JAGIR SINGH versus STATE OF PUNJAB

Citation: [1967] 3 S.C.R. 256 · Decided: 21-03-1967 · Supreme Court of India · Bench: R.S. BACHAWAT · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

JAGIR SINGH 
v. 
STATE OF PUNJAB 
March 21, 1967 
[R. $. BACHAWAT AND J. M. SHELAT, JJ.j 
Indian Penal Code, 1860 (Act 45 of 1860). s. 34-Two convicted, 
other accused acquitted-Applicability. 
The two appellants and four other named persons were charged for 
murder. The Sessions Judge acquitted 
the four persons but sentenced 
A 
B 
the two appellants under ss. 302 and 201 read with s. 149 I.P.C. The 
High Court altered the convictions to those under ss. 302 and 201 read c 
with s. 34. In appeal to this Court, 
HELD : The appeal. must be dismissed. 
Where six named accused persons are ·charged under s. 302 read with 
s. 34 of the Indian Penal Code for committing murder and the evidence 
is directed to establish that the said six persons have taken part in the 
murd<jr and it is not known who gave the fatal blow, on the acquittal of 
four persons the remaining two accused can be convicted of the offence 
under s. 302 read with s. 34. 
Even if it was not known which particu-
lar person Or persons gave the fatal blows, once it was found that the 
murilers were committed ·in furtherance of the common intention of all, 
each one of all such persons was liable as though the murders had been 
committed by him alone. 
Section 34 is ·intended to meet a case where 
members of a party acted in furtherance of the common intention of all 
but it was difficult to prove exactly the part played by each of them. 
The principle which the section embodies is the participation in some 
action with the intention of committing a crime; once such participation 
is established, s. 34 is at once attracted. [260B; 260H-261B] 
Bharwad Mepa Dana & Anr. v. State of Bombay, 
(1960] 2 S.C.R. 
I 72, applied . 
D 
E 
. Prabhu Babaii Novle v. State of Bombay, A.J.R. 1956 S.C. SI, dis-
F 
tinguished. 
CRIMINAL APPELLATE JURISDICTION : 
Criminal Appeal 
No. 210 of 1966. 
Appeal by special leave from the judgment and order dated 
March 22, 1966 of the Punjab High Court in Criminal Appeal 
G 
No. 26 of 1966 and Murder Reference No. 2 of 1966. 
Jai Gopal Sethi, C. L. Saretn .and R, L. Kohli, for the appel-
lants, 
Hans Raj Khanna and R. N. Sachthey, for the respondent. 
The Judgment of the Court was delivered by 
Bachawat, J. Six persons including the two appellants were 
tried for offences under s. 148, s. 302 read with s. 149 ands. 201 
H 
A 
B 
c 
D 
E 
F 
G 
H 
JAGIR SINGH v. STATE (Bachawal, !.) 
251 
read with s. 149 of the Indian Penal Code in connection with the 
murder of Tarlok Singh son of Amar Singh of Purana Pind. .The 
six accused were ( l) J agir Singh of Purana Pind, (2) Tarlok Smgh 
of Udhoke, (3) Wassan Singh of Purana Pind, (4) Jagir Singh of 
Bhumbli, (5) Dyal Singh of Dalla and (6) Pritam Singh of Dalla. 
Tarlok Singh deceased was brutally attacked on the threshing floor 
of Amar Singh at a distance of eighty feet from his Haveli near 
the outskirt of village Purana Pind on April 27, 1965 at about 
4 p.m. The prosecution case was that all the six accused came 
to the spot with the object of killing Tar!ok Singh, accused 5 was 
riding a white mare and carrying a spear, and the remaining five 
accused were on foot and were armed with kirpans or swords. 
Accused 5 shouted a challenge saying that Tarlok Singh must not 
be spared, uccused 4 gave two kirpan blows on his feet, accused 
I gave a sword blow on his neck and the other accused caused in-
juries to him with their swords. When the victim was almost dead, 
he was placed on the mare in front of accused 5 and all the six 
accused proceeded towards village Manoharpura. At a distance 
of about a mile near the canal minor, the body of the victim was 
thrown on the ground and accused 2 chopped the head from his 
body. Accused 2 and 5 rode away on the mare with the severed 
head wrapped in the chaddar and turban of the victim and the 
other accused followed on foot. 
The motive for the attack was 
that Munsha Singh father of accused 1 was murdered in July, 1964. 
Amar Singh, Tarlok Singh deceased and one Sawan Singh were 
tried for the murder but they were convicted of a lesser offence for 
which they were sentenced to three months rigorous imprisonment. 
They served out their sentences and returned to village Purana 
Pind about two months before April 27, 1965. The first infor-
mation report of the murder of Tarlok Singh was lodged on April 
27, 1965 at 5.30 p.m. The investigating officer reached the spot 
at about 6.30 p.m. 
The trunk of the dead body was recovered 
at a place about a m

Excerpt shown. Read the full judgment & AI analysis in Lexace.