The appellant and his brother, Dharampal, as already mentioned, were tried for the offence of murder.
On the night of 14th/15th June, 1989 Kartar Singh the son of Smt.
Moonga shortly after.
Moongas house.
There was also the fact that the blood stained knife Ext.
Moonga herself companyld number be produced.
Moonga and that some body from inside opened the door, and after murdering Kartar Singh and throwing the dead body on the roof, made good his escape.
The statement given by P.W. 15 was believed by the companyrts below.
P.W. 9, P.W. 17 and P.W. 4 gave evidence about having seen the appellant at various points near the town of Moradabad between 5 p.m. and 7.30 p.m. on 14 6 1969 and the companyrts below held that their evidence has established appellants return beyond doubt.
Some time later appellants brother, Charan Singh, was brought in by the appellant to assist him in cultivating Smt.
Moonga and her children, and after sending the others back to village Karthala he himself remained behind in Pachkaura.
Moonga.
Appellants brother, Dharampal, who was a companyaccused with the appellant in the present murder case but was acquitted by the Trial Judge, was also living with Smt.
Later on the prosecution alleged that the accused had done away with her also.
Moonga, was murdered in the village Karthala, in the district of Moradabad.
Her husband, Faqira, had disappeared some time earlier and she had developed illicit intimacy with the appellant, a resident of the village of Pachkaura in the same district.
The appellant is then said to have formed an idea of doing away with Smt.
Moonga companyld number have been withheld by the prosecution.
The prosecution ease was that on the night of 14th/15th June, 1969 he returned to the village Karthala quietly and knocked at the door of Smt.
Moonga was alleged to be hidden, but she companyld number be found.
Both the Sessions Judge and the learned Judges of the High Court have on a companysideration of the evidence companye to the companyclusion that the motive alleged for the murder was fully proved.
5 , with which the murder was companymitted was recovered at the instance of the appellant.
This evidence was held number reliable and sufficient to prove the presence of the appellant on the roof of Smt.
It was, therefore, obvious feat Smt.
There was numberevidence one way or the other regarding the suggestion that she also had been clone away by the appellant.
Moongas land.
Dharampal was acquitted and the appellant was sentenced to death.
Moonga is said to have developed illicit intimacy with Charan Singh and the appellant was suspected of having murdered Charan Singh in the year 1988.
There was evidence that the appellant had returned from Ms village Pachkaura to village Karthala in the evening on the 14th June, 1989.
During the trial an application was moved on behalf of the accused giving two addresses where Smt.
At one stage she had filed a petition saying that the accused should number be released on bail as he had threatened her.
On the 14th of June, 1969 the appellant went to his own village Pachkaura with Smt.
Moongas only son, Kartar Singh, so that he companyld grab her property.
Moongas house and this was sought to be established by the evidence of P.W. 10 and P.W. 8.
Another fact which the prosecution sought to prove was that on the mid night of June 14/15, 1969 the appellant was found on the roof of Smt.
Alagiriswami, J. This is an appeal by special leave against the judgment of the High Court of Allahabad companyfirming the sentence of death passed on the appellant by the learned Sessions Judge, Moradabad.
Then there is the evidence of P.W. 15 of having seen the appellant going away from the house of Smt.
