Abdul Sattar vs Union Territory, Chandigarh on 24 September, 1985

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     On October 15, 1975, the appellant came to the house of Sardar Ali where was present and suggested to the deceased that he may a company him to Chandigarh for light refreshment. Appellant and Sardar Ali left for Chandigarh in the afternoon by cycle indicating to that Sardar Ali would return by 8 or 9 P.M. They reached the general bus stand at Chandigarh and left the cycle at: the stand. From there appellant took Sardar Ali on his motorcycle to Joginder Singh's shop at Khumano. They reached there around 8 p.m. By then both of them had taken liquor and entertained them with more liquore and told him that Sardar Ali was now under the influence of liquor and the opportunity of killing him may not be lost. It is alleged that dissuaded him from doing so whereupon the appellant pointed out that his brother Rakha would make all arrangements and there was nothing to be afraid of. From there all the three went on motorcycle to Bhakra Canal side. Around, 10 P.M. after they had got down from the motorcycle, the appellant took out a plastic string from the basket of the motorcycle and put the same around the neck of the deceased and made him lie on the ground and sat upon his chest. To have held his legs while the appellant throttled him to death. The pant and the shirt worn by the deceased were removed and the dead body was pushed into the canal. The pant and shirt of the deceased were concealed in a burrow pit near about the locality where the deceased was murdered.

    The appellant had been convicted Under Section 302, I.P.C.  and was sentenced to death by the learned Additional Sessions Judge, Chandigarh. The death sentence has been commuted to one of imprisonment for life by the High Court. The appellant was also convicted for offences Under Sections 364 and 201I.P.C.  but no separate sentences have been awarded either by the trial Court or by the High Court.


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