Judgement

GAJENDRAGADKAR, J. - Harbans Singh, Gurdial Singh and Sarwan Singh were charged in the Court of the learned Additional Sessions Judge at Ludhiana; with having committed an offence of murder punishable under S. 302, Penal Code. The case against them was that they, along with Banta Singh, the approver, had intentionally caused the death of Gurdev Singh by inflicting injuries on his person with kirpan, toki and dang on 23rd November 1955, within the limits of the village Sohian, police station Jagraon.

The learned trail Judge held that the charge framed against all the three accused had been proved beyond a reasonable doubt. That is why he convicted them of the offence charged and sentenced each one of them to death. On appeal to the High Court of Punjab, the order of conviction and sentence imposed against Harbans Singh and Sarwan Singh was confirmed whereas the order of conviction and sentence against Gurdial Singh was set aside and he was ordered to be acquitted and discharged. Accused 1 Harbans Singh and accused 3 Sarwan Singh have come to this Court in appeal by special leave.

2. It would be convenient to state the prosecution case very briefly at the outset. Gurdev Singh,