( 1 ) THIS is an appeal by the appellant Ranjit Singh under Sub-section 2 of Section 374 of the Code of Criminal Procedure, 1973, against conviction by judgment dated 26th March, 1993 and order of sentence dated 27th March, 1993, passed by the Additional Sessions Judge, Delhi, in Sessions Case No. 33 of 1984.

( 2 ) THE appellant has been convicted and sentenced under six heads. First, for conspiracy to kill Baba Gurbachan Singh, under Section 120-B, IPC. Secondly, for the murder of Baba Gurbachan Singh in pursuance of the conspiracy under Section 302 read with Section 120-B, IPC. Thirdly, for the murder of Pratap Singh under Section 302 read with Section 34, IPC. Fourthly, for attempt to murder Kuldip Singh Walia under Section 307 read with Section 34, IPC. Fifthly, for conspiring to cause explosion of hand-grenades to endanger life and property under Section 4 of the Explosive Substances Act, 1908. Lastly, for possessing arms and ammunition with intent to use the same for unlawful purpose under Section 27 of the Arms Act, 1959. On each of the first three heads, sentence of imprisonment for life and fine of Rs. 4,000. 00 , and in default of payment of fine rigorous imprisonment for one year, has been passed against him. And, in respect of each of the other heads, sentence has been passed for rigorous imprisonment for 7 years and fine of Rs. 4,000. 00 , and in default of payment of fine rigorous imprisonment for one year. The life sentence under the first three heads was directed to be concurrent. However, the benefit of set-off under Section 428, Cr. P. C. was not extended in respect of the sentence of imprisonment for life.

( 3 ) ACCORDING to the prosecution, there was long- standing enmity between the Akali faction of Sikhs and the Nirankaris due to ideological differences between the two sects. On Baisakhi day i. e. 13th April, 1978, a fight amongst them took place in which 13 Sikhs were killed at Amritsar. In that case Baba Gurbachan Singh and 60 other Nirankaris were prosecuted. But, they were acquitted on 4th January, 1980. This further enraged the Akalis. Jathedar Sant Jamail Singh Bhinderwala, a leader of the Akalis, made provocative speeches against the Nirankaris and gave a call for killing the Nirankari head Baba Gurbachan Singh. His offensive speeches were published in various newspapers in Punjab and elsewhere from time to time. On 19th March, 1980 there was an attack on Baba Gurbachan Singh at Durg in Madhya Pradesh, but he survived. Baba Deep Singh Ranjit Akhara trained Sikhs in martial arts in Delhi. Its members were staunch Akalis and anti Nirankaris. They used to obstruct and disrupt Nirankari congregations (Samagams) held in Delhi. Appellant Ranjit Singh was an active member of the Akhara. He was a carpenter by profession, knew shooting by gun and was a good marksman. Incensed by anti-Nirankari feelings and to avenge the killing of Sikhs at Amritsar, appellant Ranjit Singh alongwith some other known and unknown persons hatched a conspiracy to kill Baba Gurbachan Singh. In pursuance of the conspiracy and to achieve the object thereof, in February, 1980, he infiltrated into the rank and file of the Nirankaris through the good offices of Onkar Singh (Public Witness -24) and Dr. Des Raj and joined the Nirankari Mission. Baba Gurbachan Singh had his residence in the Nirankari Bhawan, which was a castle of the Nirankaris. Ranjit Singh started working in the carpentry workshop inside the Nirankari Bhawan Complex. Ostensibly, he also started doing service (Sewa ). Gradually, he won over the confidence of those who mattered and gained free access into the Nirankari Bhawan. In March and April, 1980, he also worked at the places of some of the Nirankaris. Off and on, when he was working at places outside, he borrowed tools and brought in beams and logs of wood for sawing and grooving in the carpentry workshop. Sometimes, he also stayed in the guest house that was located just opposite the residence of Ba