TORI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the Allahabad High Court. The appellants are father and son and live in village Patrasi. The deceased Sohanlal also lived in the same village. He is said to have been murdered on the morning of December 2, 1959, after sun-rise. About two years before the incident one Sunder had filed a criminal case against the deceased. In that case the present appellants had helped Sunder against the deceased. The deceased was acquitted. One Chetram was a witness for the deceased in that case. Later on, Tori Singh appellant attacked Chetram with a spear and Chetram made a report in that connection against Torisingh. Sohanlal was helping him in that matter, and in consequence there was enmity between Torisingh and his father Budhi Singh, appellants, and the deceased.

(2.) It is said that on the morning of December 2, 1959, the deceased was going to the fields outside the village in order to ease himself. He passed by a platform which is on a cross-road in the village. The appellants were sitting on the platform, Tori Singh carrying a pistol with him. As the deceased passed by the platform, Budhi Singh instigated Tori Singh to shoot him down. Thereupon Tori Singh shot at sohanlal who was hit in the lumber region. Sohanlal then ran towards his house while the two appellants fled away. Sohanlal was thereafter taken to the police station where he made a report against the appellants. He also made a statement before the investigating officer and his dying declaration was recorded by a magistrate. Sohanlal died on December 3, 1959. The appellants had absconded during investigation. They were prosecuted after their arrest.

(3.) The appellants did not dispute that there was bad blood between them and the deceased; but their case was that they were not responsible for this murder and had nothing to do with it.