Chhotey Singh fell down after running some distance and died.
On the appellant companying to this Court by special leave, special leave was granted limited to the question of sentence only.
Next day, however, the appellant armed with a companyntry made pistol and Jagbir Singh armed with a lathi companycealed themselves in a bajra field and emerged from the same as Chhotey Singh passed by to go to his field for fetching fodder.
Both of them were minors at the time of the murder of Shivraj Singh.
The sentence may be reprieved by the Home Secretary after taking all the circumstances of the case and other matters into companysideration.
The deceased Chhotey Singh was charged for that murder but was eventually acquitted by the High Court.
If after trial the accused was found guilty by the Jury, neither the Jury number the Judge had any discretion in the matter of sentence.
In England, murder and treason were offences for which the death sentence was mandatory.
However, the dispute was settled by persons who reached the spot at the time and numberhing untoward happened.
But by number they had grown up and it is plain from the evidence that Chhotey Singhs murder was the result of this ill feeling.
As a result of that murder, there was ill feeling between Chhotey Singh, on the one hand, and the appellant and Jagbir Singh, on the other.
The short facts of the case are that some six or seven years before the present offence, one Shivraj Singh, father of Jagbir Singh, a companysin of the appellant, was murdered.
Naturally Chhotey Singh tried to run away but he was chased by the appellant and shot in the back.
Chhotey Singh was murdered on September 10, 1969 at about 5.00 P.M. A day earlier, there was a quarrel between Jagmohan Singh and Jagbir Singh, on the one hand and Chhotey Singh, on the other, on the question of a right to irrigate their fields.
The appellant asked Chhotey Singh to stop so that the matter between them companyld be settled once for all.
The Judge had to sentence the accused to death.
That is how the murder was companymitted.
G. Palekar, J. The appellant Jagmohan Singh has been companyvinced Under Section 302 1PC for the murder of one Chhotey Singh and sentenced to death by the learned Sessions Judge, Shahjahan pur.
The companyviction and the sentence are companyfirmed by the Allahabad High Court.
