STATE Vs. NARAINSINGH

JUDGEMENT

(1.) THIS appeal is by Narain Singh who has been convicted by the Civil and Additional Sessions Judge, Dholpur of an offence under sec. 302 of the Indian Penal Code and sentenced to death. The Judge has also made a reference to this court for confirmation of the sentence of death. We propose to dispose of the appeal as well as the reference together.

(2.) THE case relates to the death of Gian Singh which took place in the jungle of Sikri at about mid-day on the 26th of March, 1949. THE prosecution story as disclosed in the court was this. THE deceased Gian Singh contracted illicit intimacy with Mst. Burfi. THE accused Narain Singh also had illicit relations with this woman some 15 years ago. He was then convicted and sentenced to 14 years rigorous imprisonment in connection with another murder. He was released from jail a year or so before the present incident took place on the 24th March, 1949. Soon after his release from jail he began to re-visit Mst. Burfi. THEreupon Gian Singh objected to these visits and the two quarrelled a number of times on that account. THE prosecution case, further, is that on the 24th March, 1949 Gian Singh was grazing cattle in the jungle of Sikri at about mid-day. THE appellant went with a lathi and hit him on the head. Gian Singh raised an alarm which brought three boys to the scene. THEse three boys in their turn shouted with the result that Chetta and others also arrived on the scene. By this time, however, Gian Singh had fallen down injured and Narain Singh was running away.