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.