MEMA Vs. STATE

JUDGEMENT

(1.) This is an appeal through the jail by Mema accused, who has been convicted under Sec. 302 I.P.C. and has been sentenced to life imprisonment by the Sessions Judge, Mahasu, vide order dated 30 -6 -1970, for the murder of one Kesing alias Jatlu, son of Tsering Finjo, a Tibetan residing at Anti in Tehsil Jubbal, where he was running a general merchant's shop.

(2.) The accused was also living at Anti. About three months before the date of occurrence, the deceased got Smt. Chhunjame (P.W. 12), younger sister of his wife married to the accused. The accused suspected the fidelity of his wife. According to him she was having an intimacy with Kesing and on that account his relations got strained with his wife. He, therefore, left Anti and returned only on the night previous to the occurrence.

(3.) On the 26th of January, 1970, the deceased asked the accused to accompany him to go out to the jungle to fetch fuel wood. It is stated that it was snowing outside and the accused and the deceased left with a rope.