AJAY KUMAR & ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of aforementioned two appeals i.e. CRA No.1127-DB of 2009 preferred by Ajay Kumar and Gurjit Kaur as well as CRA No.1128-DB of 2009 preferred by Rajinder Singh against the judgment of conviction and order of sentence dated 29.10.2009 passed by the Additional Sessions Judge, Kapurthala, whereby appellants namely Ajay Kumar and Rajinder Singh were convicted for an offence punishable under Section 302 IPC, whereas appellant Gurjit Kaur was convicted for an offence punishable under Section 302 read with Sections 120-B and 109 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each. In default of payment of fine, the defaulter was directed to undergo simple imprisonment for a period of two months.

(2.) The prosecution case was set in motion on the statement (Ex.PK) of Hardeep Singh son of Bahadur Singh, brother of the deceased Mohinder Singh, made to Inspector Nirmal Singh, P.S.City, Kapurthala on 07.06.2006. In his statement, Hardeep Singh stated that he has two brothers namely Mohinder Singh and Gurnam Singh. Gurnam Singh died about 11/12 years ago, whereas Mohinder Singh, who after retirement as Deputy Commandant from Border Security Force, was residing in his house at Mohalla Preet Nagar, Markfed Chowk, Kapurthala for the last six years. His brother Mohinder Singh has two sons namely Ranjit Singh and Apar Singh. He stated that Ranjit Singh died about six years ago and Apar Singh, who is residing in America, was married to Gurjit Kaur daughter of Sewa Singh and has two sons namely Harmanveer Singh, aged about 12 years and Harkeerat Singh, aged about 10 years. He further stated that Gurjit Kaur alongwith his sons was residing with his brother Mohinder Singh and sister-in-law Daljit Kaur (since deceased) at Preet Nagar. On 05.06.2006, his brother Mohinder Singh, aged about 62 years and sister-in-law Daljit Kaur, aged about 56 years, left the children in Village Rani, District Hoshiarpur on car, as there were holidays in the school. He stated that today i.e. 07.06.2006 at about 1.00 PM, his brother's friend namely Surinder Singh Ghuman informed him telephonically that his brother Mohinder Singh and sister-in-law Daljit Kaur have died. On receipt of such information, he alongwith his son Shamsher Singh reached at the house of his brother. His brother's daughter-in-law namely Gurjit Kaur already reached there.

(3.) He saw that blood stained dead bodies of his brother Mohinder Singh and sister-inlaw Daljit Kaur were lying on the bed. Apart from noticing sign of injuries, he also noticed that two empty cartridges of gun were lying under the bed and .12 bore double barrel rifle of his brother was lying alongwith the side of the bed.