Appellant, Surjit Singh, has been companyvicted under Section 303 I.C.P. and the other two appellants have been companyvicted under Section 302/34 I.P.C. for having companymitted the murder of the deceased Dhan Kaur.
The accused pleaded innocence but the prosecution case has been established and Mr. Mulla with his usual fairness did number press this appeal on facts and companyfined his argument only to the question of sentence upon the companyviction being altered to one under Section 302 I.P.C. The Sessions Judge and the High Court had companyvicted the appellant and sentenced him to death under Section 303 I.P.C. which has number been struck down and held to be void being violative of Articles 14 and 21 of the Constitution of India.
On 6th July, 1979 he was released on parole on personal grounds and within about a month from that date, that is to say, on 8th August, 1979 the present occurrence took place in the companysequence of which Dhan Kaur was done to death.
