IQBAL SINGH Vs. STATE

JUDGEMENT

(1.) The present criminal appeal under Sec. 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dtd. 3/5/2011 passed by the learned Additional Sessions Judge, Sangaria District Hanumangarh in Sessions Case No.01/2011 whereby the appellant has been convicted for the offence under Sec. 302 IPC and sentenced to undergo life imprisonment with fine of Rs.2000.00, in default of payment of fine to further undergo two months simple imprisonment.

(2.) Brief facts necessary to be noted for disposal of the appeal are that on 16/10/2010 Kuldeep Singh (PW1) who is son of deceased Kaka Singh lodged an oral complaint stating therein that on 16/10/2010 at around 12'O clock in the afternoon, Iqbal Singh called his father on his mobile number and asked him to come to Malarampura on the pretext of some urgent work. His father went there. At that time, his sister Paramjeet Kaur and brother-in-law Avtar Singh were also present at their house. At around 3:00 pm, he and his brother- in- law went to meet a mechanic at Malarampura. While they were standing at the shop of the mechanic, at around 3:30 pm some persons told them that Kaka Singh of Bajitpura was being assaulted by accused appellant Iqbal Singh near Dera of Baba Balaknath. They immediately rushed to the spot. On reaching the place of the incident, they saw that Iqbal Singh was inflicting injuries with an iron pipe upon his father who was lying on the floor. The accused-appellant was shouting that since he got arrested by the Punjab Police in an opium case at the instance of the Kaka Singh, therefore, he would not spare him. When he raised hue and cry, the accused appellant fled away from the place of the incident. Jahaj Singh @ Amar Singh and other persons came to the spot. The police also reached the place of the incident. He was served a glass of water and soon after, he was taken to the Hospital in a Jeep where the doctors declared him dead. While Kaka Singh was taken to the Hospital in the jeep, Kaka Singh told that the accused appellant was on enmical terms with him as he had got the accused appellant arrested by the Punjab Police at his instance in an opium case.

(3.) On this complaint, a formal F.I.R. No.523/2010 was registered at Police Station Sangaria District Hanumangarh for the offence under Sec. 302 I.P.C. against the accused-appellant. After conclusion of investigation, the police filed chargesheet against the accused-appellant charging him for the offence under Sec. 302 of I.P.C.