SAT PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sat Pal filed this appeal to challenge the judgment dated 22.3.2002 rendered by Sessions Judge, Jalandhar in case FIR No.612 dated 5.11.2000 in Sessions Case No.13/2001, whereby he was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs.5000 and in default of payment of fine, to further undergo RI for a period of three months. Prosecution story, in brief, is that on 5.11.2000, dead body of a lady was noticed in the area of village Wadala by Harbhajan Lakha, Sarpanch, then he reported to Police Station Division No.7 regarding the dead body of one lady lying in the area of village Wadala. Statement of Harbhajan Lakha Ex.PG was recorded by the police, on the basis of which formal FIR was recorded. Gurvinder Singh, SI, SHO as per information by Harbhajan Lakha had gone to the spot, where dead body was lying. Inquest report Ex.PC was prepared. Photographer was arranged. Photographs of the dead body were got clicked. Dead body was sent to the hospital for post mortem examination. Rough site plan with correct marginal notes was prepared.

(2.) On 6.11.2000, SI, Gurvinder Singh along with the party had gone to Civil Hospital, Jalandhar, where Constable Avtar Singh and Constable Parminder Singh had produced the post mortem report along with police papers and the clothes worn by the deceased. Clothes were made into sealed parcel sealed with the seal bearing impression `GS' and the sealed parcel was taken into police possession vide memo Ex.PS attested by the witnesses. On 12.11.2000, photographer had produced the photographs with the negatives before the Investigating Officer and the same were taken into police possession.

(3.) On 8.12.2000, Hira Singh had identified the dead body from the photographs as of Parkash Devi. On 12.12.2000, as per secret information, police party headed by SI, Gurvinder Singh had apprehended the accused while present near Bus Stand Jalandhar. On personal search of the accused, identity card of Parkash Devi was recovered and the same was taken into police possession vide separate memo attested by the witnesses. Cycle recovered from the accused was also taken into police possession vide separate memo attested by the witnesses. On 14.12.2000, accused was interrogated and on interrogation, accused suffered disclosure statement that he has kept concealed a datar in the area of Nakodar. He knew about the same and could get the same recovered. In pursuance of the disclosure statement, accused got recovered datar from the specified place. Sketch of the datar was prepared and the datar was made into a sealed parcel. Sealed parcel was taken into police possession vide separate memo attested by the witnesses. Case property was deposited with the incharge of malkhana. After the completion of investigation, accused was challaned.