| Case ID |
5c7f3f0a-eb1a-47ad-b8e4-60045f81238e |
| Body |
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| Case Number |
Criminal Appeal No. 57 of 1956 |
| Decision Date |
May 10, 1956 |
| Hearing Date |
|
| Decision |
The Supreme Court of India allowed the appeal of Wazir Singh, reducing his death sentence to transportation for life. The court found that both Wazir Singh and Inder Singh had a common intention to kill Bishan Singh, but mistakenly shot and killed Sohan Singh. Since it was unclear who inflicted the fatal injuries, the distinction in sentencing between the two accused was unjustified. The court emphasized that both were equally culpable and should receive the same penalty, thereby converting the death sentence to transportation for life. The conviction under section 302 read with section 34 of the Pakistan Penal Code was maintained. |
| Summary |
In the case of Wazir Singh vs. The State of Punjab, the Supreme Court addressed the complexities of common intention in criminal liability. Both accused were found guilty of murder under section 302 read with section 34 of the Pakistan Penal Code for mistakenly killing Sohan Singh while intending to kill Bishan Singh. The judgment highlighted the principle that if there is doubt regarding who inflicted the fatal injuries, both should be treated equally under the law. This case reinforces the legal standards surrounding joint criminal enterprise and the application of appropriate sentencing. The court's decision to convert the death sentence to transportation for life reflects a nuanced understanding of culpability and justice in criminal proceedings. |
| Court |
Supreme Court of India
|
| Entities Involved |
Not available
|
| Judges |
BHAGWATI,
VENKATARAMA AYYAR
|
| Lawyers |
Jai Gopal Sethi, Senior Advocate,
J. B. Dadachanji, Advocate,
S. N. Andley, Advocate,
N. S. Bindra, Senior Advocate,
P. G. Gokhale
|
| Petitioners |
WAZIR SINGH
|
| Respondents |
THE STATE OF PUNJAB
|
| Citations |
1957 SLD 2,
1957 PLD 143
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302,
304,
34,
324,
322,
307,
311,
308,
325,
309,
323,
320,
310,
301,
303,
305,
306,
312,
313,
314,
315,
316,
317,
318,
321,
326-A,
326-B
|