KISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Kishan Singh, Basant Singh and Prem Singh were tried for the murder of Jarnail Singh and Gurdev Singh. The prosecution primarily relied upon the testimony of three eye-witnesses namely Darshan Singh, gurcharan Singh and Attar Singh. The crux of the prosecution allegations is that Kishan Singh and Basant Singh fired two gunshots hitting jarnail Singh and Gurdev Singh killing them on the spot. On appreciation of evidence the trial court acquitted Basant Singh and Prem Singh, but convicted Kishan Singh under S. 302 Indian Penal Code and sentenced him to life imprisonment. Kishan Singh filed appeal before the High court against his conviction and the State of Punjab filed appeal against the acquittal of Basant Singh and Prem Singh. The High court upheld the reasoning and findings of the trial court and dismissed both the appeals. The State accepted the High court verdict whereas Kishan Singh has come up in appeal before this court. We have heard Mr Qamaruddin, learned counsel for the appellant. He has taken us through the judgment of the High court and other material on the record. Mr Qamaruddin primarily argued that Basant Singh, who is also alleged to have fired a gunshot, having been acquitted there is no justification to convict the appellant. We do not agree. The appellant was rightly convicted on the basis of the evidence on the record. We are prima facie of the view that basant Singh was wrongly acquitted by the courts below. But there being no appeal against his acquittal before us, we cannot (sic) any further. In this view of the matter, we see no force in this appeal and the same is dismissed. The appellant shall surrender his bail bond and undergo the sentence.