STATE OF PUNJAB Vs. KAMAIL SINGH

JUDGEMENT

(1.) Criminal Appeal No. 226/88 has been preferred by Sant Singh and Criminal Appeal No.337/87 has been preferred by the State of Punjab. Since both the appeals arise out of one common judgment, both the appeals have been heard together and are disposed of by a common judgment.

(2.) In Session Trial No. 19/83 before the learned Sessions Judge, Ludhiana, respondent Karnail Singh and two other accused, namely, Amar Singh and Harpal Singh were tried of charge under Section 302 and Section 302 read with Section 34 of Indian Penal Code and S.27 of the Arms Act. The Trial Court convicted accused No. 1 Karnail Singh under Section 302, for murdering Bant Singh and his two sons Darashan Singh and Gurdev Singh by firing with a double barrelled gun. Considering the gravity of the offence and the brutality in committing the said murder, the Trial Court convicted Karnail Singh and sentenced him to death but the Trial Court acquitted the other two accused namely Amar Singh and Harpal Singh. Complainant Sant Singh who is appellant in Criminal Appeal No. 226/88 before this Court, however, preferred an appeal challenging the order of acquittal passed against the other two accused but such appeal was dismissed, and the order of acquittal was upheld by the High Court so far as Amar Singh and Harpal Singh are concerned. The High Court, however, proceeded on the footing that a case of private defence was made out so far as Karnail Singh is concerned and since Karnail Singh had exceeded the right of private defence, according to the High Court, he deserved to be convicted under Section 304, I.P.C. Part I and accordingly the High Court allowed the appeal so far as Karnail Singh is concerned and set aside his conviction under Section 302 and also the death sentence awarded to him and the High Court convicted Karnail Singh under Section 304, Part I and sentenced him to suffer rigorous imprisonment for ten years and also a fine of Rs. 10,000/- in default to suffer three years rigorous imprisonment.

(3.) Against the aforesaid conviction of Karnail Singh under Section 304, Part I and also confirmation of the acquittal of the other two accused, complainant Sant Singh has preferred the said Criminal Appeal No. 226/88 and the State of Punjab has preferred Criminal Appeal No. 337/87 challenging the order of conviction against Karnail Singh under Section 304, Part I.