SAT PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sat Pal, the appellant herein, and one Des Raj were placed on trial befor the learned Judge, Special Court, Ferozepur for committing the murder of Iqbal Chand in furtherance of their common intention. The trial ended with an order of conviction under Section 302, I. P. C. and sentence of imprisonment for life recorded against Sat Pal and acquittal in favour of Des Raj. Hence this appeal at the instance of Sat Pal.

(2.) According to the prosecution case, Iqbal was a medical practitioner in his village Chak Burwala and, normally, used to come back by 10 p.m. As, on September 20, 1984 he did not return home by then his mother Bishan Devi went in his search and found Sat Pal and Des Raj assaulting him with Kulhari and Kirch respectively in the premises where he used to practice, She immediately raised alarms and attracted thereby her another son Gurdip, who lived nearby reached there, When both of them started shouting the appellants ran away with their respective weapons. Iqbal, however, died in the meantime.

(3.) As Wasawa Ram, father of the deceasad, had gone to village Dilla Ram which was about 20 Kms. from their village, Jaila Singh, uncle of Wasawa Ram, was asked by Bishan Devi to fetch him. After Wasawa Ram arrived in the following morning Bishan Devi, accompanied by him, went to the police station and lodged an information about the incident at 8.30 a.m. On that information a case was registered and investigation was taken by the S.I.Baljinder Singh. He proceeded to the spot, held inquest upon the dead body of Iqbal and after seizing the wearing apparels, sent it for post-mortem examination. He also seized the cot on which his dead body was found and some blood stained earth and made separate parcels in respect of them. He also prepared a rough sketch plan.