- (1.) U. P. Singh, J. This appeal has been placed before me under Section 392, Cr. P. C. on a difference of opinion between the two Hon'ble Judges of this Court, Hon'ble Justice Giridhar Malviya and Hon'ble Justice Surya Prasad. Hon'ble Justice Giridhar Malviya has dismissed the appeal preferred by the sole appellant Gurmit Singh, whereas Hon'ble Justice Surya Prasad has allowed the appeal and set aside the judgment and order of the learned Additional Sessions Judge, Shahjahanapur arid, accordingly, reference No. 6 of 1992 regarding confirmation of death sentence awarded to Gurmit Singh has been rejected.
(2.) THIS relates to an incident which took place at 11 p. m. in the night of 17th August, 1986 at the residence of the family of the appellant Gurmit Singh known as 'jhala'. THIS is located in the 'tarai' region of this State, where persons belonging to the Sikh community, in particular, cultivated the land by clearing the large chunk of jungles. Generally, one family got one such accommodation for the entire family. In this incident, thirteen persons of the family were killed, who were sleeping and were the real and near relatives. Even the infants, innocent children aged about four years as also the ladies and the old men were killed. Originally, three persons were put on trial, Gurmit Singh, Lakkha Singh and one Jawahar for the offences punishable under Section 302/307/34, I. P. C. by the police of Sehramau (north) police station district Shahjahanpur During trial, accused Lakkha Singh died and so the trial abated against him. Accused Jawahar (the servant of Gurmit Singh) was acquitted of the charges under Section 302 read with Section 34 I. P. C. and Section 307 read with Section 34, I. P. C. Appellant Gurmit Singh was found guilty and convicted under Section 302, I. P. C. for committing the murder of Man Singh, Karam Singh, Surjit Singh, Ranjit Singh and Nazir Singh. He was further convicted under Section 302/34, I. P. C. for committing the murder ol'richpal Singh, Pamma, Km. Kanti, Km. Pammi, Km. Akki, Rajvendar Kaur, Smt. Sita and Sml. Bhajan Kaur. He was also convicted under Section 307, I. P. C. for attempting to commit murder and causing injuries to Balvendar Singh as also under Section 307/34, I. P. C. in attempting to commit murder and causing injuries to Km. Biro. He was sentenced to death by the Additional Sessions Judge, Shahjahanpur under Section 302 read with Section 34, I. P. C. He was further sentenced to undergo ten years rigorous imprisonment under Section 307, I. P. C. and under Section 302 read with Section 34, I. P. C. The learned Additional Sessions Judge referred the case to the High Court for confirmation of the death sentence.
(3.) AGAINST the said judgment of the learned Additional Sessions Judge, Shahjahanpur, in Sessions Trial No. 37 of 1987, one Criminal Appeal No. 1333 of 1992 was preferred by the sole appellant Gurmit Singh. However, no appeal was preferred by the State against the order of acquittal of accused Jawahar passed by the learned Additional Sessions Judge. According to the prosecution, Nazir Singh, the head of the family had four sons named Karam Singh, Man Singh. Balvendar Singh and Gurmit Singh. He had set up one such 'jhala' in village Rampur Pipariya Police Station Sehramau (north ). This 'jhala' had three sets of two rooms each running west to east. In the two rooms on the western side, Karam Singh lived along with his family and in the other eastern portion, Nazir Singh along with the family of his sons Man Singh and Balvendar Singh used to reside. Accused Gurmit Singh's room was on the other side of 'jhala'. In front of their respective rooms there was an open land. About a year prior to the incident, accused Gurmit Singh was married. After marriage, co-accused Lakkha Singh, who died during the trial, used to visit Gurmit Singh's wife even during his absence, which was not relished by Nazir Singh, the head of the family. Consequently, Nazir Singh and his other sons ridiculed Lakkha Singh and told accused Gurmit Singh that Lakkha Singh was not a man of good character. They asked Gurmit Singh not to allow Lakkha Singh to live in the house. This was not liked by Gurmit Singh and his companion Lakkha Singh and they became angry with Nazir Singh and his other sons. It has further come in the evidence that Gurmit Singh (the appellant) Lakkha Singh and Jawahar (servant of Gurmit Singh) abused Nazir Singh and his family members.;