HARBANS SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By this writ petition, the petitioner Harbans Singh prays that the death sentence imposed upon him should not be executed in view of the following circumstances.

(2.) The petitioner and three other persons, Mohinder Singh, Kashmira Singh and Jeeta Singh were involved in the murder of Jindi Singh, Surjeet Singh, Bira Singh and Gurmeet Singh. Mohinder Singh died in an "encounter" with the police. The petitioner and the other two accused, Kashmira Singh and Jeeta Singh, were committed to stand their trial for the murder of the aforesaid four persons. By a judgment dated May 1, 1975 the learned Additional Sessions Judge, Pilibhit convicted all of them for the murder of Jindi Singh, Surjeet Singh and Bira Singh and sentenced them to death. On Oct. 20, 975 the High Court of Allahabad affirmed the judgment of the trial Court in Criminal Appeal No. 1080 of 1975.

(3.) Jeeta Singh Mod Special Leave Petition No. 343 of 1976 in this Court which was dismissed on April 15, 1976. Kashmira Singh filed Special Leave Petition No. 104 of 1976 from jail and obtained leave on the question of sentence. By an order dated April 10, 1977 his appeal (No. 172 of 1977) was allowed by a Beach consisting of Bhagwati and Fazal Ali, JJ. who commuted his sentence of death into imprisonment for life. The petitioner, Harbans Singh, filed Special Leave Petition No. 658 of 1978 from jag which was dismissed by Sarkaria and Shinghal, JJ. on Oct 16, 1978. His Review Petition (No. 140/79) was dismissed by Sarkaria and A. P. Sen, JJ. on May 9, 1980. It appears that though the Registry of this Court had mentioned in its Office Report that Kashmira Singh's death sentence was already commuted, that fact was not brought to the notice of the Court specifically when the petitioner's special Leave Petition and his Review Petition were dismissed.