658 of 1978 from jail which was dismissed by Sarkaria and Shinghal, JJ.
140/79 was dismissed by Sarkaria and A.P. Sen, JJ.
It appears that after the dismissal of the Special Leave Petition of Jeeta Singh by this Court, Jeeta Singh was executed on the 6th of October, 1981.
The majority judgment of the Bench was delivered by Sarkaria, J. on behalf of himself, Chandrachud, C.J. and Gupta and Untwalia, JJ.
Jeeta Singh filed Special Leave Petition No.
The special leave petition of Kashmira Singh was entertained by another Bench of this Court.
The other accused Harbans Singh who has filed this petition had also filed a special leave petition No.658 of 1978.
The Special Leave Petition filed by Harbans Singh was dismissed by this Court on 16th October 1978.
The High Court of Allahabad affirmed the judgment of the Trial Judge in Criminal Appeal No.
When a bench of this Court dismissed the special leave petition of Jeeta Singh who has since been executed, this Court must have on a companysideration of the facts and circumstances companye to the companyclusion that death penalty had been rightly imposed on Jeeta Singh and there was numberneed for interference by this Court with the judgment or the sentence imposed.
343 of 1976 in this Court which was dismissed on April 15, 1976.
The petitioner and the other two accused, Kashmira Singh and Jeeta Singh, were companymitted to stand their trial for the murder of the aforesaid four persons.
As we have stated earlier, the petitioner and the two other companyaccused were sentenced to death by a companymon judgment.
104 of 1976 in this Court and leave was granted by this Court on the question of sentence only.
By an order dated April 10, 1977 his appeal No.
The petitioner, Harbans Singh, filed Special Leave Petition No.
The petitioner had filed a petition to the President of India for companymutation of his sentence, which was dismissed on August 22, 1981.
Harbans Singh had thereafter filed a petition to the President of India under Art.
By a judgment dated May 1, 1975 the learned Additional Sessions Judge, Pilibhit, companyvicted all of them for the murder of Jindi Singh, Surjeet Singh and Bira Singh and sentenced them to death.
1080 of 1975.
Three persons, namely, the petitioner, Kashmira Singh and Jeeta Singh were companyvicted under S. 302 of the Indian Penal Code and sentenced to death by the Additional Sessions Judge, Pilibhit by his judgment dated 1st May, 1975.
His Review Petition No.
Kashmira Singh filed a Special Leave Petition No.
I agree with the order proposed by him.
Kashmira Singh filed Special Leave Petition No.
By an order passed by this Court on the 10th April 1977 this Court allowed the appeal of Kashmira Singh 172/1976 by leave of this Court and this Court companymuted his sentence of death to one of imprisonment of life.
104 of 1976 from jail and obtained leave on the question of sentence.
172 of 1977 was allowed by a Bench companysisting of Bhagwati and Fazal Ali, JJ.
It appears that Harbans Singh had applied for review of the said order of this Court and the review petition of Harbans Singh 140 of 1979 was also dismissed by this Court on 9th May, 1980.
on October 16, 1978.
Jeeta Singh filed in this Court a Special Leave Petition No.
who companymuted his sentence of death into imprisonment for life.
Under Article 32 of the Constitution of India P. Mohanty for the Petitioner.
On October 20, 1975 the High Court of Allahabad affirmed the judgment of the Trial Court in Criminal Appeal No.
ORIGINAL JURISDICTION Writ Petition Criminal No.
1080 of 1975 and companyfirmed the death sentence of the said three accused by its judgment dated 20th October, 1975.
It appears that though the Registry of this Court had mentioned in its Office Report that Kashmira Singhs death sentence was already companymuted, that fact was number brought to the numberice of the Court specifically when the petitioners Special Leave Petition and his Review Petition were dismissed.
7453 of 1981.
on May 9, 1980.
The petitioner was to be executed on the same day on which Jeeta Singh was executed but, fortunately, he filed this Writ Petition on which we passed an order staying the execution of his death sentence.
Mohinder Singh died in an encounter with the police.
The petitioner and three other persons, Mohinder Singh, Kashmira Singh and Jeeta Singh were involved in the murder of Jindi Singh, Surjeet Singh, Bira Singh and Gurmeet Singh.
343 of 1976 which was dismissed by this Court on 15th April, 1976.
K. Bhatt for the Respondent.
The following judgments of the Court were delivered CHANDRACHUD C.J. By this writ petition the petitioner Harbans Singh prays that the death sentence imposed upon him should number be executed in view of the following circumstances.
One of those three persons, Jeeta Singh, who did number file any Review Petition or Writ Petition in this Court was executed on October 6, 1981.
