SATPAL Vs. STATE

JUDGEMENT

(1.) The appellant-Satpal has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for having committed murder of Ayub by hitting him with a stone on 9 th December, 1987. The impugned judgment passed by the learned Additional Session Judge dated 12 th August 1998 and order of sentence dated 17 th August, 1998, in S.C. No. 72/1996 arise out of FIR No. 238/1987, Police Station, Seema Puri.

(2.) The case of the prosecution in brief is that on 9 th December, 1987 the deceased Ayub at 3.30 p.m. was at the water tap in the gali and had put his bucket under the tap for filling water. Ram Bharose, a coaccused, who used to reside nearby asked Ayub to remove his bucket. Ram Bharose threw the bucket of Ayub and put his own bucket under the tap. There was a fight between Ayub and Ram Bharose. On hearing noise, many persons from the public assembled. Habibullah, PW-5 and his wife Zarina Begum, PW-3 came forward to separate them. The deceased Ayub was living with them and Ayub was brother of Zarina. In the meanwhile, Satpal arrived at the spot and he threw a stone at the head of the Ayub. Ayub fell down unconscious and blood started oozing out from his head. Habibullah, PW5 took him to the hospital where he died on 10 th December, 1987 at 10.20 p.m.

(3.) Homicidal death of Ayub stands proved and established by PW1, Dr. V.P. Arya. He opined that on 9 th December, 1987 at around 4.50 p.m., Ayub, aged 27 years, was examined by him. He had sustained injury on left parietal region of the skull measuring 1x3 cm. The said injury was caused by a blunt weapon. The MLC has been proved and marked as Exhibit PW1/A. In his cross-examination, he had stated that the appellant Satpal was brought in an injured state and was examined by another doctor Dr. J.S. Purty. He had contusion on the forehead 1 1/2 inches in size. The MLC of the appellant was exhibited as PW-1/DA. The post mortem of Ayub was conducted by Dr. George Paul, PW-2. He had stated that the head region of the Ayub was shaved on the left side and blood was coming out from the nostrils and mouth. The deceased had number of minor injuries and one stitched lacerated wound 3 cm with abrasion around in 4x2.5 cm present in the left temporo-parieital region of scalp. The cause of death was due to extensive cranio-cerebral damage as a result of the injury on the head by a blunt object.