RAM KISHAN SINGH Vs. HARMIT KAUR

JUDGEMENT

(1.) This an appeal by special leave against the Judgment dated 20 March, 1970 of the High court of Punjab and Haryana setting aside the acquittal of the appellant.

(2.) The High Court passed the order on a revision application under Section 439 of the Code of Criminal Procedure made by Harmit Kaur widow of the deceased Bharpur Singh.

(3.) The prosecution case was as follows:Gurdit Singh had two sons Hara Singh and Hazura Singh. Hazura Singh married twice. By Nihal Kaur Hazura Singh had two sons, the deceased Bharpur Singh and Mangal Singh and a daughter. By the other wife Narinder Kaur Hazura Singh had one son the appellant and four daughters. The family lived at a place called Gholia Khurd and cultivated land. Hazura Singh had also land as Jalalabad. The land at Jalalabad was given on 'Batai'. Three years before the date of occurrence which was 11 September, 1967 Nihal Kaur with her son Bharpur Singh and his wife Harmit Kaur and her other son Mangal Singh shifted to Jalalabad. Hazura Singh remained at Gholia Khurd. Thereafter Narinder Kaur, the mother of the appellant died. The appellant quarrelled with his father Hazura Singh. The appellant started drinking. Hazura Singh went to Jalalabad with the intention of shifting to that place. On 10 September, 1967 Hazura Singh, Nihal Kaur and the deceased and his wife Harmit Kaur went to Gholia Khurd in order to pack the luggage of Hazura Singh. There was some dispute. Parties went to eat at the house of Hara Singh and returned at about 11 p. m. At about 5 a. m. on 11 September, 1967 the appellant is alleged to have merged his brother Bharpur Singh. The murder was alleged to have been seen by Nihal Kaur. Harmit Kaur and Hazura Singh. Hara Singh is alleged to have been informed about the incident by Hazura Singh.