SAT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Satpal who was none other than the brother of the deceased Satbir having been convicted by the trial Court for offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- and in default of payment of fine, to further undergo R.I. For three months has come forward with the present appeal challenging the same.

(2.) It is the brief case of the prosecution that the accused Satpal proceeded to his field for ploughing along with his mother and other brother namely Udai Pal (PW9). The accused Satpal inquired about deceased Satbir. It was replied by his mother and brother that he had been at the house. The further story of the prosecution is that accused Satpal proceeded to the house after the work was over by 2.00 P.M. and having found his brother Satbir lying on a cot, he got enraged and asked him why he had not come to the field. As the deceased Satbir had informed him that he was not prepared to work during summer, Satpal picked up a Kulhari which was lying over there and delivered 3 blows on his neck and as a result of which Satbir died on the spot.

(3.) It was only PW9 Udai Pal, the brother of the deceased Satbir who set the law in motion by lodging the First Information Report. The mother of the accused and the deceased, namely, Bhagwani (PW10) was also examined as one of the ocular witnesses to the occurrence. Unfortunately, PW9 Udai Pal and PW10 Bhagwani turned wholesale hostile to the case of the prosecution.