SURENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) We have three appellants before us. All were prosecuted for the murder of one Babu Singh. Of these, Surendra Singh alone was convicted of the murder and was sentenced to death. The other two were convicted under section 225, I. P. C. Each was sentenced to three years' regorous imprisonment and to a fine of Rs. 200.

(2.) All three appealed to the High Court at all High Court at Allahabad (Lucknow Bench) and the appeal was heard on 11-12-1952 by Kidwai and Bhargava JJ. Judgment was reserved. Before it could be delivered Bhargava J. was transferred to Allahabad. While there he dictated a "judgment" purporting to do so on behalf of himself and his brother Judge, that is to say, it purported to be a joint judgment he used the pronoun "we" and not "I". He signed every page of the 'judgment' as well as at the end but did not date it. He then sent this to Kidwai J. at Lucknow. He died on 24-12-1952 before the "judgment" was delivered. After his death, on 5-1-1953 his brother Judge Kidwai J. purported to deliver the "judgment" of the Court. He signed it and dated it. The date he placed on it was 5-1-1953. Bhargava J.'s signature was still there and anyone reading the judgment and not knowing the facts would conclude that Bhargava J. was a party to the delivery on 5-1-1953. The appeal was dismissed and the sentence of death was confirmed. The question is whether this "judgment" could be validly delivered after the death of one of the two Judge who heard the appeal.

(3.) The argument covered a wide range but we intend to confine ourselves to the facts of this case and only deal with the narrower issues which arise here.