JAI SINGH Vs. STATE

JUDGEMENT

(1.) These proceedings arise from the common judgment of the Additional Sessions Judge, Delhi, in sessions cases Nos 6 and 9 of 1966. In the said cases the learned Additional Sessions Judge convicted both the appellants, Jai Singh and Prem Singh, far an offence under section 302 read with section 34 of the Indian Penal Code and sentenced Jai Singh to death, subject to confirmation of the sentence by this Court, but Prem Singh was sentenced to suffer imprisonment for life. Murder reference No. 49 of 1966 is a reference made by the learned Additional Sessions Judge under section 374 of the Code of Criminal Procedure seeking confirmation of the death sentence imposed on Jai Singh. Criminal Appeal No. 93-D of 1966 is the appeal filed by Jai Singh, and Criminal Appeal No. 912-C of 1966 is the appeal submitted by Prem Singh through the Superintendent, Central Jail, New Delhi.

(2.) . Briefly stated, the case for the prosecution is as follows ; - The deceased Faqir Chand Soni was, the Principal of the Commercial College situate in Park Mansion, Darya Ganj Delhi The appellants were working in that college as peons. The appellant Jai Singh entered service earlier. It was at his instance that appellant Prem Singh was appointed by the deceased. On August 9, 1965, the deceased gave to appellant Jai Singh a sum of Rs 42.00 for purchasing ghee for him from Delhi Municipal Co-operative Stores. But Jai Singh returned after a considerable time and reported that no body had picked his pocket and had robbed him of the afore mentioned sum of Rs. 42.00. The deceased did not believe that version. Therefore he asked Jai Singh to show his pocket. At that stage, Jai Singh changed his version and told the deceased that the amount in question had fallen out of his pocket. Then the deceased took Jai Singh to task and reprimanded him. At that time Jai Singh began to behave rudely towards the deceased. This attitude of Jai Singh made the deceased to complain against him to the police. On that complaint Sub-Inspector Kundan Lal came to the premises, where the deceased was running his college, and took into custody Jai Singh. For a time he was kept under confinement. Thereafter, he was challaned under section 107/151 of the code of Criminal Procedure The Court released Jai Singh on bail. On the entreaties of Jai Singh, the deceased re-employed him on August 19,1965, and thereafter he continued to work in the office of the deceased. But all the same Jai Singh enmity towards the deceased, and on August 30, 1965, the two appellants conspired to murder him and accordingly on that evening, after the students and the staff left the premises, they strangled him to death put his dead body in his office room, closed the same and bolted it and locked the two rooms in front of it. Thereafter they came downstairs and sent away on false pretexts Public Witness .28 Man Bahadur, the Chaukidar attached to the college, and Public Witness . 29 Ram Singh, one of the peons attached to that college. After doing so, they left Delhi and absconded till they were arrested several months thereafter. In the early hours of the morning, the wife of the deceased, seeing that her husband had not returned home in the night, sent her son Public Witness . 23 Jugal Kishore and a neighbour to find out where the deceased was. They discovered the dead body of the deceased in the office room.

(3.) It is satisfactorily proved that Faqir Chand Soni was murdered in his college premises on the night of August 30.31, 1965. The evidence of Public Witness -2. Dr. G. C. Mittal conclusively establishes that the deceased was throttled to death. This opinion has not been challenged before us. It is clear from the evidence of Public Witness . 28 Man Bahadur and P.W. 29 Ram Singh, which evidence we accept, that the deceased was alive at about 8.30 p. m. on August 30, 1965. It is equally satisfactorily proved from the evidence of a large number of witnesses that on the early morning of August 31, 1965, the deceased was found dead. On this point we have the evidence of Public Witness . 23 Jugal Kishore, Public Witness . 28 Man Bahadur and several others. Up till this stage, there is no controversy.