscera for chemical examination was preserved. The dead body was handed over to the relative Pankaj Dhadwal. Statement of Dhani Ram under Section 154 Cr.P.C. was recorded, on the basis of the disclosure of facts by the complainant, case under Section 302/34 IPC at PS Hamirpur Sadar was registered vide FIR No. 105/11 dated 12.5.2011. The spot was visited and photographs were taken by the police. Blood stains from the room were preserved. Santro Car was taken into possession. The accused were arrested. On 13.5.2011, accused Yog Raj made disclosure statement to the effect that he had concealed the baseball bat and could facilitate its recovery. The baseball bat was recovered at Garne-Da-Galu. It was measured and taken into possession by the police. The baseball had blood stains. On 14.5.2011, accused Yog Raj made another disclosure statement to the effect that he had concealed the keys of Car and clothes worn by him at the time of murder in his house and could facilitate its recovery. The clothes and keys were recovered vide separate memos. On 16.5.2011, accused Mandeep made disclosure statement to the effect that purse (wallet) of deceased Subhash Verma containing documents etc. has been concealed in his residence and he could facilitate its recovery therefrom. The same was recovered. It was sealed and taken into possession. The memo was signed by accused and two independent witnesses R.S.Chandel and Baljeet Singh. The test identification parade of the accused Yog Raj was conducted by the learned Judicial Magistrate, Ist Class (III), Hamirpur at Sub Jail, Hamirpur, H.P., on 25.5.2011. The police also procured the details of mobile numbers 91293-64695 (used by accused Yog Raj), 98167-93665 (used by accused Mandeep) and 93187-33777 (used by deceased Subhash Verma). The subscriber record with respect to mobile Nos. 98167-93665 and 91293-64695, was also procured. The post mortem examination was got conducted. The report of the FSL was received. The investigation was completed and the challan was put up after completing all the codal formalities. 4. The prosecution, in order to prove its case, has examined as many as 33 witnesses. The subscriber record with respect to mobile Nos. 98167-93665 and 91293-64695, was also procured. The post mortem examination was got conducted. The report of the FSL was received. The investigation was completed and the challan was put up after completing all the codal formalities. 4. The prosecution, in order to prove its case, has examined as many as 33 witnesses. The accused were also examined under Section 313 Cr.P.C. They have denied the prosecution case. According to them, they were falsely implicated. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, these appeals on behalf of the accused persons. 5. Mr. A.K.Vashista, Advocate and Mr. Chaman Negi, Advocate for the respective accused, have vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. P.M.Negi, learned Dy. AG, for the State has supported the judgment of the learned trial Court dated 19/30.10.2012. 6. We have heard learned counsel for both the sides and gone through the judgment and records of the case carefully. 7. PW-1 Sanjeev Kumar, deposed that he used to do work of shuttering of contractor Subhash Verma. Subhash Verma met him at Vill. Gharyana Brahmana on 8.5.2011 and told to meet him on 12.5.2011 at Daryana Brahmana. On 12.5.2011, he went to Village Gharyana Brahmana and reached there at 9:00 AM. There was a temple on left side of the path. He offered prayers in the temple and there was also a tiala and he went to the tiala of tree of ‘but’. There was a Santro Car parked on right side on the road. Mandeep Singh was standing adjoining the said vehicle. Mandeep Singh accused was standing nearby the vehicle. Mandeep Singh was seeing towards all sides. There was DL number on the said Santro Car. In the meantime, one young boy came running to the spot from the side of under construction building towards the Car. He identified him as Raju in the Court. He was carrying a baseball bat in his hand. Raju immediately sat in the Car. As soon as Raju sat in the Car, one person came from upper side shouting as Contractor-Contractor and on hearing so, both Raju as well as Mandeep Singh ran towards the path through bushes. He came to know that the person who came from upwards and calling Contractor-Contractor was Dhani Ram, mason. Raju immediately sat in the Car. As soon as Raju sat in the Car, one person came from upper side shouting as Contractor-Contractor and on hearing so, both Raju as well as Mandeep Singh ran towards the path through bushes. He came to know that the person who came from upwards and calling Contractor-Contractor was Dhani Ram, mason. He immediately went inside the under construction building. He alongwith Dhani Ram mason saw Subhash Verma, Contractor lying injured inside a room of the building and there were injuries on his head. Villagers including 3-4 ladies also came on the spot. Subhash Verma was lying unconscious. After about 20 minutes, Ambulance came and Subhash Verma was taken to the hospital. He identified accused Raju in District Jail, Hamirpur. He also identified base ball bat Ext. P-1. He denied the suggestion in his cross-examination that he was shown the bat by the police earlier. He did not raise hue and cry. He did not remember the number of Santro Car. He did not run after Raju and Mandeep Singh nor he attempted to chase them. Volunteered that he never knew about the occurrence initially and he did not raise hue and cry. The accused, according to him, ran away from the spot. He also went to the Jail for identification. He came to Police Station about 5 days after the occurrence. Dhani Ram did not meet him when he came to the police station after the occurrence. Dhani Ram did not accompany him when he went to District Jail, Hamirpur, for identification. When they went to the Jail, they sat at the main Gate and made entry in the register. There were 10-12 persons when he identified the accused. All were standing in a line. They were not asked to walk or run. He did not come to Hamirpur after identification parade in the jail. He went to jail for identification after lunch hours. His statement was recorded on 12.5.2011. He did not see who attached Subhash Verma. 8. PW-2 Ail Kumar deposed that at about 8:30 AM, accused Mandeep came on his bullet motorcycle. He stopped it and had a talk with him. Mandeep told him that he was executing work of the building and then he also went with him on his motorcycle to the under construction house of a Govt. building at Village Gharyana. 8. PW-2 Ail Kumar deposed that at about 8:30 AM, accused Mandeep came on his bullet motorcycle. He stopped it and had a talk with him. Mandeep told him that he was executing work of the building and then he also went with him on his motorcycle to the under construction house of a Govt. building at Village Gharyana. He was introduced to Contractor Subhash Verma and then he also started talking to Dhani Ram Mason. Mandeep and Contractor Subhash Verma were talking about the construction work of the building. Contractor and Mandeep were having normal talk about work of the window. They were saying that work of the window was not satisfactory. Thereafter, he and Mandeep came from there on the motorcycle of Mandeep. He was declared hostile and cross-examined by the learned P.P. He admitted that when they came from the spot, they met a person on the road. That person was not personally known to him. He could not say that his name was Yog Raj alias Raju. He did not identify Raju in the Court. 9. PW-3 Gurdev Jagota, deposed that he alongwith Up Pradhan Baljeet Singh went to the spot. On reaching, they saw that the Contractor was lying unconscious in a room of the under construction building. The employees of I & PH department told him that the name of Contractor was Subhash Verma. Ambulance came on the spot. Dhani Ram was working as labourer in the building. The police came to the spot and collected blood stains from the spot and put the same in a vile and the vile was sealed. Memo Ext. PW-3/A was prepared and signed by him alongwith Baljeet Singh and Tara Singh. He was again called by the police to the spot on 13.5.2015. Raju made disclosure statement that he would get danda recovered vide Ext. PW-3/C. It was signed by him as well as Baljeet Singh, Up Pradhan. Accused got the danda recovered from behind the bushes. It was taken into possession vide memo Ext. PW-3/D. It was sealed in a cloth parcel. He signed the same. On 14.5.2011, Raju made another disclosure statement that he would get recover key of vehicle and clothes which he had kept in his house vide Ext. PW-3/E. 10. PW-4 Tara Chand, deposed that the accused got the danda recovered vide memo Ext. PW-3/B. The danda is Ext. P-1. 11. He signed the same. On 14.5.2011, Raju made another disclosure statement that he would get recover key of vehicle and clothes which he had kept in his house vide Ext. PW-3/E. 10. PW-4 Tara Chand, deposed that the accused got the danda recovered vide memo Ext. PW-3/B. The danda is Ext. P-1. 11. PW-5 Ashwani Kumar, deposed that the accused Raju handed over the keys which were taken from the house on 14.5.2011. 12. PW-6 Rasam Singh Chandel deposed that Mandeep made disclosure statement vide Ext. PW-6/A. It was signed by him and Baljeet. They went to the Village Kohli. Mandeep opened the gate of the house and went into a room and got recovered one purse from below the mattresses from a double bed. 13. PW-7 Kusum Lata Verma is the widow of late Subhash Verma. According to her, on 11.5.2011, her husband came from Shimla in Santro Car. He was executing construction work of I & PH department in Distt. Hamirpur. He came to make payment to the labourers. Her husband was having mobile phone No. 93187 33777. 14. PW-8 Swarup Chand deposed that he was going on the road at Gharyana Brahmana towards I & PH Tank and in the meantime, Dhani Ram was coming running on the road from the tank side shouting that they had to chase the killers of the Contractor. 15. PW-9 Ajay Kapoor deposed that the deceased was his brother-in-law. He had given Car No. DL-6CG-5791 to his brother-in-law. 16. PW-12 Ramesh Chand, has proved report Ext. PW-12/A qua the Car. 17. PW-14 Dhani Ram, deposed that he was employed as mason with I & PH department in construction of a building near Village Gharyana Brahmana. Subhash Verma was executing the construction work as Contractor. He had further assigned the work of electric fitting to some other person and he did not remember his name. On 12.5.2011, he went at about 7:00 AM at the site of construction of the building in order to make holes in the stairs. At that time the person who was executing electric fitting work came there. That sub-contractor asked him about his working there at the early hours and he told him that he was working as over time as he was to go somewhere else to work after 9:00 AM. At that time the person who was executing electric fitting work came there. That sub-contractor asked him about his working there at the early hours and he told him that he was working as over time as he was to go somewhere else to work after 9:00 AM. The paint work was also being done by the same person and he told him that the contractor was not making payment of the work done by him. Thereafter, that subcontractor went away from the site. Contractor Subhash Verma came at the site at about 8:30 AM. After Subhash Verma came there, he was talking to someone on his mobile phone. Sub contractor alongwith another person came there on a bullet motorcycle. He identified the accused in the Court. Thereafter, Subhash Verma and sub-contractor went inside the building. Subhash Verma asked the sub contractor to execute the electricity fitting work correctly as the electricity wires were hanging from the ceiling and then the sub contractor did not say anything. Thereafter, sub contractor alongwith the second person went away on the bullet motorcycle and the contractor Subhash Verma was at the construction site and he went to take meals. After taking meals, when he was going to attend the second work and when he was walking near the water tank, he saw a person alighting from the car of Subhash Verma. He could see that person from his back, who was wearing white shirt and he asked him to stop, but he ran away. He was holding something in his hand, but he could not see his face. He was declared hostile and cross-examined by the learned P.P. In his cross-examination, he deposed that he had went inside the under construction building and saw Subhash Verma lying injured. He shouted that the contractor has been killed. Then, he rushed towards the village and he met a fitter Swarup of IPH department and he told him that one person wearing white shirt had injured Subhash Verma contractor, who was lying inside the building. He also went to village and told Daulat Ram Sharma and other villagers about the incident. The villagers appeared on the spot. He admitted that accused Mandeep was executing electrical work of the building. He identified him in the Court. He also went to village and told Daulat Ram Sharma and other villagers about the incident. The villagers appeared on the spot. He admitted that accused Mandeep was executing electrical work of the building. He identified him in the Court. In his cross-examination by the Advocate on behalf of the accused, he admitted that Mandeep along with other person went away from the site of work at 8:30 AM. He saw only white shirt person for the second time. He came to know about the name of Raju only at the Police Station. 18. PW-15 Rajeev Sharma, told that Subhash Verma asked him to execute the electrical work in the building being constructed by him at different places. He was already over busy and then he introduced Mandeep to Contractor Subhash Verma. 19. PW-16 Dr. Sanjeev Krishan Dhiman examined the deceased on 12.5.2011 at 10:15 AM. He also conducted the post mortem examination. The MLC is Ext. PW-16/B. The post mortem examination report is Ext. PW-16/C. According to his opinion, the deceased died due to head injury (depressed fracture of skull) and injury to brain leading to neurogenic shock and death. He gave his opinion after examining the base ball bat. The depressed fracture could be possible with Ext. P-1 and the injury was sufficient in ordinary course to cause death. 20. PW-17 Bhagirath deposed that his no relative remained subscriber of phone No. 91293 64695. He never filled the form Ext. PW-17/A to become subscriber. 21. PW-18 Kanta Devi deposed that she has not filled form Ext. PW-18/A. 22. PW-20 Const. Anil Kumar has taken the case property to RFSL, Gutkar. 23. PW-21 Devender Verma, deposed that on the request of the police, he issued call details of mobile No. 98167 93665 w.e.f. 1.5.2011 to 12.5.2011 vide Ext. PW-21/A. It was computer generated. 24. PW-22 Madan Lal Sharma, has proved original computerized record of mobile No. 93187 33777 w.e.f. 2.5.2011 to 12.5.2011 vide Ext. PW-22/A. 25. PW-23 Vishal Thakur has proved computerized record of mobile No. 91293-64695 w.e.f. 11.5.2011 to 12.5.2011 vide Ext. PW-23/A. 26. PW-24 Const. Suresh Kumar deposed that at 12:05 PM, an information was received from RH Hamirpur through ASI Bhup Singh, that Subhash Verma Contractor who was brought to the hospital has died. 27. PW-25 HC Sunil Kumar deposed that the case property deposited with him was sent to RFSL Gutkar, Mandi by him. 28. PW-23/A. 26. PW-24 Const. Suresh Kumar deposed that at 12:05 PM, an information was received from RH Hamirpur through ASI Bhup Singh, that Subhash Verma Contractor who was brought to the hospital has died. 27. PW-25 HC Sunil Kumar deposed that the case property deposited with him was sent to RFSL Gutkar, Mandi by him. 28. PW-26 ASI Bhup Singh deposed that he moved an application for preparation of MLC vide Ext. PW-16/A. 29. PW-27 Const. Raj Kumar deposed that the motorcycle was taken into possession alongwith its key vide memo Ext. PW-27/A. 30. PW-28 HC Amar Nath deposed about the articles recovered from the possession of accused Mandeep. 31. PW-29 Yashwant Singh deposed about the articles recovered from the possession of accused Yog Raj. 32. PW-30 ASI Jai Dev deposed that Const. Anil Kumar has brought one statement of Dhani Ram Ext. PW-14/A to the PS, on the basis of which computerized FIR was registered. 33. PW-31 ASI Parveen Kumar deposed that he has collected the information in respect of mobile numbers 98167 93665, 93187 33777 and 91293 64695 from the concerned Nodal Officer of the Airtel. 34. PW-32 SI Rajinder Kumar has recorded the statement of Hari Dass, Sr. Assistant, IPH Office, Shimla. 35. PW-33 Insp. Anant Ram deposed that on 12.5.2011, M.O. R.H. Hamirpur formed PS Hamirpur that a person in an injured and unconscious condition had been brought to the hospital. He visited the spot in a private vehicle. At 12:05 PM, ASI Bhup Singh informed the PS Hamirpur that the person named Subhash Verma has died. Rapat to this effect was registered. The statement of Dhani Ram Ext. PW-14/A was recorded. FIR Ext. PW-30/A was registered. He collected blood stains from the room of Subhash Verma deceased with the help of cotton. Car was taken into possession. The post mortem of the dead body was got conducted. The photographs of the deceased were taken in the hospital. On 12.5.2011, he recorded the supplementary statement of Dhani Ram. He interrogated the accused. The accused Yog Raj made disclosure statement Ext. PW-3/C on the basis of which, baseball bat was recovered. He observed blood on the baseball bat. It was taken into possession. On 14.5.2011, accused Yog Raj made disclosure statement Ext. PW-3/E that he has concealed the keys of car and pants worn by him. These were got recovered by him. The accused Yog Raj made disclosure statement Ext. PW-3/C on the basis of which, baseball bat was recovered. He observed blood on the baseball bat. It was taken into possession. On 14.5.2011, accused Yog Raj made disclosure statement Ext. PW-3/E that he has concealed the keys of car and pants worn by him. These were got recovered by him. Accused Mandeep also made disclosure statement on 16.5.2011 that he could get recover the purse vide Ext. PW-6/A. The purse was got recovered at his instance. The case property was sent to RFSL, Gutkar, Mandi on 18.5.2011. He also got vehicle mechanically examined. During investigation, on 20.5.2011, an application was moved for test identification parade of Yog Raj alias Raju before JMIC, Court No. 3, Hamirpur. It was held on 25.5.2011 in Sub Jail, Hamirpur. In his cross-examination, he deposed that Dhani Ram was first person to reach on the spot. Sanjeev Kumar told him at 3:30 PM on 12.5.2011 that he was eye witness to the occurrence. He recorded the statement of Sanjeev Kumar on 12.5.2011 in his own hand writing. He also deposed that prior to conducting of test identification parade on 25.5.2011, accused Yog Raj remained under muffled face. The identity of the accused was kept secret while taking him at various places. 36. PW-1 Sanjeev Kumar has identified accused Mandeep in the Court. According to him, one young boy came running to the spot from the side of under construction building towards the Santro Car. He identified him as Raju in test identification parade held in the Sub Jail, Hamirpur. According to him, when the accused saw him and heard Dhani Ram, they ran towards the path through the bushes. He and Dhani Ram immediately went inside the under construction building. He alongwith Dhani Ram mason saw Subhash Verma, Contractor lying in injured condition inside a room of the building. He was carrying a baseball bat in his hand. He identified baseball bat Ext. P-1. The test identification report is Ext. PA. It is duly signed by the Judicial Magistrate Ist Class, Court No. 3, Hamirpur. PW-2 Anil Kumar also deposed that at about 8:30 AM, accused Mandeep came on his bullet motorcycle. Mandeep told him that he was executing work of the building and then he also went with him on his motorcycle to the under construction house of a Govt. building at Village Gharyana. PW-2 Anil Kumar also deposed that at about 8:30 AM, accused Mandeep came on his bullet motorcycle. Mandeep told him that he was executing work of the building and then he also went with him on his motorcycle to the under construction house of a Govt. building at Village Gharyana. He was introduced to Contractor Subhash Verma and then he also started talking to Dhani Ram Mason. Mandeep and Contractor Subhash Verma were talking about the construction work of the building. They were saying that work of the window was not satisfactory. Thereafter, he and Mandeep came from there on the motorcycle of Mandeep. It, thus, conclusively proves the presence of accused Mandeep at 8:30 AM at the construction site. Though, he was declared hostile and cross-examined by the learned Public Prosecutor, but in his cross-examination, he admitted that when they came from the spot, they met a person on the road. 37. PW-3 Gurdev Jagota has proved disclosure statement Ext. PW-3/C made by accused Yog Raj alias Raju on 13.5.2011, on the basis of which baseball bat was recovered vide Ext. PW-3/D. He has also proved disclosure statement Ext. PW-3/E dated 14.5.2011 made by accused Yog Raj alias Raju, on the basis of which keys of vehicle and clothes were recovered. The memo of recovery Ext. PW-3/B was signed by PW-4 Tara Chand. He also identified the danda Ext. P-1, which was recovered from the spot and his signatures on danda Ext. P-1. PW-5 Ashwani Kumar has identified signatures on Ext. P-5 parcel. He identified the keys alongwith rings vide Ext. P-6, shirt Ext. P-7 and clothes Ext. P-8 and P-9, which were recovered from the house of the accused Yog Raj. The recovery of purse of deceased from the house of accused Mandeep has been proved on the basis of disclosure statement made by accused Mandeep, vide Ext. PW-6/A. PW-8 Swarup Chand has corroborated the statement of Dhani Ram that Dhani Ram was coming down from the tank road side shouting that they had to chase the killers of the Contractor. 38. PW-14 has supported the case of the prosecution, though declared hostile. He has made statement about the presence of accused Mandeep on the spot on 12.5.2011. He has identified him in the Court. He had seen the other person alighting from the Car of Subhash Verma. The person was wearing white shirt. 38. PW-14 has supported the case of the prosecution, though declared hostile. He has made statement about the presence of accused Mandeep on the spot on 12.5.2011. He has identified him in the Court. He had seen the other person alighting from the Car of Subhash Verma. The person was wearing white shirt. He asked him to stop but he ran away. In his cross-examination by the learned Public Prosecutor, he deposed that he could not say that the person running downward was holding danda but volunteered that he was holding something in his hand. 39. According to the post mortem report proved on record by PW-16 Dr. Sanjeev Krishan Dhiman, the deceased died due to head injury (depressed fracture of skull) and injury to brain leading to neurogenic shock and death. According to him, injury could be caused with the baseball bat shown to him. It has come on record that the accused were in conversation before and after the incident but they had used telephones which were not in their names, as per the statement of PW-17 Bhagi Rath and PW-18 Kanta Devi. Neither PW-17 Bhagi Rath nor PW-18 Kanta Devi have filled in the subscription forms for telephone numbers 91293 64695 and 98167 93665. The call details of mobile numbers 91293 64695 and 98167 93665 w.e.f. 1.5.2011 to 12.5.2011 have been duly proved by PW-21 Devender Verma, PW-22 Madan Lal Sharma and PW-23 Vishal Thakur. 40. The case property and viscera were sent for chemical examination at RFSL, Gutkar, Mandi. The report is Ext. PW-33/P. According to the report, human blood group “B” was found on the exhibit-1 (baseball bat), exhibit-2b (pant, Yog Raj), exhibit 3A (blood lifted from the spot), exhibit 3B (blood lifted from the spot), exhibit 4a (T shirt, Subhash Verma), exhibit 4b (vest, Subhash Verma), exhibit 4d (pant Subhash Verma) and exhibit 6 (blood sample, Subhash Verma). The report has been proved by PW-33 Insp. Anant Ram. The recovery of base ball bat and clothes of accused Yog Raj alias Raju have been proved in accordance with law by the prosecution. The blood group “B” was found on base ball bat and clothes of Yog Raj alias Raju. The blood was also found on the clothes of Subhash Verma deceased. Anant Ram. The recovery of base ball bat and clothes of accused Yog Raj alias Raju have been proved in accordance with law by the prosecution. The blood group “B” was found on base ball bat and clothes of Yog Raj alias Raju. The blood was also found on the clothes of Subhash Verma deceased. The accused Yog Raj alias Raju has been identified by PW1 Sanjeev Kumar in the Court as well as during the test identification parade and he has seen both the accused running from the Car. The test identification parade has been proved vide Ext. PA. The deceased died due to head injury received as per the final opinion given by PW-16 Dr. Sanjeev Krishan Dhiman. The presence of the accused has been proved on the spot by PW-1 Sanjeev Kumar, PW-2 Anil Kumar and PW-14 Dhani Ram. When Dhani Ram PW-14 was shouting and chasing the accused, he was seen doing so by PW-8 Swarup Chand. The presence of the accused on the spot coupled with the alleged recoveries made at their behest conclusively point towards their guilt. The prosecution has proved the entire chain of events, which conclusively proves the guilt of the accused persons. 41. The learned Advocates, appearing on behalf of the accused, have vehemently argued that the case is squarely based on circumstantial evidence and the prosecution has not attributed any motive. However, the fact of the matter is that accused Mandeep was engaged as sub-contractor by deceased Subhash Verma. He was not happy with the work executed by the sub contractor towards electrical fittings and paint. Deceased Subhas Verma had withheld his payment. Thus, the accused have hatched criminal conspiracy, which led to the murder of deceased Subhash Verma on 12.5.2011. The prosecution has proved the case against the accused persons beyond reasonable doubt. 42. Accordingly, there is no occasion for us to interfere with the well reasoned judgment of the learned trial Judge, who has correctly appreciated the evidence. Consequently, there is no merit in these appeals and the same are dismissed.