MOHINDER SINGH Vs. THE STATE (DELHI ADMN.)

JUDGEMENT

(1.) Mohinder Singh s/o Kamal Singh resident of village Karimuddin Nagar, has been convicted of an offence punishable under Sec. 302 of the Indian Penal Code having caused the murder of his grandfather Saroop Singh vide judgment dated Feb. 27, 1989, of an Additional Sessions Judge, Delhi and vide subsequent order dated Feb. 28, 1989, he has been sentenced to undergo imprisonment for life. He has filed this appeal challenging his conviction and the sentence.

(2.) The case of the prosecution, in brief, is that Swroop Singh was aged about 80 years and was having substantial agricultural land in his name and he has only one son named Kamal Singh but the relations between Sarup Singh and Kamal Singh and Kamal Singh's family members inter se were quite strained inasmuch as Sarup Singh had lodged a criminal case against his son Kamal Singh for offence, inter alia, punishable under Sec. 307 of the Indian Penal Code in which Kamal Singh was acquitted, Kamal Singh had also filed a civil suit against his father Sarup Singh pertaining to the agricultural land. From the house of Kamal Singh certain documents were recovered pertaining to the aforesaid litigation between the father and the son. They are Exs. P10 & P11.

(3.) It is the case of the prosecution that Sarup Singh was living separately in a hut located near a pond in village Karimuddin Nagar. On Dec. 10, 1985, at about 11.45 p.m. Constable Anang Pal PW1 accompanied by Home Guard Constable Zile Singh PW7 and Constable Raj Singh proceeded from Police Station Nangloi for their patrolling duty for the area Rajdhani Park and Amar Colony. At about 1 a.m. in between the intervening night of 10th and 11th Dec. 1985, they had noticed some fire in Karimuddin Nagar and they reached near the pond where they saw one hut in flames and they found the appellant present sitting near the said hut. On being asked as to reason for the said hut being on fire the appellant is stated to have disclosed that he had killed his grandfather Sarup Singh with the help of spade in the said hut and he had set the hut on fire as his grandfather had reduced their fortunes of millions to zero. The fire was extinguished by the constables after bringing water from a well and Mohinder Singh appellant was overpowered at the spot and was found having blood stained clothes on his person. The SHO of the Police Station, namely, Sh. S.S. Bali PW16 had reached the said place and he proceeded to record the statement of Constable Anang Pal which is Ex. PW 1A and he had sent the said Rukka with his endorsement Ex. PW16/A through Constable Udey Singh for registration of a case and FIR No. 432/85 was thus registered at about 2.50 a.m. at the Police Station. The SHO had taken into possession one empty bottle having smell of diesel with one kerosene oil lamp and upper part of the smoking instrument called hukka and sample soil and earth control and one filled bottle of diesel from the place of occurrence. The burnt dead body was also recovered from the said hut which was allegedly got identified from Sahib Singh PW4, and Krishna PW5, relations of the deceased.