GURMIT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) U. P. Singh, J. This appeal has been placed before me under Section 392, Cr. P. C. on a difference of opinion between the two Hon'ble Judges of this Court, Hon'ble Justice Giridhar Malviya and Hon'ble Justice Surya Prasad. Hon'ble Justice Giridhar Malviya has dismissed the appeal preferred by the sole appellant Gurmit Singh, whereas Hon'ble Justice Surya Prasad has allowed the appeal and set aside the judgment and order of the learned Additional Sessions Judge, Shahjahanapur arid, accordingly, reference No. 6 of 1992 regarding confirmation of death sentence awarded to Gurmit Singh has been rejected.

(2.) THIS relates to an incident which took place at 11 p. m. in the night of 17th August, 1986 at the residence of the family of the appellant Gurmit Singh known as 'jhala'. THIS is located in the 'tarai' region of this State, where persons belonging to the Sikh community, in particular, cultivated the land by clearing the large chunk of jungles. Generally, one family got one such accommodation for the entire family. In this incident, thirteen persons of the family were killed, who were sleeping and were the real and near relatives. Even the infants, innocent children aged about four years as also the ladies and the old men were killed.

(3.) AGAINST the said judgment of the learned Additional Sessions Judge, Shahjahanpur, in Sessions Trial No. 37 of 1987, one Criminal Appeal No. 1333 of 1992 was preferred by the sole appellant Gurmit Singh. However, no appeal was preferred by the State against the order of acquittal of accused Jawahar passed by the learned Additional Sessions Judge.