The court held that an approver's statement must be corroborated by independent evidence to sustain the conviction of the accused, unless there are exceptional circumstances that make it safe to dispense with corroboration.

HARBANS SINGH, J.

1. This is an appeal filed by Mohinder Singh, Swaranjit Singh and Gurcharan Singh against their conviction under Section 302 read with Section 149 of the Indian Penal Code and sentence of imprisonment for life. They were also convicted under Section 148 and sentenced to two years rigorous imprisonment each. Tarlok Chand, who was tried along with the appellants was, however, acquitted. Finding of the Court was that these appellants along with one other person, who was unidentified, and the approver did attack Paramjit Singh with knives resulting in his death.

2. According to the prosecution story, Paramjit Singh deceased along with Mohinder Singh accused and one Kewal committed a robbery in Gill Road at Ludhiana. After some time when relations between Paramjit Singh and Mohinder Singh got strained, Mohinder Singh laid information with the police regarding the said robbery. Paramjit Singh and Kewal were arrested and challaned but were acquitted. Thereafter Paramjit Singh remained on the lookout to belabour Mohinder Singh and the latter always avoided him. As Gurdev Singh approver was a friend of Mohinder Singh, being a class-fellow in the school, Paramjit Singh also was on the lookout to give beating to Gurdev Singh and he also avoided him because Paramjit Singh was stronger than Gurdev Singh in physical strength. Swaranjit Singh and Gurcharan Singh, the other two appellants, are said to be friends of Mohinder Singh. Some three or four days before the present occurrence these three persons met Gurdev Singh at a shop, a little distance from the premises of Harjit Mechanical Works belonging to Gurdev Singh, and they planned to kill Paramjit Singh, who was a source of trouble to them. Tarlok Chand was in the employment of Gurdev Singh and on being consulted he also agreed to join hands with them.

3. On 3rd of June, 1960, the four accused and the approver on getting information that Paramjit Singh was likely to go to Kailash Theatre to see Chaudhvin Ka Chand, armed themselves with knives and went towards that side but did not find him there though they waited till 7.30 p.m, Thereafter they went towards the house of Kewal P.W., who was a friend of Paramjit Singh and whom he was in the habit of visiting. These persons stood outside in the street in the dark and they saw Paramjit Singh sitting inside the baithak of Kewal. There being light inside, they could see him through the wire-gauze door while he could not see them outside. Mohinder Singh, Tarlok Chand and Swaranjit Singh, therefore, stood on one side of the entrance while the remaining two stood on the other, to block the way. When Paramjit Singh came out after about 20 minutes, he turned towards the Grand Trunk Road on which side Mohinder Singh, Swaranjit Singh and Tarlok Chand were standing. They attacked him with their knives and meanwhile the other two also reached there and gave him injuries. When the deceased fell on the ground, his watch also dropped there which was taken away by Mohinder Singh who handed it over to Swaranjit Singh. Three persons, two being Sikhs and one Hindu, were near-about the place where they were attacking the deceased and they used abusive language towards them and threetened to capture them. When they made an attempt to come towards them, the accused threatened them and so they did not come near. Thereafter all the accused ran away in different directions. Those three persons (two of whom now depose as eye-witnesses) also left the place and did not take any steps to render any assistance to the injured or call for any help. The injured, in about 15 minutes or so, went back into the baithak of Kewal, who went and informed Prithipal Singh, brother of the injured and when Prithipal Singh came to the baithak, he found that Paramjit Singh had died.

4. Matter was reported to the police by Prithipal Singh at 10.15 p.m. Next day Sant Singh P.W. 6 and Ujagar Singh P.W. 7 came forward as eye-witnesses of the occurrence and took the