The Central evidence against the appellant companysists of the testimony of PW 20 Charan Singh and more particularly his evidence before the companymitting magistrate which has been marked as Ext.
The appellant filed an appeal before High Court against his companyviction.
Hence this appeal by special leave.
The first Information Report was lodged by Raj Pal, PW 28 at about 4.45 a.m. i.e. within two hours of the occurrence as the Police station Najalgarh was at a distance of six miles from the place of occurrence.
The occurrence took place in the morning of 28th September, 1971 when the appellant entered the house of the deceased and gave an axe blow on his neck cutting the same.
This appears to be a case of patricide in which the appellant is said to have murdered his father on the suspicion that his father had an Illicit intimacy with his wife during his absence from Delhi.
The High Court rejected the reference but reduced the sentence to life imprisonment under Section 302 and dismissed the appeal.
A detailed narration of the prosecution is to be found in the judgment of the High Court and that of the Sessions Judge and it is number necessary for us to respect the same.
This is a very important circumstance to companyroborate the prosecution case against the appellant.
Murtaza Fazal Ali, J. The Sessions Judge had companyvicted the appellant under Section 302 IPC and sentenced him to death and accordingly made a reference to the Delhi High Court for companyfirmation of his death.
P 20 A, companyroborated by the evidence of PW 22 Prithi Singh and further companyroborated by the recovery of blood stained clothes from the accused when he was arrested by the police on 28th September 1971 at 2.00 p.m. The Sereologists report shows that the blood stains on the clothes of the accused were of the same group as that of the deceased.
