Judgement

SINHA, J. : This is an appeal by special leave from the Judgment of the High Court of Judicature for the State of Puajab at Simla convicting the appellant Mohinder Singh, aged 25 years, under S. 302. I. P. C. and sentencing him to death. The appellant along with his sister s son, Baj Singh, had been placed on trial for the murder of Kapur Singh. Both had been convicted of the offence and sentenced, the appellant as stated above, and Baj Singh to transportation for life. On appeal Baj Singh was acquitted by the High Court on giving him the benifit of the doubt.

2. The facts of this case may shortly be stated as follows : At about 2-30 a.m. on 29-5-l954, the first information report was lodged by Sunder Singh, lambardar of village Chirewan at police station Muktsar in the district of Ferozepore, to the effect that Phula Singh (P. W. 1) was a displaced person from the district of Lahore. He had been settled in the village Chirewan on an allotment of 16 standard acres of land. He had three sons and a daughter who was married to the appellant Mohinder Singh. Mohinder Singh was also a displaced person from West Punjab and had been living with his father-in-law Phula Singh for the