HARJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution challenges order dated 20-3-2003 (P-5), passed by the Principal Secretary to Government of punjab, Department of Home Affairs and justice, Chandigarh respondent No. 2. As per the impugned order respondent Nos. 3 to 6 and Daya Singh son of Balwant Singh (since deceased) have been released by granting them remission without requiring them to serve the sentence of 10 years rigorous imprisonment as per the orders dated 6-3-1998 (P-l), passed by Hon'ble the Supreme Court in Criminal Appeal No. 589 of 1988, titled as Harjinder Singh v. Karnail singh and others, and Criminal Appeal No. 784 of 1989, titled as State of Punjab v. Karnail Singh and others now reported in air 1998 SC 1648 : (1998 Cri LJ 2053 ). A further prayer has also been made for commanding respondent Nos. 1 and 2 to comply with orders dated 6-3-1998 (P-l), passed by Hon'ble the Supreme Court, to take respondent Nos. 3 to 6 into custody and confine them to jail to undergo the remaining period of sentence of ten years rigorous imprisonment.

(2.) FACTS : There is a village called bhadaur in the Sub Division Barnala (District Sangrur ). Late in the evening of 24-4-1983 a number of persons were killed by a group of accused. A case FIR No. 41, dated 25-4-1983 was registered at Police Station bhadaur on the statement of Head Constable chanan Singh, regarding the occurrence. The petitioner and his companions were arrested. It is claimed that the actual accused, were not named in the FIR. Therefore, on 2-8-1983 the petitioner was compelled to file a private complaint in the Court of Judicial magistrate 1st Class, Barnala, naming nine other accused persons. The case was committed to the Court of Sessions by the learned Magistrate, vide order dated 30-3-1984. Both the cases arising out of FIR No. 41, dated 25-4-1983 and arising out of private complaint, dated 2-8-1983, filed by the petitioner were clubbed by the learned Additional Sessions Judge, Barnala. It was ordered that the evidence recorded in one case be treated as evidence in the other case. On 29-1-1986, the Trial Court convicted karnail Singh (respondent No. 3), Gurcharan singh (respondent No. 4), Mohinder Singh (respondent No. 5), Ghala Singh (respondent no. 6), Daya Singh (since deceased), Bachan singh (since deceased) and Gurdial Singh under Section 302 read with Section 149 ipc and sentenced them to undergo imprisonment for life. However, the other accused persons were acquitted.

(3.) FEELING aggrieved, the accused convict preferred an appeal to this Court, bearing Criminal Appeal No. 58-DB of 1986, which was allowed vide judgment dated 12-10-1987, setting aside their conviction and sentence. During the pendency of the said appeal accused/convict Bachan Singh son of Shingara Singh died.