MOHAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) This is a criminal appeal from a conviction under Section 302 of Indian Penal Code, sentencing the appellant to death. The case is also before us for confirmation.

(2.) The murder is said to have taken place on the 7 of February, 1916, but it is the prosecution case that the accused has been absconding all this time and hence the delay to bring him on his trial.

(3.) The case for the prosecution is that-there was enmity between the appellant Mohan Singh and the deceased Baldeo Singh; as well as between the deceased and one Bhagwant Singh. Bhup Singh was a distant relation of these people, and it is said that his wife or mistress had died shortly before the murder and there was a shradh ceremony going to be performed. Bhup Singh had; invited these men, and Mohan Singh and Bhagwan Singh had refused to join the-ceremony unless Baldeo also went there. Ultimately Baldeo consented to go to the ceremony. Mohan Singh, Bhagwan Singh and Baldeo Singh started together, accompanied by Shib Singh, who was then a boy of 14 years When they god near the village in question they met Bhup Singh and also one Purni barber and Jiawan, a washerman. It is said that in anticipation of the ceremony they had to get their heads shaved. While Baldeo Singh was being shaved Mohan Singh got up and struck lathi blows on his head which felled him to the ground. Bhagwan is also said to have given some lathi blows; and ultimately Mohan and Bhagwan both ran away. Baldeo Singh died very probably on the spot.