BHIM SINGH RUP SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The learned Additional Sessions Judge, Greater Bombay, acquitted the appellant of the charge that he had committed the murder of his wife's brother, Narayan. Setting aside the order of acquittal, the High Court of Bombay has convicted the appellant under Section 302, Penal Code, and has sentenced him to imprisonment for life. The main question which arises in this appeal by special leave is whether the High Court was justified in interfering with the order of acquittal.

(2.) The appellant was married to Lata, sister of the deceased Narayan in 1957. Towards the beginning of 1967 Lata came to Bombay and was staying with her parents at Bhandup. Appellant wanted Lata to go back to him and that led to disputes between him and the deceased. It is alleged that at about 5-30 p.m. on May 12, 1967, the appellant stabbed Narayan while the latter was sitting in a shop called Regal Stores owned by one Ramnath Aurora. Narayan died on his way to the hospital and it was a week later that the appellant was arrested at Rhishikesh.

(3.) Denying that he had committed the murder of Narayan the appellant contended that he was at Kharda, district Ahmednagar, on the date of the incident and that a few days thereafter he had gone to Rhishikesh where he was put under arrest.