DES RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this appeal by special leave, the common judgment of the Punjab and Haryana High Court dated 22.12.2006 in Murder Reference No. 12 of 2005 and Criminal Appeal No. 10-DB of 2006, affirming the conviction and sentence of death imposed on the appellant by the Sessions Judge, Sangrur by judgment dated 7.12.2005 in Sessions Case No.25 of 2003 is under challenge.

(2.) Des Raj (accused No.1) and his six family members (accused 2 to 7) were charged and tried for offences under sections 148, 302/149, 307/149 and 114 IPC. The prosecution examined 14 witnesses. Chand Singh (PW-2) and his son Shamsher Singh (PW-3) who were injured eye-witnesses gave a graphic account of what transpired. After appreciating the evidence, the Sessions Judge, Sangrur by judgment dated 7.12.2005, convicted Des Raj under section 302 IPC for the murder of Manjit Kaur, Bhagwan Singh and Lal Singh and also convicted him under section 307 IPC for attempting to murder Shamsher Singh and Chand Singh. After hearing on the question of sentence, the trial court came to the conclusion that the sentence of life imprisonment was inadequate and having regard to the gravity of the offence, the appellant deserved sentence to death. Accused 2 to 7 who allegedly exhorted appellant, were acquitted. The trial court was of the view that as accused 2 to 7 were not armed, and as there was no evidence of any common object to kill Manjit Kaur and others, there was a possibility that the exhortation attributed to Accused 2 to 7 may be only to implicate them in the crime.

(3.) The reference seeking confirmation of sentence of death was registered as Murder Reference No.12 of 2005. The appeal filed by Des Raj against his conviction and sentence was registered as Criminal Appeal No.10-DB of 2006. The appeal filed by the State against the acquittal of accused 2 to 7 was registered as Criminal Appeal No.670-DBA of 2006. The revision petition filed by Chand Singh challenging the acquittal of accused 2 to 7 was registered as Cri. Revision No. 1835 of 2006. The four cases were heard together. By common judgment dated 22.12.2006, the High Court affirmed the judgment of the trial court, and confirmed the death sentence awarded to Des Raj. It rejected the appeal filed by Des Raj, as also the appeal filed by the State and the revision filed by Chand Singh. The High Court held that on balancing the mitigating circumstance and the following aggravating circumstances, the scales tilted in favour of death sentence :