RANJIT SINGH Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) The short question arising for decision by us is the true meaning of subsection (2) of Section 427 of the Code of Criminal Procedure, 1973 and its effect.

(2.) For an offence of murder committed on 17-9-1978 the petitioner, Ranjit Singh, was convicted under Section 302, I.P.C. by the Sessions Judge on 6-3-1979 and sentenced to life imprisonment which was confirmed by the High Court of Punjab and Haryana. While the petitioner was on parole after his conviction and sentence for first murder, he was tried for the second murder committed on October 25, 1980 and convicted under Section 303, I. P. C. This conviction was altered to one under Section 302, I.P.C. and for the second murder also the petitioner was sentenced by this Court on 30-9-1983 to life imprisonment instead of death sentence. This Court while disposing of the petitioner's appeal, in this manner, directed as under:-

(3.) Section 427 of the Code of Criminal Procedure, 1973 is as under: