ASA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by special leave by Asa Singh (48), Sewa Singh (45), Darshan Singh (32), Iqbal Singh (30) and Kehar Singh (65) against the judgment of the Punjab and Haryana High Court affirming on appeal the decision of the Sessions Judge, Jullundur whereby Kehar Singh appellant was convicted under S. 324 I. P. C. and was sentenced to undergo rigorous imprisonment for a period of one year, while each of the remaining four accused appellants was convicted under Section 302 I.P.C. and was sentenced to undergo imprisonment for life. Asa Singh, Sewa Singh and Darshan Singh appellant are brothers being sons of Milkha Singh, while Iqbal Singh appellant is the son of Kehar Singh appellant.

(2.) There was also a charge against the five appellants under Sections 148 and 302 read with S. 149 I.P.C. but the learned Sessions Judge held that the charge in this respect had not been substantiated. The occurrence in the opinion of the Sessions Judge was not premediated and appeared to have developed suddenly. He accordingly concluded that each of the appellants was liable only for his own acts.

(3.) The case relates to the murder of three persons Hardev Singh (45), Sarwan Singh (36) and Gurmit Singh (32) in village Karjan at about 7.30 p.m. on July 16, 1965. Sarwan Singh and Gurmit Singh deceased were brothers, while Hardev Singh deceased was their uncle.