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1975 Supreme(SC) 58

A.ALAGIRISWAMI, M.H.BEG
Mohinder Singh – Appellant
Versus
State Of Nct Of Delhi – Respondent


Judgment

ALAGIRISWAMI, J.:- This appeal by special leave is confined to the question of nature of the offence Committed by the accused. The facts giving rise to this appeal are as follows.

2. Ram Sarup, Jot Ram and Prabhu were three brothers. Ram Sarup had three sons, Layak Ram, Dhani Ram and Chatru. Appellant Umed Singh is Dhani Ram s son. Appellant Mohinder Singh is the son of Sultan, son of Prabhu Jot Ram who died issueless gave half of his property to layak Ram s son Daya Nand (now deceased) and half to Umed Singh. After the death of Layak Ram his widow Rissalo, who has been examined as P.W. 1 in this case, married Chatru. As Mohinder Singh had been given no property disputes arose and as a result the two appellants and Dhani Ram were involved in an incident on 8-9-1968 in which Daya Nand lost his life. Soon after, for reasons which it is not possible to guess, Dhani Ram committed suicide by lying under a running train. Taking advantage of this fact it was urged on behalf of the appellants that it was Dhani Ram who was responsible for Daya Nand s death and they pleaded alibi. The plea of alibi was disbelieved and the two appellants have been sentenced to life imprisonment for the




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