SAT PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Om Parkash @neelu, his two sons Sat Pal Sattu and Bir Bhan, and Gulzar Singh were arraigned before the Sessions Judge, Bhatinda for the murder of Janta Singh. The trial ended in an acquittal of Sat Pal and conviction of the other three under Section 302 read with Section 34 Indian Penal Code with a sentence of imprisonment for life and a fine of Rs. 1,000. 00 each. While the three convicts filed appeals against their convictions, the State of Punjab filed an appeal against the acquittal of Sat Pal and Bant Singh, the brother of the deceased, filed a revision petition seeking compensation. In disposing of the appeals and the revision petition by a common judgment the High court affirmed the conviction and sentence recorded by the trial court, reversed theacquittal of Sat Pal by convicting and sentencing him to imprisonment for life and a fine of Rs. 1,000. 00 under Section 302/34 Indian Penal Code and directed that the fine if realised shall be paid to the heirs of Janta Singh. Hence these appeals at the instance of the four convicts.

(2.) The prosecution case is that on 5/12/1981 at or about 11.45 a. m. Janta Singh (the deceased) was going to his outer house followed by his brothers Bant Singh and Mukhtiar Singh to guard their cattle. When they had almost reached Bahamanwali Gali (lane) in their village the four appellants suddenly emerged from that gali armed with different weapons, Om Parkash had a dang. Sat Pal a kulhari and Bir Bhan and Gulzar Singh had a gandasa each. Om Parkash raised a lalkara exhorting his companions that Janta Singh should not be allowed to escape. Immediately thereupon Bir Bhan and Guizar Singh gave successive gandasa blows on the head of Janta Singh as a result of which he fell down. While he was lying on the ground both Sat Pal and 0m Parkash gave blows on his neck with their respective weapons. On alarms being raised by Bant Singh and Mukhtiar Singh they fled away from the spot along with their respective weapons. Janta Singh had in the meantime died at the spot. The motive ascribed for the murderous assault was that a few days prior to the incident Om Parkash had been arrested for having been found in possession of opium and intoxicating drugs and he suspected that it was Janta Singh who had given information to the police.

(3.) It is the further prosecution case that Bant Singh then went and informed Zoravar Singh and Jang Singh, the Sarpanch and Chowkidar of the village respectively about the incident. On receiving the information, Jang Singh went to guard the dead body of Janta Singh along with Mukhtiar Singh while Bant Singh accompanied by Zoravar Singh went to Budhlada Police Station to lodge an information. ASI Gurmit Singh recorded the statement of Bant Singh and registered a case. After making arrangement to send a special report to the local Judicial Magistrate, ASI Gurmit Singh went to the spot accompanied by Bant Singh and Zoravar Singh, He held inquest upon the dead body of Janta Singh and forwarded it for post-mortem examination. He prepared a rough site plan, seized some bloodstained earth from near the spot and recorded the statements of Zoravar Singh, Mukhtiar Singh and Jang Singh. In course of investigation he arrested the appellants and pursuant to their statements discovered some lathis, kulharis and gandasas. On completion of investigation he submitted a charge-sheet against the four appellants.