KULDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Appeal is against the judgment dated 10th March, 1997. By the judgment the appeal of the appellants against their convictions by the Additional Sessions Judge has been confirmed. Appellants 1 and 2 had been convicted under Section 302 and 120-B, I.P.C. Appellants 3 and 4 have been convicted under Section 120-B read with Section 302, I.P.C. All of them are sentenced to undergo imprisonment for life.

(2.) Briefly stated the facts are as follows: One Sohan Singh and his brother Mohan Singh were staying in different portion of house at Ward No. 35, Old Abadi, Ganganagar. Both of them had practiced as Vaids and were running a medical shop. Sohan Singh was married to one Karnal Kaur. He has two daughters and one son. Mohan Singh was married to Surjeet Kaur i.e. Appellant No. 4. They have three daughters. Mohan Singh expired sometime in 1974. Thereafter, Sohan Singh and his family and Appellant No. 4 and her children continued to stay in the portions of the same house occupied by them earlier. Sohan Singh was found murdered in his own house, in the night intervening 15th and 16th of October 1977.

(3.) It is the case of the prosecution that Appellant No. 1 Kuldeep Singh was earlier a tenant of Mohan Singh. Appellant No. 2, Mahindra Singh is a maternal uncle of Appellant No. 1. Appellant No. 3 Uttam Chand is a friend of Appellant No. 1. It is the case of the prosecution that Appellant No. 1 developed illicit relationship with Appellant No. 4. It is the case of the prosecution that Appellant Nos. 2 and 3 used to visit the house of Appellant No. 4 when Appellant No. 1 was a tenant there. It is the case of the prosecution that Sohan Singh was objecting to the illicit relationship between Appellant No. 1 and Appellant No. 4. It is the case of the prosecution that Sohan Singh was also objecting to Appellant No. 4 wanting to sell off her portion of the house. It was the case of the prosecution that all the four Appellants conspired to cause the death of Sohan Singh and in pursuance of the said conspiracy Appellants 1 and 2 murdered Sohan Singh. It is this case of the prosecution that in pursuance of the said conspiracy Appellant No. 4 got all the family members, including the wife of Sohan Singh, to attend Ramleela which was being played in the village. It is the case of the prosecution that Appellant No. 4 tried to persuade the son of Sohan Singh also to stay back at home but could not succeed in doing so as the son insisted on attending the Ramleela programme. It is the case of the prosecution that Appellant No. 4 accompanied the other family members to the Ramleela festival, but thereafter went away from the Ramleela grounds for some time. It is the case of the prosecution that when Karnail Kaur and other family members asked Appellant No. 4 where she had gone, she stated that as she was not feeling well so she had sat in the open away from the crowd.