State Of Punjab vs Manjit Singh & Ors

3. Consequent to the aforesaid murders, a First Information Report (for short `the FIR') was registered bearing FIR No. 46, on 26.06.1994 at about 2.30 2 a.m. on the statement of Joginder Singh who approached the Police Station, Sirhind and got recorded the FIR to the effect that he was working as an electrician and had been living near Gurdwara Bara Sirhind and that on the intervening night of 26.06.1994, when he was sleeping in his house, at about 1.30 a.m. he heard a noise from the house of Sewa Singh, the deceased which was located quite near his house, he went outside and saw that the light in front of the house of Inderjit Singh was on and two Sikh youths armed with Kirpans stained with blood were shouting that they had finished Sewa Singh, the deceased, his son Rachhpal Singh alias Happy and their supporters and they would not spare anybody who comes to their help. It was also stated in the FIR that he along with other neighbours went to the house of Sewa Singh and found him dead. They left Bhinder Kaur near the dead body and went to the Gurdwara Sahib where they found other three persons murdered namely Rachhpal Singh alias Happy, Inderjit Singh and Kuldip Singh. While Rachhpal Singh alias Happy and Inderjit Singh were lying murdered in the room of the Gurdwara Sahib, Kuldip Singh was found killed in the Varandah of the Gurdwara.

4. After registering the FIR the police started investigation during the course of which they arrested Kamaljit Singh, Manjit Singh. Bhinder Kaur was also arrested. After completion of the investigation, the police submitted 3 charge-sheet against the aforesaid accused persons. The court framed charges against the accused persons under Sections 302/34 IPC read with Section 120-B IPC, for causing death of Sewa Singh, Rachhpal Singh alias Happy, Inderjit Singh and Kuldeep Singh.

7. All the aforesaid three criminal appeals and the reference were taken up together for consideration and after appreciation of the evidence on record, the High Court upheld the order of conviction passed against all the three accused persons. The High Court, however, after considering the facts and circumstances of the case held that the case in hand cannot be called as rarest of the rare cases. It was held by the High Court that both the appellants (respondents herein) who have been sentenced to death do not deserve capital punishment. Consequently, their sentence of death was converted into a sentence of imprisonment for life and to pay a fine of Rs. 10,000/- each.

8. The State of Punjab being aggrieved by the aforesaid order of alteration of the sentence of the two accused persons namely Kamaljit Singh and Manjit Singh filed the present appeals on which the notice was issued. The appeals were listed for hearing and we heard the appeals with the assistance of Public Prosecutor appearing for the State of Punjab.

(b) Are the circumstances of the crime such that there is no alternative but to impose death sentence even after according maximum weightage to the mitigating circumstances which speak in favour of the offender."

19.In view of the aforesaid discussion, keeping in view entire facts and circumstances of the case, the reasons given by the High Court for altering and converting capital sentence to a sentence of life are found to be cogent and reasonable. We do not intend to interfere with the said judgment and order passed by the High Court. Therefore, the life sentence awarded to all the three accused persons by the High Court stands upheld.

20.In the result, the appeals stand dismissed.