- (1.) The appellant Santa Singh was convicted of the murder of Labh Singh and sentenced to death by the Additional Sessions Judge, Amritsar. The sentence was confirmed by the Punjab High Court. The appellant has come before this Court on Special leave.
(2.) The prosecution case is that the occurrence took place at about noon on the 10th day of September, 1954. That morning, there was a quarrel between the appellant and the deceased over the disappearance of the wife of one Buta Singh, as the deceased alleged that the appellant's grandfather was responsible for the abduction. After this wrangle, the deceased and his brother Uttam Singh (P. W. 16) went to their fields. They returned at about noon and when they reached close to the Gurdwara, they decided to bathe at the well there. Mohinder Singh (P. W. 17) and Khem Singh (P. W. 18) were already bathing at the place. After the baths were over, all the four were proceeding to their houses. The deceased was at some distance ahead of the rest. After a short while, the appellant met them and there was again an exchange of words between him and the deceased. The appellant, who had a rifle with him, shot at Labh Singh from behind his back as he was attempting to run away. Labh Singh died on the spot. The small intestines were torn up and the left kidney was found smashed.
(3.) Uttam Singh (P. W. 16) brother of the deceased, Mohinder Singh (P. W. 17) and Khem Singh (P. W. 18) are the eye-witnesses. Their evidence was accepted by the Sessions judge and by the High Court. Ordinarily if there were no special circumstances, this Court would not interfere with the conviction.;