STATE OF PUNJAB Vs. SATPAL

JUDGEMENT

(1.) STATE of Punjab has filed Criminal Appeal No. 586-DBA of 2003 to challenge the judgment of the learned Additional Sessions Judge (Ad hoc) Patiala dated October 18, 2002 whereby Sat Pal and five others were acquitted of the murder of Thakur Dass Batra. Ashwani Kumar and Manohar Lal were acquitted outright but Sat Pal, Chaman Lal alias Surinder Kumar, Bhim Sain and Darshan Kumar were convicted under Sections 304 Part II IPC. Sat Pal and Bhim Sain were sentenced to the period already undergone by them. Darshan Kumar and Chaman Lal alias Surinder Kumar were sentenced to undergo rigorous imprisonment for a period of four years under Section 304 Part II read with Section 34 of the Indian Penal Code.

(2.) CHAMAN Lal alias Surinder Kumar and Darshan Kumar have filed Criminal appeal No. 1778-SB of 2002 against their conviction and sentence. Kulbhushan Kumar son of Thakur Dass Batra deceased, has filed Criminal Revision No. 467 of 2003 to challenge the acquittal of the six accused.

(3.) ON August 4, 2000 at 10.00 p.m. there occurred a quarrel between two neighbouring shopkeepers at Patran, District Patiala. This led to exchange of abuses and hot words. When Kulbhushan, son of Thakur Dass Batra deceased, along with his brother Subhash Chand and his deceased father were going to close their shop as usual, the owner of the adjoining shop "Goel Sweets" Chaman Lal alias Surinder Kumar remarked that Kulbhushan had abused them. In the meantime Chaman Lal's brother Darshan Kumar punched Kulbhushan on the face. Chaman Lal's other brothers Bhim Sain alias Bhola, Sat Pal and nephews Ashwani and Manohar Lal were also present there. When Thakur Dass Batra and Subash Chand stepped forward to save Kulbhushan the above mentioned persons attacked them. Sat Pal gave a dang blow on Thakur Dass Batra's forehead. Darshan Kumar picked up a khurchana (scrapper) from his shop and with it hit Thakur Dass Batra on the left leg. Bhim Sain and Manohar Lal kept punching Subhash Chand. Sat Pal and Manohar Lal caught hold Thakur Dass Batra from his arms and felled him down. Thereafter Chaman Lal alias Surinder Kumar and Darshan Kumar punched and kicked Thakur Dass Batra on his testicles and in the abdomen. Alarm was raised which attracted Om Parkash, Lekh Raj and Shammi Kumar to the spot. Thakur Dass Batra was released from the clutches of the attackers who managed to escape from the spot with their respective weapons. Thakur Dass was taken to Durga Das Hospital for treatment where he was declared dead.