KHUSHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the impugned judgment and order dated 20.09.2013 passed by the High Court of Punjab and Haryana at Chandigarh in Murder Reference No. 3 of 2013 with Criminal Appeal No. D-385-DB of 2013, by which the High Court has affirmed the death penalty imposed by the learned Sessions Court, by affirming the judgment and order passed by the learned Sessions Court, Fatehgarh Sahib dated 15.03.2013, consequently convicting the appellant-accused for the offence punishable under Section 302 IPC, the original accused has preferred the present appeals.

(2.) The case of the prosecution as per the statement of PW-5 -Jasmeen Kaur - original Complainant was that she was married with Rupinder Singh S/o Jeet Singh of village Bhojewal in the year 2005. Two children, the elder son namely Jaskirat Singh, aged about seven years and a daughter namely Prabhsimran Kaur aged about six years were born from the said marriage. Since the atmosphere in the family of the in-laws of the complainant was not good, complainant Jasmeen Kaur along with her husband and children had been living at her natal place at village Mukandpur for the last about six years prior to the occurrence. Gurinder Singh @ Babbu, brother of Jasmeen Kaur used to consume liquor in excess. He was dissuaded by the family from doing so and was also made to understand in this regard. Thereafter, Manjit Kaur, wife of the accused Khushwinder Singh, R/o village Suhavi, Police Station Khamanon, who is the daughter of maternal uncle of the complainant, came to see her along with the accused. The latter informed the family of the complainant that he knew one 'Baba' (holy man) who lives in their area, who can make person get rid of their habit of drinking permanently. The accused further informed that he also knew one travel agent, who could send Rupinder Singh, husband of the complainant, abroad. Thereafter, the accused along starting visiting the house of the complainant. About three months prior to the incident, the accused came to the house of the complainant and informed that he had made arrangements with an agent for sending Rupinder Singh to Canada. He demanded Rs. 2,00,000/- and the passport of Rupinder Singh. He also informed that the remaining amount of Rs. 14,00,000/- was to be paid on getting visa. Thereupon, the family of the complainant pledged their gold ornaments with the goldsmith and borrowed Rs. 2,00,000/- which, along with the passport of Rupinder Singh, were handed over to the accused. The accused further informed the complainant's family that the job would be done within two months. The accused further informed that he had also got in touch with 'Baba' (holy man) to enable Gurinder Singh to give up his habit of drinking and, for that purpose, the complainant's family would have to offer "Dhala" (offering certain pulses, rice etc. in running water).

(3.) That, thereafter the Investigating Officer commenced the investigation and recorded the statements of the concerned witnesses and also collected the incriminating material. The Investigating Officer set out for search of the accused and recorded the statement of one Manjit Singh, resident of Village Nogawan, who was the Ex-Sarpanch and informed the Investigating Officer that the accused came to him on the morning of 27.06.2012 and told him that he had thrown his relations Gurinder Singh, Rupinder Singh, Paramjit Kaur, Gurmail Singh, Prabhsimran Kaur, Jasmeen Kaur and Jaskirat Singh in the Bakhra Canal. That, thereafter the Investigating Officer arrested the accused. On being interrogated, he made some disclosers to the police, including that he had stolen Rs. 36,70,000/- from the house of Gurmail Singh and he had concealed the money in his house in a bag which was lying in the almirah of his house. His disclosure statement was recorded, signed by the accused and witnessed by ASI Kaur Singh. It was attested by Shamsher Singh S.I. The accused then accompanied the police to his house and led them to the almirah from where Rs. 36,70,000/- contained in a bag were recovered. Recovery memo was prepared. Thereafter, the investigating team visited the place of incident where the victims were thrown in the canal. A supplementary statement of the complainant was recorded wherein she disclosed the theft of her ornaments and money. That, one by one, the dead bodies of the victims were found. The Investigating Officer collected the medical evidence. The autopsy on the dead bodies of the victims was done by the concerned doctors. During the course of the investigation and on the basis of the statement made by the accused during interrogation, the Chappals and shoes of the victims were found/recovered. That, during interrogation, the appellant made a statement that on 26.06.2012 in the morning, he administered sleeping pills Anzilum 05 along with "mishri" (Sugar) to Rupinder Singh, Gurinder Singh and Paramjit Kaur before offering "Dhala" and empty strips lying in the envelope were kept concealed underneath the driver seat of a Maruti car and he could get those recovered. His disclosure statement was recorded, that was signed by him and witnessed by ASI Harjit Singh and HC Balbir Singh. That, thereafter the Investigating officer recovered those strips from the car parked in the police station. The Investigating Officer prepared parcel of this article and sealed the same.