UJJAGAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ujjagar Singh, the appellant herein, a resident of village Bangawali, Tehsil Malerkotla, was tried and convicted by the Additional Sessions Judge, Sangrur for the murder of his niece Mukhtiar Kaur and was awarded the death penalty. In addition, he was con victed for an offence punishable under Section 376 of the IPC and sentenced to undergo rigorous imprisonment for 10 years and to a fine of Rs. 5, 000/- and in default of payment to undergo further R.I. for one year and under Section 309 of the IPC to a sentence of simple imprisonment for one year. The aforesaid convictions and sentences have been maintained by the High Court and the matter is before us in these proceedings by way of special leave. The facts of the case are as under :-

(2.) At about 2.00 p.m. on 10th November 2002 a boy whose identity is not forthcoming, informed Satnam Singh PW2 that an incident of firing had taken place in the house of Ujjagar Singh situated in the fields on the outskirts of the village. Satnam Singh conveyed this information to Sarpanch Jora Singh PW1 who was attending a marriage at that time. Jora Singh accompanied by Gurdeep Singh PW3 thereupon rushed to Ujjagar Singhs house and found Mukhtiar Kaur lying dead with a gun shot injury and the appellant also with a gun shot injury lying unconscious on the ground in the adjoining room. Jora Singh and Gurdeep Singh immediately removed Ujjagar Singh to the Civil Hospital, Dhuri in the jeep belonging to Kulwant Singh PW4. Jora Singh also met Inspector Harjinder Pal Singh PW14 at 4.40 p.m. near the hospital, who recorded his statement at that place and with his endorsement Ex.P.A. sent it to Police Station, Dhuri where the formal FIR was registered at about 4.45 p.m. with the special report being delivered to the Illaka Magistrate at Dhuri itself at 6.20 p.m. the same evening. The facts as narrated were that Arjan Singh of village Bangawali had three sons Puran Singh, Ujjagar Singh (appellant) and Ajmer Singh. Puran Singh had died about 20 years earlier leaving behind his wife, two sons and a daughter Mukhtiar Kaur. The two sons and the wife also died long before the incident and Mukhtiar Kaur the sole surviving member of this branch of the family had been married to Balwinder Singh PW9 about 9 or 10 years earlier. Puran Singh had however transferred 30 or 35 bighas of agricultural land falling to his share after the death of his father in the name of the appellants sons by a collusive decree in the year 1994 and the suggestion was that this transaction had been objected to by Mukhtiar Kaur who was demanding that the land be returned to her. It appears that Mukhtiar Kaurs relations with her in-laws had got strained and she had left her matrimonial home and come to live with Ujjagar Singh, her uncle, 7 or 8 months earlier and the suggestion was that Mukhtiar Kaur had been killed by the appellant with his licensed gun and he had thereafter attempted to commit suicide.

(3.) Having recorded the aforesaid facts in the FIR, PW14 Inspector Harjinder Pal Singh reached the place of incident and lifted one spent 12 bore cartridge case (Shaktiman make) from near Mukhtiar Kaurs dead body and one DBBL gun from the place where Ujjagar Singh appeared to have been shot and another spent cartridge case was recovered from the right barrel of the gun. After completion of the investigation at the spot, Mukhtiar Kaurs dead body was sent for its post-mortem examination. The post-mortem examination was also conducted by PW5 Dr. Ishwar Singh, Medical Officer, Civil Hospital along with Dr. Harwinder Kaur PW17 and it was found that Mukhtiar Kaur had two gunshot injuries on her dead body, a wound of entry on the back of right side of chest 2 cm x 1 cm with margining (sic) and blackening and a corresponding exit wound of 5 cm x 3.5 cm to the front of the right side of the chest. Dr. Harwinder Kaur aforesaid also took swabs from the vagina of the deceased and as per the chemical examiners report dated 2.1.2003 semen was found on the swab taken from the vagina and from the underwear that Mukhtiar Kaur had been wearing at the time of her death. The weapon and the recovered cartridge cases had also been sent to the Forensic Science Laboratory which in its report dated 4.8.2004 opined that the crime cartridge case CI could have been fired by the right barrel of the weapon whereas the crime cartridge case C2 had been fired from the right barrel.