MALKIAT SINGH ALIAS MITA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) One Malkiat Singh alias Mita is the appellant. He, along with 21 others was charge-sheeted for committing offence punishable under Sec. 148, 302/149, 307/149, Penal Code.

(3.) The case relates to an occurrence which took place at Jullundur outside the Court of the Executive Magistrate at 11.50 a.m. on 21-10-75. In that occurrence six persons lost their lives, in addition, six persons also received injuries. Out of the 22 persons charge-sheeted, only 16 were put up for trial. Two of them died and the rest were absconding. The trial Court acquitted four of them and convicted twelve and two of the accused - the appellant as well as one Surinder Singh were sentenced to death. The cases filed by the appellant as well as by the other accused were heard by the High Court. The High Court acquitted 10 out of 12 convicted persons and reduced the death sentence to one of life imprisonment. The two convicted accused, viz., the appellant before us and Surinder Singh fried separate appeals. Since Surinder Singh died during the pendency of the appeal, his appeal stands abated. Thus, we are left with the present appeal.