STATE OF UTTAR PRADESH Vs. SINGHARA SINGH

JUDGEMENT

(1.) On March 20, 1959 Raja Ram, a shopkeeper, of Afzalgarh in the State of Uttar Pradesh was murdered by gunshot in his shop. Seven persons including the three respondents, Singhara Singh, Bir Singh and Tega Singh were prosecuted for this murder. The learned Additional Session Judge of Bijnor before whom the trial was held, convicted the respondent Singhara Singh of the murder under S. 302 of the Indian Penal Code and sentenced him to death. He convicted the respondents Bir Singh and Tega Singh of abetment of the murder under S. 302 read with Ss. 120B, 109 and 144 of the said Code and sentenced Bir Singh to death and Tega Singh to imprisonment for life. He acquitted the other accused persons.

(2.) The respondents appealed from the conviction to the High Court at Allahabad and the State from the acquittal. The High Court had also before it the usual reference for confirmation of the sentences of death. The High Court allowed the appeals of the respondents dismissed the appeal of the State and rejected the reference. The State has now filed this appeal against the judgment of the High Court by special leave. This Court however granted the leave only so fat as the judgment of the High Court concerned the three respondents. We are not, therefore, concerned with the other accused persons and the order acquitting them is no more in question.

(3.) The only point argued in this appeal was as to the admissibility of certain oral evidence. It is conceded that if that evidence was not admissible, then there is no other evidence on which the respondents can be convicted. In other words, it is not in dispute that if that evidence was not admissible the High Court's decision acquitting the respondents cannot be questioned. It is therefore not necessary to state the facts in detail.