AMAR SINGH BAKHTAWAR SINGH Vs. STATE

JUDGEMENT

(1.) In Sessions Trial No. 5 of 1954 the Sessions Judge, Ludhiana, has convicted Amar Singh under Section 302 and Section 307, Penal Code, hereinafter referred to as the Code and to suffer rigorous imprisonment for seven years under Section 307 of the Code, sentence of imprisonment to take effect if the sentence of death is not confirmed.

(2.) Amar Singh appeals under Section 410, Criminal P. C., from his conviction and the sentence imposed upon him & proceedings under Section 374, Criminal P. C., are before us for the confirmation of the sentence of death imposed upon him.

(3.) In Sessions Trial No. 5 of 1954 the motive for the crime was stated to be that Amar Singh accused felt that he was not being given his share of the produce of the joint land by Balwant Singh P. W. 4. In July, 1953 there was a quarrel between Balwant Singh P. W. 4 on the one side and Amar Singh accused on the other side when Balwant Singh gave two or three 'khunds' blows to Amar Singh. On that occasion Jiwan Singh intervened and separated the parties. On the date of the occurrence Amar Singh seeing Balwant Singh P. W. 4 and Mst. Mohinder Kaur P. W. 5 taking tea in the early hours of the morning shouted that while they were having good things to eat he was being given nothing.