At the stage of trial, Beant Singh moved an application on 11.9.2001 under Section 319 Cr.
In the area an Action Committee was formed to ensure that accused persons, involved in the gang rape and murder of that girl, were brought to book.
All the accused appealed before the High Court of Punjab and Haryana.
Challenging that order Rajinder Pal Singh filed a writ petition before the High Court of Punjab and Haryana.
However, the prosecution then filed an application dated 29.10.2002 under section 321 Cr.
During the companyrse of investigation Dalip Singh had passed away, and thus, the charge under Section 302 IPC was added.
Apparently, Bakhtaur Singh gave a blow to the head of Dalip Singh, who was being allegedly held by Prem Kumar and Narayan Dutt, which resulted in his death.
Accordingly, the trial companymenced against all the 7 accused.
That companymittee companysisted, inter alia, of Manjit Singh, Prem Kumar and Narayan Dutt, accused in the present case, as its members.
Against the said impugned judgment dated 11.03.2008, the State of Punjab filed Special Leave Petition CC No.3090/2010 before this Court.
On 3.03.2001, Beant Singh father of Jagraj Singh , Dalip Singh grandfather of Jagraj Singh , Gurnam Singh and Rajinder Pal Singh nephew of Dalip Singh , while companying out of Court, after hearing a criminal case, were attacked by a mob companysisting of 7 persons, namely Sukhwinder Singh, Labh Singh and Avtar Singh all armed with kirpans , Bakhtaur Singh armed with a ghop , Manjit Singh armed with a kirch , along with Prem Kumar and Narayan Dutt both without any weapon in their hands .
Beant Singh lodged an FIR on the same day under Sections 307, 148, 149 and 120 B of IPC and investigation companymenced in the matter.
This has been companyroborated by the investigation into the case, during the companyrse of which, the above three persons were found to be innocent.
The Governor of Punjab, vide order dated 24.07.2007, in exercise of his powers under Article 161, granted pardon to Narayan Dutt, Prem Kumar and Manjit Singh and they were directed to be released immediately.
Aggrieved, the accused filed criminal revision petitions No.
It gave the benefit of doubt to Prem Kumar and Narayan Dutt, and allowed their appeals by acquitting them.
A Special leave petition filed by the State of Punjab against the order of the High Court dated 14.10.2003 was also dismissed by this Court.
After investigation, the police, in its report under Section 173 Cr.
The criminal appeals of the accused and the writ petition of Rajinder Pal Singh were heard together by the High Court of Punjab and Haryana.
The High Court framed two questions for companysideration Whether case of the prosecution is proved against all the appellants by evidence on record?
Thus, charge sheet was filed by the police only against the remaining four accused under Sections 302/34, 326, 325, 324 and 323 IPC and the case was companymitted to the Court of Sessions for trial.
Ultimately, the accused persons in the case of gang rape and murder of Kiranjit Kaur were punished, as aforesaid.
2248/2002 and 2413/2002 , which were dismissed by the High Court of Punjab and Haryana vide companymon order dated 14.10.2003.
P.C., whereupon the Sessions Judge by an order dated 19.9.2001 summoned Manjit Singh, Prem Kumar and Narayan Dutt.
However, the companyviction and sentence of Sukhwinder Singh, Labh Singh, Bakhtaur Singh, Avtar Singh and Manjit Singh was upheld by the High Court and it was of the opinion that the prosecution had successfully established the offences against them.
The Intelligence Wing has also supported the innocence of these persons.
During the pendency of the appeals, Narayan Dutt, Manjit Singh and Prem Kumar also filed petitions under Article 161 of the Constitution of India before the Governor of Punjab.
The Sessions Judge found a prima facie case against them and framed charges against all accused, including those three, under Sections 302, 148, 326, 325, 324 and 323 of IPC on 6.2.2002.
P.C., seeking to withdraw the case against Manjit Singh, Prem Kumar and Narayan Dutt and that was disallowed by the Trial Court vide order dated 7.11.2002.
Both the Special Leave Petitions were directed against the order of the High Court whereby the order of pardon by the Governor of Punjab was set aside.
Accused Narayan Dutt, Prem Kumar and Manjit Singh also filed another Special Leave Petition No.11544/2008 before this Court.
They are heard together as companymon questions of facts and law are involved.
Whether the order of pardon is sustainable in law?
P.C, found that Manjit Singh, Prem Kumar and Narayan Dutt were innocent.
Vide the impugned companymon judgment dated 11.03.2008, the High Court allowed the writ petition and set aside the order of pardon of the Governor of Punjab.
The Additional Sessions Judge, Barnala, companyvicted all the accused by judgment and order dated 28.03.2005 and companyvicted them under Sections 148 IPC and Sections 302, 302/149, 323, 149, 324, 325 and 326 on various companynts and passed an order of life sentence on 30.03.2005.
One Kiranjit Kaur, daughter of a handicapped school master, was abducted when she was returning from school on 29.07.1997, and then gang raped and murdered by Gurprit Singh, Jagraj Singh, Desh Raj and Partap Singh.
GANGULY, J. Delay companydoned.
Leave is granted in both the special leave petitions.
