Author: Tulsi Arya
AIR 1983 SC 748, 1983 CriLJ 973, 1983 (1) SCALE 773
S M Ali, E Venkataramiah
Murder is defined under Section 300 of the Indian Penal Code. According to the Act, culpable homicide is considered murder if:
• This act was committed with the intent to cause death.
• This act is done with the intent to injure the offender that could lead to death.
• A person is aware that his or her action is dangerous and can cause death or physical harm but if he or she commits the act, this could be tantamount to murder.
Penalty for murder was given under Section 302 of the IPC. Under this section anyone who kills is punished:
Four opponents, Bishan Singh, Teja Singh, Jullundur Singh and Gurdial Singh, were arrested on suspicion of murdering four people. The trial took place around 7.00 P.M. June 20, 1981 in the city of Nurpur Sethan. It was alleged that at the time of the incident, Bishan Singh was given a kirpan, Teja Singh with a gun, Jullundur Singh was in possession of a firearm and Gurdial Singh was in possession of a kappa.
The issue at hand is a question of sentencing to the remaining three suspects.
Teja Singh’s appeal has been granted and he is confirmed by the number of cases surrounding him. The sentences that are imposed on him are saved. The interests of other suspects accused of conviction are pardoned and the death sentences imposed on Bishan Singh and Gurdial Singh are punishable by life imprisonment. Special Application for Leave granted to renew Jullundur Singh’s sentence from life