SURAT SINGH Vs. THE STATE

JUDGEMENT

(1.) ISHAR , aged 72 years, and his sons, Surat Singh, aged 38 years, and Hoshiara, aged 30 years, of village Lakhan Majra, Police Station, Meham, tehsil Gohana, were tried by the Sessions. Judge, Rohtak, for the double murder of their co -villagers, Rulia and his son, Suraj Mal. The learned Sessions Judge has acquitted Ishar and Hoshiara, but has convicted Surat Singh and sentenced him to death. Against that order of the Sessions Judge, Surat Singh convict has preferred Criminal Appeal 278 of 1969, while Murder Reference 28 of 1969 is also before us for confirmation of the death penalty inflicted on Surat Singh. Both will be disposed of by this judgment.

(2.) BRIEFLY stated, the prosecution story is that about 1 1/2 years before the murders in question, Suraj Mal deceased had made an indecent assault on Shrimati Muchheri, sister of Surat Singh Appellant. Thereupon, a fight took place between the deceased persons, Rulia and Suraj Mal, on one side, and the acquitted accused Ishar and Hoshiara on the other. Respectables mediated and an apparent compromise was brought about. The accused, however, continued to nurse a grudge against the deceased.

(3.) AFTER recording the First Information Report, Sub -Inspector -Kundan Lal proceeded to the spot. He took into possession the shoe, Exhibit P. 8, the empty cartridge cases, Exhibits P. 2 and P. 3, and lead bullet, Exhibit P. 4, and sealed them into separate parcels. He also removed blood -stained earth from two places from the canal bank and sealed them into parcels, - -vide memo Exhibit P.H. He prepared the injury statements, Exhibits PJ/1 and PK/1, and the inquest reports, Exhibits PJ and PK, in respect of the dead -bodies of Rulia and Suraj Mal and sent the same under the escort of Joga Ram and Ved Bharat Constables to Medical College, Rohtak. He also prepared the visual site -plan, Exhibit PS.