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TMI Blog1969 (5) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... 302, Indian Penal Code, for the murders of Santokh Singh and Bakhshish Singh and has been sentenced to death. He has further been sentenced to undergo a concurrent sentence of two months' rigorous imprisonment under Section 447, Indian Penal Code. Jaswant Kaur has been sentenced to life imprisonment on two separate counts for abetting these two murders under Sections 302/114, Indian Penal Code, both sentences to run concurrently. This judgment will dispose of the appeal of the two convicts Sarbjit Singh and Jaswant Kaur (Criminal Appeal No. 1038 of 1968) and the reference for confirmation of the death sentence awarded to Sarbjit Singh (Murder Reference No. 72 of 1968). X X X X X (After giving evidence in the case, the judgment proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven a statement. It is frankly conceded by Mr. Bhim Sen Mehra, the learned Counsel for the appellants, that Bahadur Singh may still be regarded a competent witness but his legal status would be that of an accomplice. On occasions it is found desirable to include the evidence of an accomplice for what it is worth, without tendering him a pardon. Such a person, however, remains in a state of suspended animation as he does not know what may happen to him and will naturally have a strong motive for minimising his own part in any criminal transaction, and his evidence must be treated with even greater caution than that of an established approver. As is well-known, the evidence of an approver has to meet the twin tests of reliability and corrobor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... weapon of offence before sending the empty cartridges or bullets which are found near the scene of occurrence for expert examination. No ground should ever be allowed for the attack by the defence that there was an opportunity for tampering with these empty cartridges while they remained in police custody. On a parity of reasoning the same principle should apply in the instant case where there was a long interval between the lifting of moulds and their despatch to the expert. Whatever value there is of the comparison is lost altogether when we find that the shoes as well as the crime moulds were in an unsealed condition. 23. On the whole, therefore, we are of the view that the statement of Bahadur Singh made as an approver can only be re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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