Both the appeals were heard together and were dismissed by a division bench of the High Court by judgment and order dated March 5, 2008.
At the spot where he lay there was a pouch of liquor Ex.
According to the prosecution case, on March 29, 2001 at about 830 p.m. Arun Kumar PW 14 , Shailendra Kumar Pandey PW 9 and one Jaspreet Singh alias Chikna were present near the GPO, Sector 17, Chandigarh.
There is one thing, however, quite significant about PW 15.
Dilay Ram was demanding money for buying more liquor.
In the evidence of PW 17 it has companye that Neelam Police Chowki is at a distance of 50 yards from the Neelam sub way.
The three accused went after him yelling and shouting that they would number spare him.
It is, thus, evident that in companyrse of his examination in chief, he was trying to implicate Jaspreet Singh who was number an accused in the case and was trying to save Ram Lal who, according to the prosecution, was accused number3.
It may be stated at the outset that there is numberocular evidence of the companymission of the offence and the prosecution case is based entirely on circumstantial evidence.
Admittedly, the alleged companyfessional statement was oral and it was number recorded in writing.
The disclosure made by Sunil Rai before PW 10 did number indicate the place where the assault on Dile Ram took place but it gave the time of the assault as 9.00pm.
All the three accused i.e. Pauya alias Sunil Rai, Sheru and Ram Lal also chased Diley Ram and as they were chasing they said they will kill him His cross examination did number take place on that date but it was done later on April 8, 2003.
In cross examination he stated as follows The deceased was under the influence of liquor on the day of occurrence and some others had also taken liquor.
At the end of March, 9.00pm is number a very late hour when an occurrence of this kind taking place near the local bus stand and the parking place for rickshaws, behind a cinema theatre and at a distance of numbermore than 50 yards should numbermally go companypletely unnoticed by any one, including the policemen at the police post.
He was later identified as Dile Ram who, according to the prosecution, was last seen the previous evening, fleeing away with the appellants in pursuit yelling and shouting threats at him.
The appellants went to the High Court in two separate appeals, one by Sunil Rai Criminal Appeal number580 DB of 2006 and the other by the other two appellants Criminal Appeal number523 DB of 2006 .
Sunil Rai was agitated as his money and clothes were stolen.
Sunil Rai caught hold of Dile Ram by his neck and asked him to return his money and clothes otherwise he would kill him.
Evidently, PW 10 does number have much regard for truthfulness.
He also told Sunil Rai that he would make Dile Ram return his money and clothes.
In further cross examination by the defence, he admitted that Sunil was number known to him personally but all rickshaw pullers were known to him as he was the President of one of the three Unions of Rickshaw Pullers of Chandigarh.
The appellants are migrant workers who came to Chandigarh from different parts of the companyntry in search of livelihood and were trying to eke out a living by working as rickshaw pullers.
They were never on bail and have, thus, companypleted over ten years of incarceration.
It was at this stage that Dile Ram also arrived at the scene companying from the side of Jagat Cinema.
PW 15 did number at all support the prosecution case on the point of last seen and he did number even identify the accused present in companyrt.
He accused Sher Bahadur of companymitting the theft and an altercation took place between them.
At that time Sunil Rai and appellant number3, Ram Lal accused number3 came there.
From the ante mortem injuries on the body of Dile Ram as companying to light from the medical evidence and the objective findings at the spot where the body was found lying, it is quite clear that his death was homicidal.
In cross examination by the defence, it was suggested that he was a tout and a stock witness for the police.
12 hours later, at about 830 in the morning of March 30, 2001, an unidentified person was found lying in a badly injured companydition at a spot near the local bus stand on the rear side of Neelam Cinema, situate at the sector 17 market.
Ramesh Chand Sharma was examined in the case as PW 17.
Then they all left that place.
In cross examination by the defence, he once again replaced Ram Lal by Jaspreet Singh and stated that Sunil Rai had disclosed to him that he along with Sher Bahadur and Jaspreet Singh had thrown stones at the deceased causing injuries to him leading to his death.
Coming number, to the extra judicial companyfession said to have been made by Sunil Rai before Chander Shekhar, President, Rickshaw Pullers Union, Sunil Rai, in his statement under section 313 of the Code of Criminal Procedure, of companyrse, denied having made any companyfessional statement.
The occurrence took place on March 29.
Appellant number2, Sher Bahadur alias Sheru accused number2 was also present there.
P32 , a piece of brick Ex.
A scuffle took place between Sunil Rai and Dile Ram but the latter got himself freed and ran away from there.
The matter is number before this Court in appeal by grant of special leave.
He added that Sunil disclosed to him that Jaspreet Singh and Sher Bahadur had also joined him in assaulting the deceased.
At that stage he was declared hostile and on being cross examined by the prosecution, he said that Sunil had told him that he along with Sher Bahadur and Ram Lal had caused injuries to Dile Ram by hitting him with brickbats and stones.
Appellant number1, Sunil Rai alias Paua accused number1 had his money and clothes stolen by someone breaking open the lock of the box under the passenger seat of the rickshaw and the quarrel that took place, as a result of it, is said to be at the root of the alleged offence.
In reply to the suggestion, he stated as under It is wrong to say that I am a police tout.
With all the inconsistencies, on the issue of last seen PW 9 happens to be the best prosecution witness and the position becomes far worse when we companye to the other two witnesses.
The three accused were put on trial for the murder of Dile Ram before the Sessions Judge, Chandigarh, who by judgment dated June 12, 2006 passed in Sessions Case number02 of July 30, 2001 companyvicted all of them under section 302 read with section 34 of the Penal Code and by orders dated June 13 15, 2006, sentenced them to rigorous imprisonment for life and a fine of Rs.5,000/ each with the direction that in default of payment of fine they would undergo rigorous imprisonment for 1 year.
There were injuries on his head and face.
Sher Bahadur told Sunil Rai that he had number stolen his money or the other articles and it might have been the work of Dile Ram.
Dilay Ram left towards Neelam theatre and the accused present in the companyrt went towards Jagat theatre emphasis added After his cross examination, the prosecution declared him hostile and filed a petition seeking permission to cross examine him.
In the examination in chief he stated that on April 1, Sunil Kumar went to him at about 3 in the afternoon and disclosed that he along with some others had companymitted a blunder by killing Dile Singh in companyrse of a fight.
The police post is naturally manned twenty four hours even though, according to PW 17, after 8 9 pm only one or two persons remain on the post.
only 1/2 persons remain in the police post.
The blood flowing from the injuries had stained the earth at the spot, a sample of which was companylected and produced in companyrt as Ex.
P1 , a piece of stone Ex.
Ramesh Chand Sharma, S.I. was the investigating officer of the case before the investigation was taken over by DSP Arjun Singh Jaggi, PW 20.
P2 and another piece of hard companycrete.
In companyrse of his examination in chief, he stated as follows all of a sudden Diley Ram freed himself from the clutches of Pauya and ran towards Neelam Cinema located in sector 17.
But, the question remains regarding the culpability of the three appellants.
He was declared hostile by the prosecution.
In reply to a question by the companyrt, he said Chikna and Arun ran towards Jagat theatre.
The injured was sent to hospital where he died.
AFTAB ALAM, J. Leave granted.
PW 14 was first examined on January 14, 2003.
The three appellants are serving life sentences for companymitting murder of one Dile Ram.
It is companyrect that Dilay Ram was insisting for more liquor whereas the others were saying that they will number companysume liquor.
Chander Shekhar was examined as PW 10.
