STATE OF PUNJAB Vs. MOHINDER SINGH

JUDGEMENT

(1.) A question of far-reaching importance has cropped up in one of the appeals being Criminal Appeal No. 614-DB of 1980, part of these triple matters placed before us for disposal. The question is whether this Court can require the State Government or its Public Prosecutor, as the case may be, to establish whether an appeal against acquittal under Section 378 (1) of the Cr. P. C. was filed under directions postulated therein.

(2.) BARE-FACEDLY, four men stood trial under Sections 302/34 and 307/34, penal Code, before the Sessions Judge, Bhatinda. Out of them, Mohinder Singh (appellant in Cr. A. No. 335-SB of 1980) alone was convicted under Section 304 Part-I, I. P. C. and sentenced to seven years rigorous imprisonment. The remaining three namely Gurcharan Singh, Jagvinder Singh and Bharpur Singh were acquitted having been given the benefit of doubt. These three are respondents in the State appeal against the order of acquittal being Criminal Appeal No. 614db-A of 1980. Along with them is the fourth respondent Mohinder Singh, the appellant in Criminal Appeal No. 335-SB of 1980. Plainly, these appeals have arisen from the same judgment and had to be heard together.

(3.) THE facts of the case would be taken note of later since the deck has to be cleared before they are put to sail. Another set of facts need first be taken note of.