STATE Vs. RAMINDER SINGH ALIAS HAPPY

JUDGEMENT

(1.) THIS is a death sentence reference under Section 366 of the Code of Criminal Procedure, 1973 whereby the learned Additional Sessions judge has imposed a sentence of death on the convict Raminder Singh @ Happy after having found him guilty under Sections 302/ 323 IPC as well as Section 27 of the Arms act.

(2.) THE prosecution case, which has been believed by the Trial Court while convicting the said convict, is that Smt. Harjeet kaur, who is a housewife, was living at S-2/ 81, Old Mahavir Nagar, Delhi along with her husband and two sons Gurmeet Singh aged 22 years and Prabhjot Singh aged 16 years. The convict Raminder Singh @ Happy is the second son of her sister-in-law malvinder Kaur. He had a shirt manufacturing unit at Anand Parbat Gurmeet singh, who was the complainant's son, used to sell gents' pajamas at Karol Bagh in hangers. Raminder Singh @ Happy suspected that Gurmeet Singh was spoiling his business by calling his parties over telephone. As such he had developed enmity against gurmeet Singh and was not on visiting terms.

(3.) ON 26. 10. 2002 at about 10:15 p. m. Gurmeet Singh had returned from work. While he was washing his face at about 11 p. m. , Raminder Singh @ Happy came to his house and questioned Gurmeet as to why he was calling his parties over the phone. Gurmeet denied having called any of his parties as he had a separate business. Upon this Raminder Singh @ Happy got angry and took out a knife concealed in his sock of the right foot and inflicted injuries on the neck and chest of Gurmeet. When the complainant Smt. Harjeet Kaur and her younger son prabhjot Singh tried to save Gurmeet, raminder Singh @ Happy also stabbed prabhjot Singh and hit Smt. Harjeet Kaur and gave a fist blow to Smt. Harjeet Kaur on her face. Both the sons of Smt. Harjeet kaur fell down and she raised an alarm. The neighbours came there on hearing the alarm and apprehended Raminder Singh @ Happy and locked him in a room. Gurmeet Singh died at the spot and Prabhjot Singh died in hospital on 29. 10. 2002. The accused was arrested by the police. The weapon of offence, that is, the knife was recovered and the charge-sheet was submitted under Section 302/323 IPC. Thereafter, the trial commenced and concluded and the Trial Court found the prosecution story to have been proved beyond doubt. As a result, the said raminder Singh @ Happy was convicted by the judgment dated 23. 08. 2008. The order on sentence was passed on 27. 08. 2008 and is before us for confirmation of the sentence of death awarded by the learned Additional sessions Judge.