SANTA SINGH Vs. STATE

JUDGEMENT

(1.) Appellant, Santa Singh, now aged about more than 80 years, was charged by Miss Usha Mehra, the then Additional Sessions Judge, Delhi, for having committed the murder of his daughter, Surinder Kaur, on the night intervening 2nd and 3rd Sept. 1982, at 2 a.m. at Gurudwara Singh Sabha, Nai Basti, Narela. He was convicted under S.302, I.P.C. and sentenced to undergo imprisonment for life.

(2.) The facts are that on the date of incident the appellant along with his son Rajinder Singh, P.W. 1 and his daughter, deceased Surinder Kaur, was residing in the aforementioned Gurudwara. About two to three months prior to the date of the incident, his second wife, Smt. Harbans Kaur, deserted him and was living in adultery with one Subhash of Mangolpuri. She had also taken the deceased, her daughter, and Rajinder Singh PW 1, her son, with her and they too had started living in the house of the paramour of their mother. About five to six days prior to the date of the incident, the appellant had brought back the deceased and PW 1 and had lodged them in the Gurudwara.

(3.) The prosecution case further is that the appellant had an evil eye on his deceased daughter and had allegedly made overtures to her. This was being allegedly resented by the deceased who had threatened that she will disclose it to her mother. Appellant is alleged to have asked her not to do so, but the deceased had expressed her determination ''to inform her mother. On the night of the incident while the family was retiring for the night, the deceased is again stated to have told her father, the appellant, that she would disclose it to her mother. This is alleged to be the reason for the appellant for having done her to death by chopping her throat with a sword. On hearing cries Rajinder Singh, PW 1, was awakened. He found his father, the appellant, standing with a bloodstained sword in his hand besides the cot on which the deceased was sleeping. Fearing he might also be attacked, Rajinder Singh, PW 1, is alleged to have left Gurudwara and rushed to the Police Station. On his way to the Police Station he met police personnel and returned to the scene of the incident where his statement Ex. PW 1/A was recorded, which statement in fact forms the basis for F.I.R. recorded at 3.15 a.m. on the same night. The appellant was brought to the scene of incident by PWs. 9, 10, 11 and 12 and was handed over to the police.