Murder convict alleges bias, SC reopens case

NEW DELHI: In a rare case, the Supreme Court has agreed to hear afresh a petition filed by a murder convict from Punjab even after dismissing his appeal, review and curative petitions as it got to know that a co-accused with identical role in the crime was convicted of a lesser offence and given just 10-year imprisonment.

Satya Prakash

Tribune News Service

New Delhi, July 23

In a rare case, the Supreme Court has agreed to hear afresh a petition filed by a murder convict from Punjab even after dismissing his appeal, review and curative petitions as it got to know that a co-accused with identical role in the crime was convicted of a lesser offence and given just 10-year imprisonment.

A Bench headed by Justice Ranjan Gogoi issued notice to the State of Punjab after advocate Rishi Malhotra, representing convict Darshan Singh, pointed out that there were serious anomalies in the case decided by the top court.

Malhotra submitted that an anomalous situation had been created in the case as the appeals filed by Darshan Singh, co-accused Surain Singh and complainant Amrik Singh – which arose out of the same verdict of the Punjab and Haryana High Court – were not taken up together by the Supreme Court.

As a result, the top court on January 6, 2016, dismissed Darshan Singh’s appeal and confirmed his conviction for murder. It further dismissed his review petition and curative petition – the last legal recourse available to a litigant – on May 3, 2016, and January 11 this year, respectively.

Three months later, it converted accused Surain Singh’s conviction from that for murder to culpable homicide not amounting to murder and reduced his sentence from life imprisonment to 10-year imprisonment.

The Supreme Court held that the crime in question was committed at the spur of the moment and without any intention and pre-meditation to cause death. It said the incident took place out of grave and sudden provocation and the accused persons had no intention to kill the deceased persons.

Malhotra said if the crime was not pre-meditated, his client Darshan Singh could not have been given life sentence for the same incident. He demanded that the benefit given to co-accused Surain Singh should be extended to his client as well on the principles of right to equality and right to life and liberty.

Twists and turns

February 17, 1995: Clash takes place outside the court of the Executive Magistrate, Faridkot; Harbans Singh and Santa Singh murdered.
March 26, 1998: Trial court acquits three accused -- Darshan Singh, Boota Singh and Lachhman Dass; Surain Singh convicted of the murder of Harbans and Santa.
September 2, 2008: Punjab and Haryana High Court upholds Surain Singh's conviction (for killing Harbans). Darshan Singh convicted of Santa's murder.