HARDAYAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant, Har Dayal, aged 26 years, was tried and convicted for the murder of Rajendra, a boy of 10 or 11 years, by the Sessions Judge, Orai and sentenced to death. He was also convicted on the allied counts under Sections 364 and 201. Penal Code, and sentenced to 4 years' and 2 years' rigorous imprisonment, respectively. Hardayal's appeal has been dismissed by the High Court of Allahabad, and the sentence of death awarded to him, has been confirmed. He has now come in appeal before us by special leave under Article 136 of the Constitution.

(2.) The facts of the prosecution case, as they emerge from the record, are as follows: Lok Chandra (P. W. 13), is a resident of Karyana, Kuli Bazar, Kanpur. His mother, Muniya Devi (P. W. 4) and father, Budhi Lal, (since deceased) have been residing separately from him in Kakori Mohalla, Kanpur. Smt. Shanti (P. W. 12), the sister of Lok Chand was married to the appellant sometime in June 1070. The appellant was given to wine and gambling. He frequently beat and maltreated Smt. Shanti. Consequently, she started living with her parents at Kanpur. The appellant made several attempts to take her back to Konch where he was residing. Each time the parents refused to send the unwilling wife back to the matrimonial home. The appellant then tried trickery. He sent a letter from Konch that his mother was seriously ill and that his wife should come to Konch immediately. When this letter did not bring any result, he sent a second letter around 24th February 1971 saying that his mother had died on the 18th February 1971 and that his wife should be sent to Konch. These letters were addressed to Kunj Behari, another brother of Smt. Shanti. On this occasion, his inlaws sent Smt. Shanti along with Kunj Behari to Konch. On reaching there they learnt that the appellant's mother was very much alive and the letter was only a ruse. Kunj Behari and his sister stayed for the night at Konch in the house of another relation and returned to Kanpur on the following day and apprised their parents about the falsity of the information sent by the appellant.

(3.) On March 5, 1971, the appellant came to the house of his parents-in-law at Kakori Mohalla, Kanpur in the evening, and tried to persuade them to send Smt. Shanti, with him. Shanti's parents refused saying that she was unwilling to go back to him. Incensed, the appellant went away, uttering a threat that for this refusal they would repent for the whole of their lives.