DALBIR KAUR DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I agree with my learned brother that the appeals of Dalbir Singh, Puran Singh and Mst. Dalbir Kaur alis Bhiro should be dismissed. The Judgment of the High Court which affirms the order of conviction and the sentences passed on these appellants by the trial Court does not appear to suffer from any infirmity which can be said to have caused a failure of justice so far as the cases of these appellants are concerned. I also agree that the appeal of Ajit Singh should be allowed for the reasons stated in the Judgment of my learned brother.

(2.) The decisions of this Court referred to in the Judgment of my learned brother lay down that this Court does not interfere with the findings of fact unless it is shown that "substantial and grave injustice has been done." But whether such injustice has been done in a given case depends on the circumstances of the case, and I do not think one could catalogue exhaustively all possible circumstances in which it can be said that there has been grave and substantial injustice done in any case. In the appeals before us the findings recorded by the trial court and affirmed by the High Court do not disclose any such exceptional and special circumstances as would justify the claim made on behalf of the appellants whose appeals we propose to dismissed that there has been a failure of justice in these cases.

(3.) FAZL ALI, J.:- These two appeals by special leave are directed against the judgment of the Punjab and Haryana High Court dated March 10, 1975, upholding the convictions and sentences imposed on the appellants by the Trial Court of Sessions Judge, Gurdaspur. The two appeals arise out of the same judgment and, therefore, will be dealt with by us by one common judgment. Criminal Appeal No. 232 of 1975 has been filed by Mst. Dalbir Kaur alis Bhiro, Puran Singh and Ajit Singh, while Criminal Appeal No. 373 of 1975 has been filed by Dalbir Singh. The Sessions Judge convicted all the appellants under Sections 303 / 34, I.P.C. and sentenced Dalbir Singh, Puran Singh and Ajit Singh to death and Dalbir Kaur to imprisonment for life. The convictions and sentences passed by the Sessions Judge were upheld by the High Court. The High Court refused to grant certificate for leave to appeal to Supreme Court and thereafter on an application made to this Court special leave was granted.