SURAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal under Section 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, by two persons who have been convicted by the High Court of Punjab and Haryana under Section 302 read with Section 34 of the Indian penal Code, after setting aside their acquittal recorded by the trial court. Each has been sentenced to under go imprisonment for life.

(2.) The facts of the case are in a narrow compass. And the points urged by Mr. Kohli in support of the appeal, do not necessitate mentioning of all the facts in any detail.

(3.) In the month of February, 1969, there was an election held for electing members to the Punjab Legislative Assembly. From the constituency of the appellants and the deceased there were three contesting candidates in the field, namely:Pritam Singh, Joginder Singh and Gurmit Singh. The first two were contesting the election as independent candidates and Gurmit Singh was an Akali candidate. Shingara Singh, father of appellant Chain Singh, was helping Pritam Singh in the election while Khazan Singh, the deceased, who was killed in the occurrence, was on the side of Joginder Singh. Eventually, Gurmit Singh was elected. But according to the prosecution case, the family of Shingara Singh continued to bear a grudge against Khazan Singh.