BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by special leave from the judgement and order of Punjab High Court dated 27th of April 1955, by which the appellant Balbir Singh a student aged about 19, has been convicted the offence of murdering one Mst. Chinti sentenced to transportation for life under Section 302, Indian Penal Code. By the said order the High Court has also convicted and sentenced him to rigorous imprisonment for four years under Section 457, Indian Penal Code. The High Court has directed that the two sentences shall run concurrently.

(2.) The appellant Balbir Singh and one Jagir Singh, another boy aged about 16 were tried by the learned by learned Sessions Judge of Hoshiarpur with the aid of four assessors. The charges on which they were tried were the following. Both Balbir Singh and Jagir Singh were charged with having murdered Mst. Chinti and her two sons, Kewal Singh and Autar Singh aged 11 and 5 respectively. Mst. Chinti, a woman aged about 27 or 28, it was alleged, was strangled to death by the appellant Balbir Singh on the night between the, 18th and 19th of February 1954. Her two sons, Kewal Singh and Autar Singh, were also hit by a Kirpan (sword) and died then and there as a result of the injuries caused. Balbir and Jagir were also charged under Section 457, Indian Penal Code for having committed house breaking and theft on the same night in the house of Mst. Chinti. In the Court of Session an additional charge was added, namely a charge under Section 376, Indian Penal Code on the allegation that Mst. Chinti was raped by the appellant Balbir, when the woman had been almost strangled to death. There of the assessors were of the opinion that both the accused persons were guilty of murder. The fourth assessor said that he was not in position to say which of the two accused persons murdered whom, but they did enter the house of Mst. Chinti on the night in question. The learned Sessions Judge did not accept the opinion of the assessors, He held that the prosecution had failed to make out a case against the accused persons on the charges framed against them. Accordingly, he acquitted them of all the charges, by his judgement and order dated the 11th June 1954.

(3.) Against that order of acquittal there was an appeal by the State of Punjab to the High Court under the provisions of Section 417, Criminal Procedure Code. On a fresh p73 review of the evidence, the, High Court held that the charges under Sections 302 and 457, Indian Penal Code, were made out against the appellant, but not the charge under Section 376, Indian Penal Code. So far as the other accused person Jagir Singh was concerned, the learned Judges of the High Court held that the charge under Section 457, Indian Penal Code, only was made out. Jagir Singh has preferred no appeal from the conviction and sentence passed against him. Balbir Singh made an application to this Court for special leave to appeal under Article 136 of the Constitution, and this Court granted such leave by an order dated the 6th of October 1955.