JASWANT SINGH & ORS. Vs. STATE

JUDGEMENT

(1.) Jaswant Singh, his wife Mst. Lajwanti and her brother Baldevsingh were committed to take their trial in the court of Session for the murder of Sewa Singh and Buti Singh on the 18th of Baisakh 1998. One Baisakhi Singh is also said to have taken part in this murder but he was absconding and has not yet been arrested. The learned Sessions Judge has held that the case against Jaswant Singh, his wife Mst. Lajwanti and Baldev Singh was proved and they have been sentenced to imprisonment for life. These accused have preferred appeals against their convictions and sentences. On behalf of the prosecution the complainant has made an application for the enhancement of the sentence passed on the three accused.

(2.) The prosecution case may be stated as follows:-

(3.) There are no eye witnesses of the murder. The case depended for its decision on the confessions of the accused and circumstantial evidence which is produced in the case. We are informed by the learned Advocate-General that when the case was taken up before the learned Sessions Judge the Public Prosecutor was not present owing to illness or for some other reason and so the trial was conducted by the prosecuting inspector. In our opinion this was undesirable. The sessions trials should be conducted by the Public Prosecutor and if the Public Prosecutor was not present for some reason the Court should have adjourned the case to give the Public Prosecutor an opportunity to deal with important points in the case. It has been brought to our notice on behalf of the prosecution that the daughter of Hazara Singh gave some clue to the police but it is most unfortunate that that girl was not examined as a witness. It appears to us that the whole difficulty is due to the fact that the Public Prosecutor was not used to conduct important cases like the one before us and, therefore, the trial in the Court below was unsatisfactory and on several points on which evidence could have been led before the Court we find that no attempt was made to do so.