Judgment

RAMASWAMI, J.: The appellant Piara Singh and one Nand Lal Sehgal were tried together by the Sessions Judge of Kapurthala, who by his judgment dated 1st July, 1967, convicted the appellant under Section 302, I. P. C. and sentenced him to death. The appellant was also convicted and sentenced to 5 years rigorous imprisonment under Section 3 of the Explosive Substances Act and to 5 years rigorous imprisonment under Section 326 of the Indian Penal Code. Nand Lal Sehgal was sentenced to life imprisonment under Section 302 read with Sections 109 and 113 I. P. C. and to 5 years rigorous imprisonment under Section 4 of the Explosive Substances Act. Both the convicted persons filed appeals in the Punjab and Haryana High Court, viz., Criminal Appeals Nos. 602 of 1967 and 601 of 1967. The State of Punjab also filed a criminal revision No. 1006 of 1967 for enhancement of sentence of Nand Lal Sehgal. By a common judgment dated 3rd November, 1967, the High Court dismissed the appeal of the appellant and confirmed the sentence of death imposed upon him. The High Court, however, acquitted Nand Lal Sehgal by allowing his appeal and dismissed the revision petition filed by the State of Punjab. These are two appeals, one by certificate and the other by special leave on behalf of the appellant Piara Singh against the judgment of the Punjab and Haryana High Court dated 3rd November, 1967.

2. The case of the prosecution was that one Ram Sahai P. W. 19 who was the organising Secretary of Jagatjit Kapra Mills Mazdoor Union, Phagwara, had proceeded on hunger strike from 1st October, 1966 in front of the gate of the Jagatjit Textile Mills, Phagwara (hereinafter called the Mills), in order to compel the management to accept certain demands of that Union regarding dearness allowance, gratuity for re-employment of the labourers who had been turned out of service and the like. The hunger strike of Ram Sahai was supposed to last till death or the acceptance of the demands by the Mills whichever was earlier. A tent had been fixed outside the gate of the Mills and Ram Sahai used to sit on a cot under the tent. On 4th October, 1966, at 1-45 P. M. Ram Labhaya, Postman, P. W. 31 came there with a registered parcel addressed to Ram Sahai. On the parcel being opened, a bomb inside it exploded, as a result of which Radhey Sham, Shadi Lal and Charanjit Lal died and P. W. 11 Channan Singh, P. W. 14 Moti Lal, P. W. 16 Madhu Parshad, P. W. 17 Tara Singh, P. W. 18 Ram Dass, P. W. 20 Muni Lal and P. W. 21 Naunihal Singh received injuries. It is alleged for the prosecution that the parcel had been despatched by the appellant from Amritsar at the instance of Nand Lal Sehgal and that the approver Mohinder Singh had helped the appellant in preparing the parcel containing the bomb.

3. The first clue in connection with the crime was obtained by the police on 8th October, 1966 when at about 4.00 P. M., P. W. 25 Amrik Singh, a resident of Amritsar appeared before Sub-Inspector Mohinderpal Singh P. W. 59 and made a statement that he had known Piara Singh before and was friendly with him, that on 3rd October, 1966, Piara Singh, who was carrying a Jhola, which appeared to contain something bulky, met him and in response to an invitation for tea, told Amrik Singh that he was in a hurry to go for some work. Three or four days later, Amrik Singh read in a newspaper regarding explosion of a bomb near the Textile Mills Phagwara. On the 7th October, 1966, Sri Niwas, P. W. 27 who is a deed writer, met him and told him that Piara Singh had despatched a parcel from Amritsar.

4. The most important witness in the case is Mohinder Singh, P. W. 8 who was tendered pardon under Section 337 of the Code of Criminal Procedure by the District Magistrate, Kapurthala. The evidence of the approver is to the effect that he was working in the Mills since 1951 and three or four years later Piara Singh also joined service in that Mills and was working as his subordinate. Piara Singh developed cordia