SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by Sarwan Singh, Mukhtiar Singh and Amar Singh under S. 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and is directed against the order of the High Court of Punjab and Haryana by which the appellant Sarwan Singh has been convicted under Section 302. I. P. C. and sentenced to imprisonment for life, whereas other two appellants Mukhtiar Singh and Amar Singh have been convicted under Section 302/34, I.P.C. and given the same sentence. The appellants along with five others were prosecuted for the offence of murdering Jit Singh deceased and a charge under Section 302/149, I.P.C. and a number of other charges were framed against them. All the accused were tried by the Additional Sessions Judge. Barnala who rejected the prosecution case in its entirety and acquitted all the accused persons of the charges framed against them. The State of Punjab filed an appeal before the High Court against the order of acquittal passed by the trial Court and after hearing the appeal, the High Court maintained the acquittal of the five accused other than the appellants. As regards the appellants, the High Court reversed the order of acquittal passed in their favour by the Additional Sessions Judge and found that the prosecution case against them had been proved beyond reasonable doubt and it accordingly convicted the appellants and sentenced them as indicated aforesaid. We might further mention here that the High Court completely reversed the findings on the merits of the prosecution case and held that generally the prosecution case was fully proved but as there were some doubtful features regarding the five other accused, whose acquittal was maintained, the High Court did not like to interfere but made it clear that this would not cast any reflection on the credibility of the witnesses of the prosecution which had been believed by the High Court.

(2.) This is rather an unfortunate case which as a result of a serious and deeprooted rivalry between the two partners of a liquor vend culminated in the murder of the deceased converting one of his friends into a foe who, animated by a desire to wreak vengeance, pounced upon the deceased with a party of eight persons and brutally murdered him.

(3.) The prosecution case may be summarised as follows: