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VIVIAN BOSE, M.C.MAHAJAN, B.JAGANNATHA DAS
Dalip Singh – Appellant
Versus
State Of Punjab – Respondent
How to determine when Section 149 IPC can be applied in a murder case? What is the discretion of the trial judge in sentencing for murder and when can an appellate court interfere? What are the requirements for corroboration of eye-witness testimony in murder cases?
Key Points: - The judgment discusses whether Section 149 IPC can be invoked only when there is certainty of at least five persons sharing a common object, and cautions against uncertain findings regarding number ( (!) , (!) , (!) ). - It addresses that in murder cases the death penalty should ordinarily be imposed, but appellate interference is possible only if the trial court's reasons are insufficient or improperly exercised, particularly regarding sentencing discretion ( (!) , (!) ). - It holds that the two eye-witnesses’ testimony does not require corroboration merely because they are related or female, rejecting a general prudential rule; each case must be judged on its facts ( (!) , (!) ).
Judgement
BOSE, J. :
Four persons appeal against sentences of death passed upon them in convictions for a double murder, the victims being two brothers Rattan Singh and Bawa Singh. The learned Sessions Judge convicted three others also but sentenced all, including the four appellants, to transportation for life. The High Court acquitted three of the seven but sustained the convictions of the four appellants and enhanced their sentences in each case to death.
2. The prosecution story is simple. All seven accused belong to the same village and belong to the same faction, or "party", as Mst. Punnan (P. W. 2) calls it. Of the seven, the appellants Dalip Singh and Battan Singh are brothers. Jarnail Singh who was acquitted is a son of Battah Singh. The remaining four, including the appellants Sadhu Singh and Kundan Singh, are not related to the other three and, except for the evidence that they belong to the same party, are not known to have any common interest with the other three.
3. The appellants Dalip Singh and Battan Singh are said to have assaulted the two dead men Rattan and Bawa about twenty years before the occurrence. They were prosecuted and convicted and served short terms of i
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