DHOOM SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by one Dhoom Singh, aged 20 years, who has been convicted by the learned Additional sessions Judge of Muzaffarnagar under Section 302, I. P. C., for the murder of a 10 years old boy Ranbir singh and sentenced to death. The leference under Section 374, Criminal Procedure Code, for confirmation of the' sentence is also before us.

(2.) Two brothers Baljit P. W. 1 and Chatra lived in separate houses in village Pachenda. The appellant is a son of Chatru. The deceased Ranbir and a 5 years old girl Ranbiri were Baljit's children by a concubine Gangadevi by name. She had deserted him 2 or 3 years previously. Baljit owned 7 bighas of cultivatory land, two houses and 3 heads of cattle.

(3.) The prosecution case is that Baljit fell seriously ill about a fortnight before the occurrence so that his children had to find for their food from house to house. So after about a week of illness he called the appellant and entrusted to him the care of his children and property in case he died, and the appellant began to look after them.