SUCHHA SINGH BASSI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of three petitions ( Nos. 19, 20 and 21/ Sct. of 1971) Art. 134 (1) (c) of the Constitution of India seeking certificate for appeal to the supreme Court against our judgment and order, dated 21st September, 1970, whereby we confirmed the sentences of death imposed upon the petitioners Sucha singh, Baldev Singh and Nahar Singh by the trial Court and dismissed their appeals against their conviction for various offences under Sections 120-B, 302, 302/34 of the Indian Penal Code etc.

(2.) SHRI Partap Singh Kairon, as ex-Chief Minister of Punjab, was murdered on 6th february, 1965, along with three other persons who were travelling with him in the same car. The investigations led to the prosecution of the three petitioners such Singh, Baldev Singh and Nahar Singh and on trial by the learned Additional sessions Judge, Rohtak, all of them were convicted under Sections 120-B, 302, 302/34 etc. of the Indian Penal Code and sentenced to death besides imprisonment awarded for minor offences. The appeals preferred by the three convicts against the order of the trial Court, dated 6th June, 1969, along with the reference under Section 374 of Criminal P. C. for confirmation of he sentences of death awarded to the three petitioners were confirmed on 21st September, 1970. The petitioners have now approached us to certify the case as fit for appeal to the supreme Court under Art. 134 (1) (c) of the Constitution of India, urging :--

(3.) ACCORDING to the rules of this Court, appeals against conviction for murder and reference under Section 374 of the Criminal P. C. for confirmation of the sentence of death are heard by a Division Bench consisting of two Judges. This special bench of three Judges was, however, constituted by our Lord the Chief Justice for hearing the petitioners' appeals and reference for confirmation of the sentences of death passed on them. Though one of us came to the conclusion that the prosecution had failed to prove the complicity of any of the three petitioners in the crime and thus all of them were entitled to acquittal on all the charges, the majority judgment agreed with the findings of the trial Court and not only affirmed the conviction of the three petitioners on all the charges but also confirmed the sentence of death awarded to them.