JUDGMENT

M.K. Mukherjee, J.- Sat Pal, the appellant herein, and one Des Raj were placed on trial before the learned Judge. Special Court, Ferozepur for committing the murder of Iqbal Chand in furtherance of their common intention. The trial ended with an order of conviction under Section 302 I.P.C. and sentence of imprisonment for life recorded against Sat Pal and acquittal in favour of Des Raj. Hence this appeal at the instance of Sat Pal.

2. According to the prosecution case, Iqbal was a medical practitioner in his village Chak Burwala and, normally, used to come back home by 10 p.m. As, on September 20, 1984 he did not return home by then his mother Bishan Devi went in his search and found Sat Pal and Des Raj assaulting him with Kulhari and Kirch respectively in the premises where he used to practice.

She immediately raised alarms and attracted thereby her another son Gurdip, who lived nearby reached there. When both of them started shouting the appellants ran away with their respective weapons. Iqbal, however, died in the meantime.

3. As Wasawa Ram, father of the deceased, had gone to village Dilla Ram which was about 20 kms. from their village, Jaila Singh, uncle of Wasawa Ram, was asked by Bishan Devi to fetch him. After Wasawa Ram arrived in the following morning Bishan Devi, accompanied by him, went to the police station and lodged an information about the incident at 8.30 a.m. On that information a case was registered and investigation was taken by the S.I. Baljinder Singh. He proceeded to the spot, held inquest upon the dead body of Iqbal and after seizing the wearing apparels, sent it for post-mortem examination. He also seized the cot on which his dead body was found and some blood stained earth and made separate parcels in respect of, them. He also prepared a rough sketch plan.

4. In course of the investigation the appellant was arrested on September 24. 1984 and the shift he was wearing was seized by the Investigating Officer as he found some blood stains on it. He then interrogated the appellant and pursuant to the statement made by him recovered a blood stained kulhari. The other accused was also apprehended and a blood stained kirch was recovered pursuant to his statement. After examining the witnesses and completing other formalities of investigation the Investigating Officer submitted charge-sheet and in due course the case was committed to the Special Court for trial.

5. The motive that was ascribed by the prosecution for the murderous assault on Iqbal was that the appellant suspected liaison between his sister and the deceased.

6. The appellant pleaded not guilty to the charges levelled against him and contended that he had been falsely implicated.

7. To prove its case the prosecution examined five witnesses of whom Bishan Devi (P.W. 3) and Gurdip (P.W. 4), figured as eye-witnesses, Besides, the prosecution tendered the evidence of some police officials, which was of a formal character, through affidavits and also exhibited the reports of the chemical examiner and the serologist.

8. Though P.W. 3 and 4, who narrated the prosecution case as detailed earlier, were subjected to searching cross-examination on behalf of the appellant nothing could be elicited wherefrom it could be said that their version was improbable or unreliable. The F.I.R. that was lodged by P.W. 3 on the following morning also corroborates her evidence.

9. The learned counsel appearing on behalf of the appellant, however, strenuously argued that the unusual delay of about 10 hours in lodging the F.I.R and absence of any satisfactory explanation for such delay makes the entire prosecution case suspect. According to the learned counsel the murder was a blind one and only to falsely implicate the accused persons a story was concocted by the members of P.W. 3s family and F.I.R. lodged on the following morning. The learned counsel submitted that if the uncle of the deceased could cover a distance of 20 kms. to inform the deceaseds father be could hav