Judgment

CHANDRACHUD, CJI. :- Ten persons were tried by the learned Additional Sessions Judge, Ferozepur, for offences under Sec. 302 read with Secs. 120-B and 149 of the Penal Code on the charge that, in pursuance of a conspiracy, they caused the death of five persons and injuries to three others on the night between the 29th and the 30th Sept. 1978 in the village of Kaile. Convicting nine out of these for the offences of conspiracy of murder, the learned Judge sentenced accused Nos. 1, 3, 4, 5, 6 and 7 to death and accused Nos. 2, 8 and 9 to life imprisonment. Accused No. 10 Harbans Kaur, wife of accused No. 2 Darshan Singh alias Bhasuri, was acquitted. The High Court of Punjab and Haryana confirmed the death sentence imposed upon accused Nos. 1, 3, 5, 6 and 7, but reduced the sentence of accused No. 4 to life imprisonment. Thus, in these appeals by special leave, we have before us five persons who are sentenced to death and two who are sentenced to imprisonment for life.

2. Buta Singh, the son of accused No. 1, was murdered in June 1977. Certain members of the family of those who were murdered in the instant case were tried for the murder of Buta Singh, but they were acquitted in March 1978. That is the background of the incident leading to the present crime and furnishes its motive.

3. Mohinder Singh (P. W. 15) who had a farm-house in village Kaile, used to live therein with his family, including his brothers Jarnail Singh (since deceased) and Nirval Singh (P. W. 16). On the night between 29th and 30th Sept. 1978, Mohinder Singh and the members of his family were sleeping in the courtyard of the farm-house. It is alleged that accused Nos. 3 to 10, most of whom were carrying firearms, entered the courtyard from the western side and fired at the persons who were sleeping in the courtyard. Sohan Singh, a member of Mohinder Singhs family, woke up and fired at the accused in self-defence. After he was hit by a shot fired by the accused, Mohinder Singh took his gun and fired at the accused, killing a person called Darbara Singh who belonged to the party of the accused. As a result of the shots fired by the accused, Jarnail Singh, Amar Singh and Sher Singh died instantaneous deaths. Wassan Singh died soon thereafter in the hospital, while Sohan Singh died early next morning after making a dying declaration. Nirval Singh (P. W. 16) and Sant Kaur (P. W. 24) received gun-shot injuries. A bullock and calf also perished and a buffalo was injured in the incident.

4. Shortly after the occurrence, Tarlok Singh, the Sarpanch of the village, and a brother of his reached the place of occurrence. Wassan Singh, Sohan Singh, Nirval Singh and Sant Kaur were removed to the hospital, while Mohinder Singh went to the Dharamkot Police Station and lodged his First Information Report, Exhibit PHH, at 4.30 a.m.

5. Accused No. 1 Darshan Singh alias Bhasuri, accused No. 2 Joga Singh and accused No. 9 Sadha Singh were put under arrest after they surrendered themselves in October-November 1978. Accused No. 6, Bakshish Singh, was arrested on Oct. 20, 1978. One SBBL bore gun (Exh. P-60) and four live cartridges were recovered from his person under the recovery memorandum Ex. P. GGG. Accused Nos. 3 and 7, Sarabjit Singh and Manohar Singh, were arrested on the night between 22nd and 23rd Oct. 1978. One SBBL 12 bore unlicensed gun (Exh. P-76) and three live cartridges were seized from the person of accused No. 3 under the Memo Exh. P. ZZZ. A self-loaded unlicensed rifle (Exh. P. 73) loaded with 2 live cartridges along with 2 spare cartridges were recovered from accused No. 7 under the Memo Exh. P. XXX. Accused No. 5, Darshan Singh was arrested on Oct. 23, 1978. An unlicensed 303 rifle (Exh. P. 67) and 5 live cartridges were recovered from his person under the Memo Exh. P. TTT. Accused No. 4, Swaran Singh was arrested on Oct. 24, 1978. An unlicensed country-made 315 pistol (Exh. P. 80) and four live cartridges were seized from his person under the Memo Exh. P. CC. T