JAGDIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) These proceedings arise out of the murder of one Gurbachan Singh. The appellants Jagdip Singh and Gurbachan Kaur alias Bachni are his son and wife respectively. The learned Sessions Judge, Ambala, convicted Jagdip Singh under Sections 302 and 201, Penal Code and sentenced him to death for the offence of murder. Bachni was convicted under Section 302 read with Section 34 as also under Section 201. She was sentenced to imprisonment for life on the former charge and like her son to four years rigorous imprisonment on the latter charge. The order of conviction and sentence having been confirmed by the High Court of Punjab and Haryana at Chandigarh the appellants have brought this appeal against that judgment, by special leave.

(2.) The relations between the deceased Gurbachan Singh and his son Jagdip Singh were highly strained. There were disputes between then concerning properties and in August, 1966 Jagdip Singh had assaulted Gurbachan Singh with a spear. Towards the beginning of 1970 one Uma Paul started living with Gurbachan Singh supposedly as his wife but in all probability as a mistress. Uma Paul used to live with Gurbachan Singh in the village of Bhed Thalalong with her daughter, Surjit Kaur, who was born to her from her former husband, in the adjoining house used to live the appellants. In January, 1971, Bachni filed a suit to recover a sum of Rs.4,500/- as maintenance from Gurbachan Singh. The trial Court had granted an interim injunction in that suit restraining Gurbachan Singh from alienating his properties. The appeal filed by Gurbachan Singh against that orders was pending in the District Court, Ambala on the date that he was murdered.

(3.) On August 19, 1971, Gurbachan Singh was sitting in the courtyard of his house at about 6 or 6.30 p.m. Uma Paul had cooked the evening meal for him while her daughter, Surjit Kaur, was sitting a few feet away peeling onions. The appellant Jagdip Singh suddenly entered the courtyard and is alleged to have fired a pistol shot which hit Gurbachan Singh on his back. The case of the prosecution is that after Gurbachan Singh collapsed, the appellants removed him on a cot with the help of two other persons, Hari Singh and Jit Singh, and took him over a distance under a Neem tree. Bachni brought a Gandasi with which her son, Jagdip Singh, hacked the deceased. Bachni also brought a tin of kerosene oil, sprinkled it on the body of her husband which was then set on fire.