SEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Appellant was convicted by the Sessions Judge, Patiala of an offence under s. 302 of the Penal Code for the murder of Gurdev Singh and sentenced to death. The Punjab High Court dismissed his appeal and confined the sentence of death. The present appears is on the strength of special granted by this Court.

(2.) The prosecution case is that at about 2.30 p.m. on November 18, 1960 when Gurdev Singh was passing the tea-stall of Charan Singh, not far from the courts at Barnala on a motor cycle, the appellant Sewa Singh, who was at that time in that shop with a double barrel gun stood up and fired a shot at him. Gurdev Singh was hit on the right side of his chest and died instantaneously. The appellant and one Gogar Singh, who was with him, ran away.

(3.) The accused pleaded not guilty. It was not disputed that Gurdev Singh had died of a gun shot injury at the time and place as alleged. It was strenuously contended, however, that he was not the culprit.