A.P.CHOWDHRI, J. - (1.) PREM Singh (27) was convicted by the learned Sessions Judge. Hisar, under Section 302, Indian Penal Code, and sentenced to life imprisonment and a fine of Rs. 1,000/- by order dated 3-3-1988. In default of payment of fine, he has further sentenced to rigorous imprisonment for three months. Through this appeal, the accused has challenged the conviction and the sentence.
(2.) THE appellant was a neighbour of the family of Jarnail Singh PW-1 at village Boda, Police Station Ratia, District Hisar. Jarnail Singh was posted as Sub-Inspector in the Police Department at Delhi. His wife Joginder Kaur PW-4 was living at village Boda with her two sons Baldev Singh deceased (25) and Harvinder Singh (22). The appellant was on visiting terms with the family of Jarnail Singh; His sister sometimes worked at their house and frequently visited them. In fact the appellant and his sister were treated like children by Joginder Kaur PW-4. On April 21, 1987. the appellant went to the house of Joginder Kaur at about noon time and played with the children there. He disclosed that he had acquired an occult art whereby he by recitation of some mantra given to him by his Guru, could double the gold and silver ornaments. Amongst others, this information was passed on to Joginder Kaur PW-4. At about 4 or 5 p.m. the same day the appellant called Joginder Kaur to his house through his sister and told Joginder Kaur that particular day happened to be auspicious and he would be glad to do anything in order to double her ornaments that day. Joginder Kaur, however, told him that she would avail of the offer only in the presence of her son Baldev Singh. Baldev Singh returned from the fields in the evening. The appellant also came to their house soon afterwards. Joginder Kaur disclosed about the claim made by the appellant with a view to seeing the reaction of Baldev Singh. Baldev Singh deceased told his mother that there was no harm in relying on the appellant as he was their close neighbour. Joginder Kaur then brought out four pairs of ear-rings, three pendants and two Karas, all made of gold. The accused told them that he would recite the mantras at some other place in the presence of Baldev Singh. Both the appellant as well as Baldev Singh left the house of the latter at about 7/8 p.m. along with the ornaments.
(3.) AT about 11 p.m. the appellant came and enquired from Joginder Kaur PW-4 as to whether Baldev Singh had returned to the house or not. Joginder Kaur replied in the negative, whereupon the appellant told heir that after the ornaments had been doubled. he had sent Baldev Singh to his house and assured Joginder Kaur that Baldev Singh would be coming shortly. Joginder Kaur kept waiting for Baldev Singh to return the whole night. The accused again came to her house in the morning to enquire about Baldev Singh and on being told that Baldev Singh had not turned up, he told Joginder Kaur that she would suffer the loss of a member of her family or some evil consequence will follow in case she published the fact that Baldev Singh had not come back home.;