SOHAN SINGH NAND SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a jail appeal by Sohan Singh aged about 45 or 46 years, who has been convicted by learned Sessions Judge, Ludhiana under S. 303, Indian Penal Code, and sentenced to death. The matter is also before us for confirmation of the death sentence under S. 374 of the Code of Criminal Procedure.

(2.) THE prosecution case is that Sohan Singh accused was convicted in a case under S. 302, I. P. C. by sessions Judge, Ludhiana on 20th Mar. 1952 and was sentenced to transportation for life. After the accused has gone a sentence of a little over ten years the Government made conditional order, copy of which is Exhibit P. M. , on 31st October 1961 remitting the unexpired portion of the sentence of the accused. The unexpired portion of the sentence was five years and twenty-six days. One of the conditions contained in the order was that the prisoner would furnish security in the sum of Rs. 10,000/- with two sureties in the like amount for keeping the peace and being of good behaviour during the term of the unexpired portion of his sentence. It was further provided that in case any act of violence was reported on the part of the accused, the remission granted to him would be cancelled and he would have to serve the unexpired portion of his sentence in the Jail. The accused was, accordingly, released from Jail on 29th June 1962.

(3.) THE accused was married to Shrimati Basant Kaur daughter of Shrimati Ram Rakhi, and had three sons from her. Shrimati Ram Rakhi had purchased in lieu of her claim an evacuee house in Jagraon on the name of her daughter Shrimati Basant Kaur. The accused along with his wife and sons used to live with Shrimati Ram Rakhi in that house and also ran a shop in a front portion of that house. The accused was of spendthrift habits and consequently his relations with his mother-in-law Shrimati Ram Rakhi, from whom he used to demand money, were not quite cordial. Likewise, the relations of the accused with his sons were not happy.