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may 1953

Supreme Court of India · 1953-05-15

DALIP SINGH AND OTHERS vs STATE OF PUNJAB.

Citation / case number
SC 1953/1481
Court
Supreme Court of India
Petitioner
DALIP SINGH AND OTHERS
Respondent
STATE OF PUNJAB.
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that for the application of Section 149 IPC, it must be established that at least five persons shared a common object, but conviction can still stand if the trial judge is certain about their presence despite some identities being unclear. The Court emphasized that the power to enhance a sentence from transportation to death should be exercised sparingly and only for compelling reasons, as the discretion lies with the trial judge. The appeal against the death sentences was dismissed, affirming the High Court's decision to enhance the sentences based on the gravity of the crime.

DALIP SINGH AND OTHERS vs STATE OF PUNJAB. · Niyam