SUKH LAL Vs. STATE

JUDGEMENT

(1.) THE appellants Shukh Lal, his brother Amin Lal, Sheo Chand and Goni were tried by the learned Sessions Judge of Karnal upon a charge of murder under Section 302 read with 34, Penal code. The learned Sessions Judge con victed all of them and sentenced each of them to death. The convicts have appealed to this Court and their case is also before us for the confirmation of the death penalty under Section 374 Criminal P. C.

(2.) THE charge against the appellants was that they murdered Shrimati Ginao at noon on 2-3-1952. The story for the prosecution briefly is that the deceased who was a widow and in possession of her deceased husband's land fell out with the appellants who are the callaterals of her deceased husband. Of the appellants Sukh Lal and Amin Lal are the next heirs of Ginao's husband and would tharefore take her land after her death. Sheo Chand and Goni are also her collaterals although their degree of relationship is a little remoter. The collaterals wanted to have say in the matter of leasing out the land to tenants and it appears that Shri-mati Ginao was not quite agreeable to their wishes. Section 107, Criminal P. C. proceedings look place between the parties but these cases were compromised on 27-2-1952 i. e. , three or four days before the occurrrence. It was agreed that the deceased should give her land for cultivation to Dalip Singh and Jagir Singh. On the morning of the day of occurrence another quarrel took place between deceased and the collaterals including the four appellants. The deceased said that as the collaterals were getting quarrelsome she would go and seek the assistance of the police. She accordingly left her house for this purpose. She was followed by the four appellants of whom Goni was armed with a hatchet and the others with dungs. She had hardly gone a few yards from her house when the four appellants fell upon her and beat her with their respective weapons. The incident was witnessed by kanihya P. W. 2, Lachhma P. W. 3 and Dalip Singh P. W. 4. Kanihya is an uncle of lachhman P. W. 3. His story is that he was returning home from Narwal when he saw the assault upon the deceased. Lachhman is a servant of Ginao and had been living with her. A suggestion was made at the trial that there was an illicit liasion between Lachhman and the deceased, but whether that be so or not it is admitted en all sides that Lachhman was living with Ginao and was working for her. He was present when the quarrel between her and the collaterals took place. When Giano left for the police station Lachhman and Dalip Singh to whom the land was to be given, according to the agreement arrived at between the parties, left by another route. Lachhman says that he intended to see Dalip Singh off Lachhman and Dalip Singh arrived at the spot where the incident took place and they were also able to see the assault upon Giano.

(3.) THE assailants after killing Giano picked up her dead body and carried it to a well a few yards away. They threw the dead body into this well and then ran away.