PARAMJEET SINGH Vs. STATE

JUDGEMENT

(1.) Present case is a heart rendering and perplexing one because the appellant father, arraigned before the Court, was charged and has been convicted for murdering his very own daughter, by inflicting continuous, deep and multiple stab wounds with blades of scissors. As alleged, in intense rage he indiscriminatingly attacked his wife and the three children, including the deceased, in the intervening night of 3 rd and 4 th April, 2004. The appellant has impugned his conviction in Session Case No. 29/2008, arising out of FIR No. 194/04, vide judgment dated 16 th November, 2011. By the order of the same day, he has been sentenced to life imprisonment, with fine of Rs 5,000/-, in default of which he is to undergo one year simple imprisonment for his offence under Section 302 IPC for murder of Jaspreet Kaur. For his offence under Section 307 IPC , for attempt to murder of Arvin Kaur, Balwinder Kaur and Daljit Singh, he has been sentenced with seven years of rigorous imprisonment, with fine of Rs 5,000, in default of payment of which, he is to undergo imprisonment for one year.

(2.) On 4 th April, 2004, at about 6.00- 7.00 A.M., three children of the appellant- Jaspreet Kaur, aged 12 years, Arvin Kaur, aged about 11/10 years, Daljit Singh, aged about 11/10 years and Balwinder Kaur, wife of the appellant aged 38 years, were rushed to DDU Hospital, Delhi. Dr. Uday Kumar (PW-12) proved MLCs (Ex. PW-12-A to C) of the three children whom he had examined and Dr. Vipul Barsalay proved MLC (Ex. PW 11/A) as he had examined Balwinder Kaur. The MLC of the deceased Japreet Kaur (Ex. PW12/A), recorded at 7.00 A.M., states that the patient was brought dead by HC Kartar Singh of the PCR. On local examination, there were twelve clean incise wounds i.e stab injuries caused by a sharp object. These injuries were also delineated in the post mortem conducted on 5 th April, 2004. The Post Mortem Report (Ex. PW-6/A) was prepared and proved by Dr. Mishra (PW-6). PW-6 has stated that on external examination eleven injuries were found. The cause of death was opined to be respiratory embarrassment consequent upon laceration (piercing) and accumulation of blood in right thoracic cavity, due to stabbing. Injury No. 1, a stab wound on the abdominal wall, was sufficient to cause death in the ordinary course of nature. The injuries indicated were:

(3.) The general description mentions that the clothes, worn by the deceased, had cut marks and were blood stained. PW-6's opinion was sought regarding the scissor blades seized vide Ex. PW-10/A, from the spot, being the weapon of offence (Ex. PW-24/D and 6/B) and he opined that the stab injuries, as recorded, were possible with the said blades.