STATE OF MADHYA PRADESH Vs. KALU KACHRU KEER

JUDGEMENT

(1.) ACCUSED Kalu son of Kachru Keer of Metwas was convicted by the Sessions judge Ujjain under Section 302 of the I. P. C. and was sentenced to death. The accused has preferred appeal against his con-viction. The proceedings for confirmation of the sentence of death have also been placed before us for consideration. Both the appeal as well as the proceedings for confirmation of the death sentence are being considered together and disposed of by this judgment.

(2.) THE facts of the case as alleged by the prosecution may be briefly stated as under: the houses of the accused and deceased Ratan-singh were close to each other with an intervening lane belonging to Ratansingh. The accused Kalu lived in his house along with his two brothers and mother gangabai. The brothers opened a window in their wall on the side of ratansingh's lane. Ratansingh objected to this and later filed a suit for mandatory injunction for securing closure of the window. This suit succeeded and a decree for injunction as prayed for was granted on 1010-1958.

(3.) RATANSINGH during the pendenay of the suit or even before had agreed to sell his house to Rajaram and had delivered possession of his house to him but no registered deed of sale had been executed and the legal title continued to rest with ratansingh. After delivery of possession of his house to Rajaram, Ratansingh along with his wife Pyaribai went to reside with his sister Sajanbai who had her house just in front of these two houses. This house had a main door opening into the road which used to be lightened by electric light during the night. Inside Sajanbai's house was an Osari and just behind the Osari was a room and just behind the room there is another room. The wall into which the main door of sajanbai's house opened was not too high and could be scaled over. On the night inter- vening 11th and 12th of October 1958 Ratansingh returned from the Mills at nagda where he was working as a labourer at 11 P. M. He then slept in the Osari. His wife had slept in the adjoining room and Sajanbai hud slept at the door of the third apartment just in front of the main door.