SITA RAM Vs. STATE

JUDGEMENT

(1.) This appeal is on behalf of Sita Ram. He was tried by Shri K. S. Sidhu, Additional Sessions Judge, Delhi, along with Mahipal on the charges of abducting, on June 26, 1970, at about 8. p.m., Chameli, wife of Chatar Singh from Jhugi No. J-128, Karampura, Delhi, and for murdering her on the same night at Ganda Nala, Najafgarh, near Devi Ram Park. Thus the charges against the two accused were under sections 364 and 302 read with section 34 of the Indian Penal Code. On May 28, 1971 the learned trial Judge acquitted Mahipal but after finding Sita Ram guilty sentenced him for the offence of abduction to five years rigorous imprisonment and for the offence of murder to imprisonment for life. Both the sentences were, however, directed to run concurrently.

(2.) The appellant is about 21 years of age. Chameli deceased was about 40 or 42 years old. She along with her husband Chatar Singh and a young daughter of about 17 years of age, named Saraswati, used to live in Jhugi No. J-128, Karampura, Delhi.

(3.) Sham Lal, elder brother of Sita Ram, had also been living in the Jhugi of Chatar Singh for about a year and a half before the murder of Chameli. Some months thereafter Sita Ram as well. shifted to that fhugi. As stated by Chatar Singh (P.W. 3) before he came to Delhi he and his wife used to live at Aligarh where Sham Lal had developed illicit relations with Chameli and had openly started living with her. He deposed that it was for this reason that he and his wife came to Delhi but Sham Lal followed and started living with them.