M.R.Sharma, J. - (1.) This appeal is directed against the judgment dated Dec. 18, 1972, rendered by the learned Sessions Judge, Ludhiana.
(2.) The appellant was convicted under section 302, Indian Penal Code and ordered to suffer imprisonment for life and to pay a fine of Rs. 800.00 or in default of payment of this fine to under go further rigorous imprisonment for two years. Under section 201, Indian Penal Code, he was awarded rigorous imprisonment for one year He was also convicted under section 436, Indian Penal Code and awarded rigorous imprisonment for four years. The substantive sentences of imprisonment were, however ordered to run concurrently. The convict has come up in appeal before us.
(3.) The facts of the case as mentioned by Piara Singh P.W. 2 in his report to the police may briefly be stated as under: Piara Singh is the real nephew of Lachhman Singh deceased. The appellant is the son in law of the deceased and was living in his house as a Khana Damad. He and Nachhattar Kaur, daughter of the deceased had five children. The occurrence took place on May 27, 1972 at about noon time. Piara Singh P. W. 2 and his brother Gurdev Singh P. W. 7 were going on a tractor to bring toori from their fields. They saw smoke and flames of fire coming out of the house of their uncle Lachhman Singh deceased. They stopped the tractor and got into the house by giving a push to the shutters, which thereupon had given way. Both of them raised a raula to the effect that the house of his uncle was on fire. At that time Surjit Singh appellant scalded over the northern wall of the house and ran away. When Piara Singh raised more alarm, Prem Singh P. W. 8 and Pritam Singh P. W. 9 came there. All of them extinguished the fire and found the dead body of Lachhman Singh deceased wrapped in a gunny jhul in the toori lying in the parchhatta. The feet of the dead body were partly nude and burnt and the rest of the body had not by that time caught fire. They brought the dead body of Lachhman Singh outside that room. The body was found to have cut marks inflicted by some sharp-edged weapon The motive for the crime mentioned in the first information report was that Lachhman Singh was not being properly treated by his son-in-law and his daughter Nachhattar Kaur. He had been asking them to Lave his house because he wanted to marry again The suggestion is that because of this declaration of intention made by Lachhman Singh deceased, Surjit Singh appellant murdered him, concealed his body in a gunny jhul and put his parchhatta on fire so as to destroy the evidence of the crime.;