SURRINDER SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by Surrinder Singh, aged 35, who has been convicted, by learned Additional Sessions Judge under Section 302, Indian Penal Code, for causing the death, of Joginder Kaur and Jagjit Kaur, and has been sentenced to undergo imprisonment for life.

(2.) The prosecution case is that Joginder Kaur deceased, who was aged 28 years at the tune of the present occurrence, was the wife of the accused. They had six children out of whom Raju was the the youngest being about eight months old when the occurrence took place. The accused lived along with his wife and children for about four years in Tilak Nagar near the house of Public Witness Jaswant Singh, aged about 29. Jaswant Singh was married to Jagjit Kaur deceased and had four children from her. About three years prior to the present occurrence, Jaswant Singh developed intimacy with Joginder Kaur wife of the accused. Surrinder Singh accused was evicted from the house in his occupation about three months before the occurrence. Jaswant Singh then allowed the accused and his wife and children to stay in his house. After the accused and his wife had stayed in the house of Jaswant Singh for about 15 days, the accused came to know of the illicit intimacy of Jaswant Singh with Joginder Kaur. The accused then had a quarrel with Jaswant Singh and the latter's intimacy with Joginder Kaur came to be known to others. The accused then left Jaswant Singh's house and shifted to a house in Mahabir Nagar, at a distance of about half a mile from Jaswant Singh's house. The accused and his wife lived in the house at Mahabir Nagar for about a month. During this period also Joginder Kaur continued to visit Jaswant Singh at the latter's house. When the accused came to know of this fact, he vacated the house in Mahabir Nagar and went with his wife and children to Paharganj to live with his parents. Joginder Kaur then left the house of the accused and lived with Jaswant Singh for about a month and three days. Jaswant Singh kept her at three places. In the begining of July, 1968 Surrinder Singh accused went to the house of Jaswant Singh and took Joginder Kaur with him with the help of some persons.. Ten days thereafter, Joginder Kaur again left Surrinder Singh and went to Jaswant Singh. A report was lodged by Joginder Kaur on July 17, 1968, that she apprehended danger to her life from Surrinder Singh. On July 25, 1968, Surrinder Singh accused along with his wife, Joginder Kaur, and Jaswant Singh (Public Witness ) went to police-station Paharganj at about 4.25 p.m. The accused then stated that Jaswant Singh had enticed his wife. Joginder Kaur stated that she was not prepared to go with the accused. As the duty officer, SI Shiv Raj Singh, apprehended breach of peace, he arrested Jaswant Singh under Section 107, read with Section 151 of the Code of Criminal Procedure. Joginder Kaur was sent to Nari Niketan. Jaswant Singh was produced before the Magistrate on July 26, 1968, and was released on bail. Joginder Kaur was produced before the Magistrate on July 27, 1968. The Magistrate then ordered that Joginder Kaur be released from Nari Niketan and that she was free to go with whomsoever' she liked Jaswant Singh and his wife, Jagjit Kaur, were also present in the Court when the above order was made. Joginder Kaur then requested Jagjit Kaur to be present at Nari Niketan at the time of her release as she apprehended danger to her life from Surrinder Singh. Jagjit Kaur dissuaded Jaswant Singh from going to Nari Niketan and volunteered to go to that place herself.

(3.) Accompanied by Mohan Singh, aged 23 or 24, younger brother of Jaswant Singh Jagjit Kaur went to Nari Niketan and reached there at about 7 p.m. The accused and Joginder Kaur, who had been released from the Nari Niketn at 6.30 p.m., were also present there. The accused was asking Joginder Kaur to accompany him to his house but Joginder Kaur was not agreeable. Joginder Kaur was also carrying her son, Raju at that time. When the accused persisted in taking Juginder Kaur to his house, she placed the child by the side of the road near the gate of the quarters of the jail and told the accused that she would not go to his house. The accused .then took out a knife from the right pocket of his pants and, after telling Joginder Kaur that he would teach her a lesson for her conduct, he inflicted two blows with the knife on the stomach and the back of Joginder Kaur. Joginder Kaur on receipt of injuries fell down. Jagjit Kaur and Mohan Singh were at a distance of about 10 or 15 yards from the accused and Joginder Kaur at that time. The occurrence was also witnessed by Public Witness Puran Singh. who used to work in those days as a carpenter for the construction of D.D.A. quarters close to the jail premises. Mohan Singh and Jagjit Kaur asked the accused as to what he was doing whereupon the accused stated that he would also teach them a lesson and jumped towards them. Jagjit Kaur then started running to a D.T.U. Bus Depot, while Mohan Singh took shelter behind some cement pipes which were lying nearby. Surrinder Singh accused then inflicted blows with the knife to Jagjit Kaur who then fell down. She was given further blows by the accused as a result of which she died at the spot. The accused thereafter ran towards to Depot carrying the knife along with him. Mohan Singh and Puran Singh followed the accused and raised alarm. Mahan Singh constable was then coming from the opposite direction. The accused, who in the meantime had thrown away his knife, was apprehended by Mahan Singh constable with the help of Mohan Singh and Puran Singh. The clothes of the accused were bloodstained at that time. The accused was then brought to the spot where Jagjit Kaur was lying.