- (1.) SOHAN Singh has been convicted under Sees. . 302, 380 and 457, Indian Panal Code, and has been sentenced to death Under Section 302 and to rigorous imprisonment for three years under each of the Sees. 457 and 380, Indian Penal Code; these sentences of imprisonment to run concurrently. He has preferred this apoeal against his conviction and sentence and the case is also before us for confirmation of the death sentence.
(2.) THE prosecution story has been untied to Harbans Singh P. W. 1 who has turned approver and has been tendered pardon. According to his version he and Sohan Singh accused came to know each other in Toby Jail where they were both lodged together, Haibans Singh was undergoing imprisonment in a case; under the-Opium Act and was released on 27-5-1961. Sohan Single accused had been released four or five days earlier. One day before the occurrence which is the subject-matter of the case before us (the occurrence took piase oh the-night between 7th and 8th June, 1961) Harbans Singh antf Sohan Singh met each other In the Court compound of Tis Hazari Courts. Harbans Singh had gone there to receive back the articles which had been taken from him by the police at the time of his arrest. There be enquired from Sohan Singh if he could suggest to him same-work. To this, Sohan Singh replies that there was at shopkeeper in Sunder Nagar who had m his possession valuables Worth about 1j or 2 lakhs of rupees and that It was worthwhile committing theft in his house. Harbens Singh agreed to join Sohan Singh. The latt also toot the former that a person Suraj Parkash by name who used) to be an employee of the said shopkeeper had given hint this information. After the successful venture a sum of Rs. 1000/would, according to Sohan Singh, have to be given to Suraj Parkash as a reward. They both agreed to meet again on the following day. The following day they met at about 8. 30 P. M. near Odean Cinema and they tried to chalk out a plan for the venture. Irt the meantime they got into a taxi and went to Kotla Mubarkpur and from there to Chandni Chowte where they tiad their meals in a hotel. Thereafter they went to Motl Cinema and saw the picture "jock desh men Ganga Bentl hai". At the close of the picture after met night they both went In the same taxi to Sunder Nagar and stopped it near the market. From there they butts walked to the back side of the shop to be robbed. The taxi was made to wait though they paid the driver a sum of Rs. 13/6/- on account of the fares so far due. After reaching the shop to be robbed Harbans Singh-stayed on one side but Sohan Singh took out a sarya. end removed some bricks from the wattle and made hole therein. Sohan Singh was tire first to go in for Hawed by Harbans Singh. After going In from the hole made In the watt found an entrance door to a house which was locked froes inside. Sohan Singh broke that lock and opened the door. After entering the house they found a room in which there was light, and a lady was awake; a fan was also on. After waiting for some time the two intruders went into the kitchen and tinkled some utensils. As a result thereof, the lady unbolted the door and tried to proceed towards the kitchen. As soon as the door was opened the accused and his companion caught hold of the lady and overpowered her. On her raising the alarm a small girl sleeping in the same room woke up. Ins lady was thrown on the floor and Sohan Singh directed Harbans Singh to manage the lady so that he may look after the child. Harbans Singh thereupon gagged the mouth of the lady and pressed her throat. As a matter of fact, Sohan Singh had also earlier pressed her throat and felled her down. Sohan Singh thereafter caught hold of the child from her throat, felled her on the floor and tied a knot round the child's neck with the lady's dhoti and tightened the noose as a result of which the child's tongue came out on account of strangulation and she stopped crying. In the meantime the lady had also become unconscious. The two intruders then broke open an almirah and also the locks of other boxes and took out gold and silver ornaments. While coming out they also saw a key on the table with which they opened a small safe from which also they took some gold ornaments, two watches and some cash. The ornaments stolen by them were tied in a piece of cloth torn from the petticoat worn by the lady who was lying unconscious. The silver ornaments were: tied by Harbans Singh in his turban. After finishing this job both of them came out and got into their taxi which) was already standing there and proceeded towards Jhandewalan where they paid the taxi driver Rs. 4/12/- and then proceeded to Bholi Shatiar Mahal. There they divided the booty. Two gold karas, one Tagri of silver and some other ornaments the details of which the approver could not remember fell to Harbans Singh's share. The remaining accounts were left to be settled the following day. The ornaments taken by Harbans Singh were sold to Gobind Ram at Chandni Chow for a sum of Rs. 3,280/- in respect of which an entry was made in the purchaser's bahi. Out of the money so received Harbans Singh deposited Rs. 1,300/- in the post office saving bank account and the balance was spent by him.
(3.) AT the place of occurrence, it appears that Pokhar Mai whose shop in Sunder Nagar Market was burgled by these two persons woke up in the morning at about 5 or 5. 15 A. M. It may be observed here that on the fatefirl night he was sleeping in the park along with two servants in front of his shop; the two servants being Hari Singh and Jagdish. His wife and two daoghters were sleeping inside the godown that night. One of the daughters sleeping there was aged three years and the other five or six years and it was the latter who was the victim of the callous murder by strangulation. According to Pokhar Mai's evidence there is a door from the lane opening Into the courtyard of the shop In question. He had got that door locked from inside before going to sleep and th9 door of the godown was also got bolted from inside by his wife. The door of the shop tiad, however, been locked by him from outside. In the morning when he entered his shop from the front door he found that things were lying scattered in the godown. His wife was also lying unconscious and his daughter Sabo tying dead with her tongue protruding out of the mouth and a noose put around her neck with his wife's dhoti. His wife was at that time wearing a jumper and a petticoat; her dhoti was also sticking around her. The petty-coat was found torn. Pokhar Mai immediately called Hari Singh from outside and directed him to go to Indraj Mai shopkeeper for informing the Police Flying Squad. In about 10 minutes' time the Flying Squad reached the spot and removed Smt. Khazani and Sabo to the. hospital. Before his wife wag placed in the van Pokhar Mai changed her petticoat as also the dhoti. He also untied the knot of the dhoti with which his daughter had been strangulated. As a matter of fact, this was the same dhoti which was worn by his wife, at that time. His younger daughter was still asleep in her mother's bed and she was allowed to sleep on. Pokhar Mai thereafter sat outside his shop to- await the arrival of the local police. A few minutes later the local police arrived and recorded Pokhar Mai's statement. It appears that Pokhar Mai suspected Suraj Bhan his ex-employee and Shivinder Singh Sub-Inspector, who was, at the relevant time, Station-House Officer Nizamuddin and who had reached the place of occurrence on the morning of 8thi June, 1961 or receiving information from the Control Room about the occurrence, tried to trace Suraj Bhan and succeeded in arresting him on 15-6-1961. After interrogating Suraj Bhan, Shivinder Singh Sub-Inspector tried to locate Sohart Singh accused and Dharam, Singh alias Dliami. it appears that Sohan Singh appellant who was on bail in some other case at the time of the occurrence in question surrendered himself after this occurrence. This information reached the police on 21-6-1961 and on the following day Sohan Singh was arrested in the present case. On his arrest, an order was secured for his remand to police custody for two weeks. On 25-6-1961 he was interrogated as a result of which he made a disclosure statement disclosing that he had kept buried in the ground behind Bhooli Bhatian Mahal certain ornaments wrapped in a piece of cloth. In pursuance of further interrogation he disclosed that he had1 given one gold 'kanthi' to Mst, Ramsri. Sohan Singh thereafter led the police to Bhooli Bhatiari Mahal and then to the exact spot from where ornaments Exhibits P-12, P-14 to P-18 and P-22 were recovered after digging the ground They were all wrapped in a piece of cloth, Exhibit P-21. Pointed iron bar Exhibit P-l was also recovered from that very place. Ramsri was also traced and apprehended on 28-6-1961; she was there wearing on her person the gold 'kanthi' Exhibit P-18, Harbans Singh approver was arrested on 27-6-1961 and on being interrogated he disclosed having sold certain ornaments in Chandni Chowk. He led the police to Chandni Chowk and pointed out the shop of Gobind Ram P. W. 18 as the person to whom those ornaments had been sold. Gobind Ram produced the 'bahi' Exhibit P-2 and the gold ingot Exhibit P-23. On 3-8-1961 Harbans Singh was tendered pardon Under Section 337, Criminal Procedure Code, on the condition of his making true and full disclosure. of all the circumstances within his knowledge relating to the offence in question. On 5-8-1961 Shri N. L. Kakkar, Magistrate 1st Class, recorded the statement of Harbans Singh.;