JAGJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave has been preferred by Jagjit Singh @ jagga who was tried by the Sessions Judge, fatehgarh Sahib charged of the offences under Sections 302, 460 and 458 read with section 34 1pc. The learned Sessions Judge by his judgment and order dated 31. 03.2003 found him guilty of all the three charges and sentenced him to death under Section 302/ 34 1pc, while imposing the sentence of 10 years rigorous imprisonment and a fine of Rs. 5. 000/- in default to undergo two years rigorous imprisonment under both Sections 458 and 460 IPC. The appellant herein preferred Criminal appeal No. 369 DB/2003 before the High court of Punjab and Haryana which was heard along with Murder Reference 2 of 2003 for confirmation of the death sentence. The High court dismissed the Criminal Appeal preferred by the appellant, and accepting the murder reference, affirmed the sentence of death.

(2.) The prosecution had alleged the commission of the aforesaid offences by the appellant Jagjit Singh @ Jagga as well as by his companion Raju Bhaiya @ Gobind Sharma who absconded and was ultimately declared a proclaimed offender. The occurrence giving rise to the instant appeal is said to have occurred on the night intervening the 29th and 30th august, 1996 in which three persons were killed and the sole eye witness Billo, PW-6 a child aged about seven years was injured. The persons who were alleged to have been killed by the appellant and his companion were Sahu and his daughter Jamila @ Guddo, apart from rabi Singh, an uncle of the appellant and brother of the first informant Amar Singh, PW- 5, who is the father of the appellant.

(3.) The case of the prosecution is that amar Singh, PW-5 and his brothers Labh Singh and Rabi Singh (deceased) jointly cultivated lands belonging to them in village Khamanon kamli. For that purpose they had installed a tube well on their land which had a room where the motor was installed and just outside that room was a 'chhan' (a thatched verandah). Sahu (deceased) along with his wife and daughter jamila @ Guddo (deceased) resided at the tube well. He was engaged for cultivation of the lands belonging to Amar Singh and his brothers. Rabi Singh (deceased) , used to reside at the tube well along with Sahu and his family members aforesaid. Sahu had kept his cattle at the tube well and for that purpose he had employed Raju Bhaiya @ Gobind Sharma (since absconding) who used to graze the cattle and look after them. He had been in their employment for about 6 to 7 months before the occurrence and also resided with them at the tube well. Only 5 or 6 days before the occurrence raju Bhaiya had taken leave to go to ludhiana on the pretext that he had to collect money from someone. A couple of days before the incident the wife of Sahu (deceased) namely, Jeewani had gone to see her daughter hazaran at Jalandhar. While going to jalandhar she had requested her son-in-law bashir PW-4 a resident of Village Madera to take care of her daughter Jamila @ Guddo in her absence. According to prosecution on the evening of 29. 08.1996 Bashir PW-4 along with his wife and children visited the tube well where sahu resided in village Khamanon Kamli. They were together for sometime and thereafter he and his family members returned to their village leaving behind Billo, who was only 7 years old, to give company to Guddo. That is how billo PW-6 was at the tube well along with Sahu and Jamila @ Guddo (deceased) on the night of occurrence.