Case Note & Summary
The case involved two appellants, Narinder Singh and Ravinder Singh alias Khanna, who were tried for the murder of Gurdev Singh under Section 302/34 of the Indian Penal Code (IPC). They were initially acquitted by the Sessions Judge in Jalandhar on January 8, 1991. The State of Punjab and the complainant challenged this acquittal in the Punjab and Haryana High Court, which overturned the acquittal on January 20, 1998, convicting both appellants. The prosecution's case was based on the assertion that the appellants had threatened Gurdev Singh to vacate his position as Granthi of the Gurudwara and subsequently murdered him on November 6, 1989, when he was on his way to the bank with his son. The High Court found the evidence, particularly the testimony of Gurdev Singh's son, Hardip Singh, to be credible, despite the defense's arguments regarding lack of corroboration and the absence of physical evidence like the cycle and bank passbook. The Supreme Court upheld the High Court's decision, emphasizing that the trial court's judgment was manifestly erroneous and that the evidence indicated a common intention to commit murder. The court dismissed the appeal, ordering the appellants to be taken into custody immediately.
Headnote
A) Criminal Law - Murder - Conviction under Section 302 IPC - High Court's intervention justified - Indian Penal Code, 1860, Sections 302, 34 - The High Court found the evidence led by the prosecution trustworthy and overturned the trial court's acquittal, establishing that both appellants acted with common intention to murder Gurdev Singh. The trial court's judgment was deemed perverse and inappropriate in its appreciation of evidence. Held that the High Court rightly convicted the appellants (Paras 1-9).
Issue of Consideration
Whether the High Court erred in setting aside the acquittal of the appellants and convicting them under Section 302 IPC.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's conviction of the appellants under Section 302 IPC.
Law Points
- Section 302 IPC
- Section 34 IPC
- common intention
- acquittal
- burden of proof
- corroboration of evidence
