STATE OF PUNJAB Vs. KULWINDER SINGH

JUDGEMENT

(1.) Hovering between life and death, Kulwinder Singh (hereinafter referred to as the accused) has put us in a piquant dilemma on the quantum of punishment especially when the 'sin' protruding out of the crime for which he has been found guilty, protests against any mercy.

(2.) On the fateful day, i.e., 4th August 2002 at about 2.30 PM Sarabjit Singh S/o Avtar Singh heard noise of his grand-mother Joginder Kaur emanating from inside the room built in the Bara (courtyard). He rushed to the Bara and after opening the door of the room saw that the accused was attacking with a gandasi on the neck of his grand-mother Joginder Kaur who was the maternal grand-mother in relation to the accused as well. On seeing Sarabjit Singh the accused fled away along with his gandasi. When Sarabjit Singh went inside the [room, he was horrified to see that his sister, Hardip Kaur, aged 17 years, was also lying near the heap of wheat husk smeared with blood and was crying for help. When he rushed to help Hardip Kaur, she told him that the accused had entered the room in withi a sinister design to commit rape upon her and since she resisted, the accused firstly put her chunni around her neck and tried to strangulate. Meanwhile, her grand-mother Joginder Kaur reached there and she too fell a prey at the hands of the accused who gave gandasi blows on the neck of Joginder Kaur. Hardip Kaur also told her brother Sarabjit Singh that she was also caused multiple injuries on her head and chin with a danda by the accused. After a few seconds only, both Hardip Kaur and Joginder Kaur succumbed to their respective injuries. The complainant - Sarabjit Singh also found a silver locket in a black thread in the right fist of his sister Hardip Kaur upon which "Kulwinder Singh" was inscribed in English.

(3.) On the statement of Sarabjit Singh, FIR Ex. PE was registered and the accused was arrested and put to trial, during the course of which he moved an application dated 4th February, 2003 that "he being of unsound mind, is unable to understand the proceedings of the Court and as such further proceedings be postponed in view of Section 329 Cr. P. C." The accused was accordingly referred for medical check-up before the Civil Surgeon, Hoshiarpur whereupon the Psychiatrist of the Civil Hospital, Jalandhar, submitted a report that the accused's thorough examination "does not reveal any disorder at present". The learned Sessions Judge accordingly held that the accused was sane and fit to face the trial. When the trial proceeded further and prosecution evidence was concluded, the accused came out with the plea of alibi that on 4-8-2002, i.e. the day of occurrence, he was in fact got admitted in Jaskaran Hospital at Nawanshahar at about 2 PM by none else than Avtar Singh, father of the complainant (Sarabjit Singh) as well as of the deceased victim (Hardip Kaur). He produced Dr. Inder Mohan Singh (DW 1) in that regard as also his brother Surjit Singh (DW2) who in addition to supporting the plea of alibi, further deposed that the accused was falsely implicated due to property dispute with the complainant party and that the deceased Hardip Kaur was sister of the accused in relation and another deceased Joginder Kaur was his maternal grand-mother.