MOHINDER SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal filed by Mohinder Singh, Swaranjit Singh and Gurcharan Singh against their conviction under Section 302 read with S. 149 of the Indian Penal Code and sentence of imprisonment for life They were also convicted under Section 148 and sentenced to two years' rigorous imprisonment each. Tarlok Chand, who was tried along with the Appellants was, however, acquitted. Finding of the Court was that these Appellants along with one other person, who was unidentified, and the approver did attack Paramjit Singh with knives resulting in his death.

(2.) ACCORDING to the prosecution story, Paramjit Singh deceased along with Mohinder Singh accused and one Kewal committed a robbery in Gill Road at Ludhiana. After some time when relations between Paramjit Singh and Mohinder Singh got strained, Mohinder Singh laid information with the police regarding the said robbery. Paramjit Singh and Kewal were arrested and challaned but were acquitted. Thereafter Paramjit Singh remained on the lookout to belabour Mohinder Singh and the latter always avoided him. As Gurdev Singh approver was a friend of Mohinder Singh, being a class -fellow in the school, Paramjit Singh also was on the lookout to give beating to Gurdev Singh and he also avoided him because Paramjit Singh was stronger than Gurdev Singh in physical strength. Swaranjit Singh and Gurcharan Singh, the other two Appellants, are said to be friends of Mohinder Singh. Some three or four days before the present occurrence these three persons met Gurdev Singh at a shop, a little distance from the premises of Harjit Mechanical Works belonging to Gurdev Singh, and they planned to kill Paramjit Singh, who was a source of trouble to them. Tarlok Chand was in the employment of Gurdev Singh and on being consulted he also agreed to join hands with them.

(3.) MATTER was reported to the police by Prithipal Singh at 10.15 p. m. Next day Sant Singh P.W.6 and Ujagar Singh P. W. 7 came forward as eye -witnesses of the occurrence and took the position that they were able to identify the accused because there was street light at or near the place of occurrence. Mohinder Singh, Gurcharan Singh, Tarlok Chand and Gurdev Singh were arrested on 7th of June while Swaranjit Singh surrendered into the Court the same day. They were remanded to judicial lockup but on the same day the investigating officer obtained their remand to the police custody but the Magistrate warned the accused that they should keep their faces covered. Identification parade was arranged for 13th June but all the accused and the approver refused to participate on the ground that they had been shown, to the witnesses. During the course of the investigation, Gurdev Singh and Tarlok Chand on 19th of June and Mohinder Singh on 20th of June are said to have led to the recovery of a knife each from different places after making disclosure statements. On 20th Swaranjit Singh led to the recovery of a watch alleged to be of the deceased). On 20th of June, 1960 Gurdev Singh was produced before the Superintendent of Police and thereafter before the Additional District Magistrate and was granted pardon and made an approver.