The act of Constitutional impropriety amounts to death sentence

KARTHIK.T | SASTRA DEEMED TO BE UNIVERSITY THANJAVUR | 8th July 2020

Kehar Singh And Others Vs State

FACTS:

This is the case is known as the famous Indra Gandhi assassination case. The facts of this case are Indra Gandhi was the prime minister at that time. There was an operation going on my the Indian Army called “OPERATION BLUE STAR” At that time Indra Gandhi ordered the Indian Army to enter into the Golden Temple located in Amritsar to kill all the terrorists who are there inside the temple. This resulted in some damages to Akal Takht of the temple. This incited the religious feeling of the Sikh community which resulted in many protests against the government. In October Indra Gandhi had an interview with Irish television for this show she was accompanied by his staff, assistants, and some police. Beant Singh and Satwant Singh was one of the staff of Indra Gandhi who has the duty at the gate of the building. While Indra Gandhi enters the place Beant Singh fired five rounds and Satwant Singh Singh fired 25 bullets all over India Gandhi’s body. They both were arrested by the police and Kehar Singh who was the uncle of Beant Singh was also arrested by the police because this was planned by him and executed by Beant Singh.

ISSUES:

Whether Kehar Singh is guilty of murder?

LEGAL PROVISION

1. Section 302 of Indian Penal Code
2. Section 120B of Indian Penal Code
3. Section 34 of Indian Penal Code

OBSERVATION:

The court observed that this was a pre-planned murder that resulted in the death of the Prime Minister. She was shot by the staff by their revolvers. The defendant contended that his religious feelings tend to do like this and were not murder it culpable homicide not amounting to murder as it was a grievous sudden provocation. The court held that it was pre-planned by all the three and it amounts to criminal conspiracy and murder. She ordered the military to just kill as the terrorist and not to damage the religious feelings. she aims to save the country from our enemies. 

JUDGMENT:    

The court held all the three are guilty of murder and gave the death penalty as it was the rarest of rarest case.