Judgement

MAHAJAN J.: Ajmer Singh, a young man of about 22 years of age was tried for the murder of Bagher Singh, his first cousin, and was acquitted by the Sessions Judge of Ferozepore by his judgment dated 13th May 1950. On appeal by the State Government, the order of acquittal was set aside by the High Court and the appellant was convicted under S. 304, I.P.C. and sentenced to ten years rigorous imprisonment. This is an appeal by special leave against that decision.

2. One Nikka Singh had three sons, Bhagwan Singh, Lal Singh and Sunder Singh. Bhagwan Singh died issueless some years ago and disputes arose between Lal Singh and his brother Sunder Singh in regard to the division of the property of Bhagwan Singh. Sunder Singh was in possession of some of his landed properties and Lal Singh obtained a number of decrees against him but Sunder Singh declined to restore possession of the properties to his brother Lal Singh. In view of this litigation the relations between Lal Singh and Sunder Singh were considerably strained and it is said that for some time they were not even on speaking terms.. Lal Singh is married to Mst Dhan Kaur and from her he had two sons. One of them Bagher Singh