KARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Moradabad dated 24 -4 -1970 convicting the Appellant Under Sec. 302 IPC and sentencing him to death.

(2.) In the present case there is no direct evidence regarding the commission of the crime and the conviction is based entirely on circumstantial evidence. The incident is alleged to have taken place on the night between 14th/15th June, 1969 in the house of one Smt. Moonsra in village Harthala, distt. Moradabad. The person killed was her son namely Kartar Singh, a young lad of 11 years. The lady's husband, one Faqira owned considerable property in the shape of 40 Bighas of agricultural land. His family consisted of himself, his wife namely Smt. Moonga, his two daughters and his son, Kartar Singh. The Appellant Karan Singh was resident of village Pachkaura within the police circle of Amroha, distt. Moradabad. It is alleged that Karan Singh used to visit Faqira and developed illicit intimacy with Smt. Moonga. About one and a half year prior to the present occurrence Faqira had disappeared and had since then not been heard of. It was, therefore, believed that he had probably been killed. After the disappearance of Faqira the Appellant started residing with Smt. Moonga and began cultivating Faqira's land. It is alleged that they were living together as husband and wife. Since the Appellant alone was unable to cope with the cultivation of so much land, after some time he called his young brother, namely Charan Singh for assisting him. Charan Singh was said to be younger, stouter and more handsome than the Appellant and according to the prosecution Smt. Moonga developed illicit intimacy with Charan Singh and in fact, betrayed preference for him in comparison with the Appellant. It is further alleged that the sequel to this partiality was the murder, of Charan Singh himself in the field of village Harthala in the year 1968. The prosecution suggestion is that it was Karan Singh Appellant who was responsible for the murder of Charan Singh as a result of jealousy and the apprehension that the land might go out of his grasp.

(3.) Shortly before the occurrence Smt. Moonga presented an application for mutation of the name of her son Kartar Singh in place of his father Faqira in respect of the agricultural land. Though apparently the application was given in consultation with the Appellant, it is suggested that he really disliked it and was anxious that Smt. Moonga should sell the land so that he may be able to appropriate its proceeds.