MOHINDER SINGH Vs. STATE

JUDGEMENT

(1.) The accused who will hareafter be referred to as the appellant, is a young man of about 22 years of age. He has been working as a carpenter and residing in Delhi for quite some time before the occurrence which has now led to his being charged with the murder of Santokh Singh, a timber merchant of Lakkar Mandi, Naraina, Delhi. He was tried by an Additional Sessions Judge and was convicted for an offence punishable under Section 302 I PC and was sentenced to death. The case has come up before us for confirmation of the death sentence. The appellant has also filed an appeal against his conviction and sentence. The Murder reference and the appeal have both been heard together.

(2.) The appellant was not represented by a counsel and was assigned a counsel at the expense of the State. Shri Rameshwar Dial, a retired District and Sessions Judge was asked by us to accept the brief. This court is grateful for the industry bestowed by the learned counsel and for the conspicuous ability with which the case has been argued before us.

(3.) The prosecution case against the appellant is that Gian Singh (PW12) and the appellant were partners in their work as carpenters. They worked together for more than two years with different timber merchants of Delhi. They also worked for Santokh Singh deceased for over four months before they went over to work for Narainder Pal Singh (Public Witness 13), who found their work un-satisfactory and therefore asked them to quit. A dispute arose between the two carpenters on the one side and Narainder Pal Singh on the other over the payment of wages. The matter was referred to Santokh Singh deceased who made an oral award. According to the prosecution, the award left the appellant resentful against the deceased. On April 16. 1970. Narainder Pal Singh made the payment at the shop of Santokh Singh deceased and obtained a receipt. Gian Singh accepted the payment and so did the appellant, but the latter felt that Santokh Singh had been un-just to them in denying them a substantial part of their claim.