GURSHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THREE accused in Karam Singh, Karamjit Singh and Gursharan Singh were charged for abetment of criminal trespass into the house and Haveli of Geja Singh in village Sangojla or getting Naranjan Singh, Karnail Singh and Sukhvinder Singh murdered therein through a hired assassin named Jagtar Singh alias Billa under Sections 449/109, 120-B of the Indian Penal Code and for abetment of the murders aforesaid under Section 30 read with Section 109 of the Indian Penal Code. Substantive charge for criminal trespass, conspiracy and murder was not framed against convicted accused- appellant Gursharan Singh at all. Vide its impugned judgment dated June 4, 1990 learned trial Court convicted him of the commisison of the offence under Section 302 of the Indian Penal Code for committing the murders of three persons aforesaid and sentenced him to undergo imprisonment for life and to pay Rs. 1000/- as fine. In default of payment of fine, the accused was oldered to undergo rigorous imprisonment for a further period of six months. Feeling aggrieved there from Gursharan Singh has filed Criminal Appeal No. 161-DB of 1990 in this Court.

(2.) WE have heard Shri A.S. Chahal, Advocate, for the appellant, Shri S.S. Kang, DAG Punjab for the State and have perused the entire relevant material on record very carefully.

(3.) FURTHERMORE as already observed there was no charge for murder against the convicted accused-appellant. Conspiracy and abetment were the only charges against him. It has repeatedly been held by their lordships of the Supreme Court in Nanak Chand v. State of Punjab, AIR 1955 SC 216; Suraj Pal v. State of Uttar Pradesh, AIR 1955 SC 419 and Willie (William) Slaney v. State of M.P., AIR 1956 SC 116 :-