- (1.) The appellant Braj Kishore Singh was tried along with Sitkam Singh. The appellant was arrayed as A-1 and Sitkam Singh was arrayed as A-2. They were charged under Sections 302 and 328, IPC. The trial Judge, while acquitting A-2 Sitkam Singh, found the appellant guilty under Section 302, IPC for which he was sentenced to imprisonment for life and further he was sentenced to suffer R.l. for a period of five years under Section 328, IPC with a direction that the sentence of imprisonment will run concurrently.
(2.) PW 1, Ranjit Singh is the husband of PW 4, Kalawati Devi, Raju the deceased in this case is their minor son. The appellant and Sitkam Singh are their agnates and according to the prosecution were intending to eliminate the minor son of PW 4 with a view to grab the property and they also made an attempt on the earlier occasion to murder the boy but could not succeed.
(3.) On 13.9.1993, PW 1 was harvesting paddy. He was at a distance of 150 years from his house. His wife, Kalawati Devi (PW 4) was also present there. The appellant along with Sitkam Singh and another accused. Kishun Singh (who died during investigation) were standing in front of his house. The child was seen going towards the house of the appellant. PW 4 seeing this, informed PW 1 and few minutes thereafter PW 1 found the child coming out of the house of the appellant. At that time, the child was seen weeping and frothy substance was coming out of his mouth. PW 1 noticed some substance on the face of the child.;