LAWS(P&H)-1994-5-95

STATE OF PUNJAB Vs. JASWANT SINGH

Decided On May 31, 1994
STATE OF PUNJAB Appellant
V/S
JASWANT SINGH Respondents

JUDGEMENT

(1.) JASWANT Singh son of Ram Singh son of Shankar Singh aged 21 years, resident of Katra Sher Singh, Amritsar, while working as a domestic servant in the house of Onkar Chopra committed the murder of Raj Kumari widow of Buta Ram and Raj Rani wife of Gian Chand and committed theft in respect of one chain of gold, one ring of gold, one Katora of silver and other valuables. He was tried and convicted under Section 302 of the Indian Penal Code, on two counts for intentionally committing the murder of Raj Kumari and Raj Rani and was sentenced to death of each count vide order of Additional Sessions Judge, Amritsar, dated 5th February, 1994.

(2.) THE learned trial Court has made reference under Section 366 of the Criminal Procedure Code, 1973 for confirmation of the death sentence awarded in this case whereas Jaswant Singh appellant has filed Criminal Appeal No. 105-DB of 1994 against the order of conviction and sentence passed by the learned trial Court. As common question of law and fact are involved in the Murder Reference as well as in the appeal filed by Jaswant Singh appellant, both these matters shall be disposal of by one judgment.

(3.) DR . Jaswant Singh PW. 5 conducted autopsy on the dead body of Raj Rani deceased on 18.7.1990 at 3.30 p.m. and found six incised injuries on the face and neck. Death in the opinion of the said doctor was due to shock and haemorrhage as a result of injuries to both sides of neck accompanied with fracture. These injuries were sufficient to cause death in the ordinary course of nature. On the same day at 4.30 p.m. the said doctor conducted autopsy on the dead body of Raj Kumari deceased and found six incised injuries on the face, neck, right and left side of the chest and right shoulder. Death in the opinion of the said doctor was due to shock and haemorrhage as a result of injury to carotid vessel accompanied with fracture and the said injury was sufficient to cause death in the ordinary course of nature.