IMPORTANT POINT
Where the mother of the child gave evidence that her son was murdered, there was no scope for conducting any enquiry into the moral life of the mother as the murderer in such a case cannot escape by establishing that the mother of the child was of loose morals.

JUDGMENT

Thomas, J.-Leave granted.

2. This is an appeal by the State challenging the acquittal of two accused Manpal Singh (A-1) and his father-in-law Reghubir Singh (A-2), in a murder case. During the pendency of the special leave petition Manpal Singh died and hence the petition against him stood abated. So we heard counsel for the State of U.P. and counsel for Reghubir Singh (A-2) on the merits of the appeal.

3. The case involved kidnapping and murder of a minor buy (Ashok). The victim Ashok was 6 years old when he was murdered. He was none other than the youngest brother of accused Manpal Singh. He and his father-in-law Reghubir Singh were alleged to have kidnapped the led and throttled him to death and the dead body was dumped in a bit in a kachha room wherein a pumping set was housed. Sessions Judge convicted both the accused of offences under Sections 364 and 302 read with Section 34 of the IPC and sentenced them each to rigorous imprisonment for five years and imprisonment for life respectively under the two counts. But a Division Bench of the High Court of Allahabad, on appeal filed by the convicted persons. Set aside the conviction and acquitted both. Hence the State filed this appeal challenging the acquittal.

4. Facts in brief: Accused Manpal Singh and deceased Ashok were sons of Choki Singh in his third wife Ramsri (PW-1). Their female children included Sheela Devi (DW-1). They were living in villiage Jaleshwar (Eta District. U.P.). Accused Manpal Singh married the daughter of accused Reghubir Singh (A-2) and two years after his marriage he shifted his residence to Agra where Reghubir Singh was residing with his family. Accused Manpal Singh prevailed upon his father Choki Singh to give him half share of the landed properties and Manpal Singh wangled the sale proceeds from his father who sold away half of his landed property. Manpal Singh invested the money in a joint venture which he was carrying on with his father-in-law. After the death of Choki Singh, accused Manpal Singh pressurised his mother to give him the property left behind by his father, but his mother (Ramsri PW-1) did not yield to such pressures. A few days prior to the occurrence both the accused went to Jaleshwar Village and ploughed the land which his father left behind. This was resisted by PW-1 Ram Sri. Accused Manpal Singh then threatened her that should she persist with her resistance he would not mind even to finish off the remaining male heir (Ashok). But his mother did not take the threat seriously, but the threat was made into reality on the fateful day.

5. On 29.11.1977 while the child Ashok was playing on the roadside near his residence both accused went near him and caught hold of him. As they tried to forcibly drag him the child screamed. His mother Ramsri hearing the cry of her child came out of the house and on seeing the happenings she protested in a strident voice. Some neighbours were attracted to the scene. As they saw both the accused dragging the child by neck they moved forward to rescue the victim buy accused Manpal Singh then whipped out a pistol and brandisned it threatening with the querry "you too want to die?" The neighbours retreated and then the two accused carried the child to the engine shed of Maharaj Singh (PW-2) which is situate next to the compound of Ramsri. They killed and child by throttling him and dumped the dead body in a pit wherein a pump set was installed. When the neighbours found that the killers had slipped away from the kacha room without the boy they anxiously rushed to the shed and saw the horrifying sight of the dead body of the child lying submerged in the pit.

6. The matter was reported to the police on the next day. Both the accused were arrested and after the completion of investigation both the accused were challaned for the crimes.

7. Prosecution story was spoken to by Ramsri (PW-1) as well as Maharaj Singh (PW-2) and Adal Singh (PW-3) who was Pradhan of the village. Learned Session