GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants-Gurdev Singh and Satnam Singh were tried by the Addl. Sessions Judge, Amritsar, and found guilty of offence punishable under S. 302 read with S. 149, I.P.C. and other allied offences. As per the prosecution case, these appellants, along with three others had caused the death of 17 persons. The Addl. Sessions Judge held that the prosecution proved beyond reasonable doubt that these appellants were members of an unlawful assembly which accomplished its common object of causing death of 15 persons. These appellants were convicted and sentenced to death. They preferred an appeal before the High Court of Punjab and Haryana and the matter was also referred to the High Court for confirmation of the death sentence. The High Court affirmed the death sentence in respect of these appellants. These appellants challenge the judgment of the High Court.

(2.) Though the incident occurred on 21-11-1991, these appellants were absconding and could be apprehended only on 26-8-1996 whereas the other three accused, namely, Piara Singh, Sarabjit Singh (appellants in Criminal Appeal No. 393 of 2002) and Jasvinder Singh were tried by Sessions Judge, Amritsar, in Sessions Case No. 94 of 1992 and the Sessions Judge held that Piara Singh and Sarabjit Singh were members of an unlawful assembly whose common object was to kill 15 persons. By judgment dated 15-1-1996 the Sessions Court found Piara Singh and Sarabjit Singh guilty of offence punishable under S. 302 read with S. 149, I.P.C. and sentenced them to death. Another accused, Jasvinder Singh was acquitted on the ground of benefit of doubt. Piara Singh and Sarabjit Singh filed an appeal before the High court and there was also a reference regarding confirmation of the death sentence. The appeal preferred by them was dismissed and the High Court confirmed the death sentence imposed on Piara Singh and Sarabjit Singh. They filed an SLP registered as Special Leave Petition (Criminal) No. 275 of 1997 challenging their conviction and sentence. The Special Leave Petition was disposed of on 28-2-1997 with the following order :

(3.) When the Special Leave Petition (Criminal) preferred by Gurdev Singh and Satnam Singh came up for consideration, the counsel brought to the attention of the Court the decision of this Court in Harbans Singh vs. State of Uttar Pradesh and others (1982) 2 SCC 101 and prayed for recalling the order of dismissal dated 28-2-1997 passed earlier in Special Leave Petition (Criminal) No. 275 of 1997 which had been preferred by Piara Singh and Sarabjit Singh. By order dated 18-3-2002, this Court directed that in view of the decision in Harbans Singhs case (supra), the order of dismissal dated 28-2-1997 in Special Leave Petition (Crl.) No. 275 of 1997 be recalled and leave was granted. Simultaneously, this Court stayed the execution of death sentence on Piara Singh and Sarabjit Singh. Subsequent to this order, the Registry numbered their appeal as Criminal Appeal No. 393 of 2002 and posted the same to be heard along with the present Criminal Appeal No. 392 of 2002.