STATE OF PUNJAB Vs. SWARAN SINGH

JUDGEMENT

(1.) A Division Bench of this Court has while hearing two murder appeals and an accompanying reference expressed doubts about the correctness of a decision rendered by another Division Bench in Santokh Singh v. State of Punjab,, 2000 (3) RCR 637 and referred to a larger bench, the following two questions for an authoritative pronouncement : -

(2.) The reference arises in the following backdrop : -

(3.) THE Court also relied upon the decision of Supreme Court in Mithu v. State of Punjab,, 1983 SCC (Crl.) 405 whereby Section 303 of the Indian Penal Code was struck down by their Lordships as unconstitutional and held that Constitutional validity of Section 27(3) of the Arms Act required to be examined inasmuch as the said provision excluded judicial assessment and discussion visualised in Mithu's case (supra).