LAWS(P&H)-2008-5-183

BALJIT SINGH Vs. STATE OF PUNJAB

Decided On May 27, 2008
BALJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) While convicting the appellant-accused Baljit Singh on a charge of having murdered his (second) wife Amarpreet Kaur and grand-mother Lakhwinder Kaur, on the night intervening 13/14.3.1997, the learned Trial Judge upheld the following prosecution presentation at the trial:-

(2.) Amarpreet Kaur is daughter of Prabhjit Kaur, a real younger sister of PW-5 Harpal Kaur. She (Amarpreet Kaur) used to reside with her maternal grand-mother Lakhwinder kaur. Father of Harpal Kaur and Prabhjit Kaur died about 10 years ago (prior to the date on which Harpal Kaur was examined at the trial). Out of his agricultural holding of 10 killas, 2-1/2 killas each fell to the share of Harpal Kaur, Lakhwinder Kaur, Amarpreet Kaur and Gurwinder Singh respectively. The land which fell to the share of Harpal Kaur and Gurwinder Singh was under their self-cultivation. Lakhwinder Kaur and Amarpreet Kaur used to reside at village Dalla. It is there that Amarpreet Kaur developed illicit relation with Baljit Singh, who was, otherwise, already a married man. That relationship was validated and documented by getting it registered under the Hindu Marriage (Punjab) Registration Act, 1955 ( Ex. PY is a certified copy of that entry), as per which the date of marriage is indicated as 19.9.1994. (In the course thereof appellant Baljit Singh represented himself to be unmarried but the adjudicatory exercise in the present appeal is not concerned with the validity or otherwise of that marriage).

(3.) With a view to devour that land which fell to the share of Lakhwinder Kaur, appellant first got it transferred to the name of Amarpreet Kaur and, then, got it 'sold' to his father Tarsem Singh, who subsequently sold it to one Gurnam Singh. The sale proceeds were retained by the appellant who did not pass on the same to Lakhwinder Kaur. When even Lakhwinder Kaur and Amarpreet Kaur would demand sale proceeds of that land, accused-appellant would quarrel with them and threaten to dispose of the share of the latter (Amarpreet Kaur) as well. About two days prior to the impugned occurrence, Harpal Kaur had been to her mother whom she informed that she had committed a mistake by transferring the land in his name. She requested her to impress upon the accused-appellant the desirability of handing over the sale proceeds of that land to her and also furnish the details of the income account of that land or else no further land would be given to him. After meeting her mother, Harpal Kaur went to village Urmal Tanda to visit her in-laws house. It was after two days thereof that Harpal Kaur was informed that Lakhwinder Kaur and Amarpreet Kaur had both been murdered.