STATE OF PUNJAB Vs. SUSHIL KUMAR @ LUCKY

JUDGEMENT

(1.) THIS judgment shall also dispose of connected Criminal Appeal No. 447-DB of 2007 as both these matters arise out of impugned judgment dated 13/17.4.2007 passed by Learned Additional Sessions Judge Jalandhar, in Sessions Case No. 70 of 2006 holding accused-appellant Sushil Kumar @ Lucky, guilty of offence under Section 302 IPC on three counts for committing murder of his wife Pooja, son Jatin (6 years), and daughter Sofia (4 years), and sentencing him to death while recording acquittal of charge under Section 309 IPC which was found not proved.

(2.) IT appears from prosecution case that on 4.3.2005, Councillor of Basti Danishmandan, namely Ram Lal, gave telephonic information to police about this occurrence. Pursuant thereto, Sub Inspector Onkar Singh with other police personnel reached the scene of occurrence, where complainant Sukhdev Kumar (PW2), brother of deceased Pooja, gave a statement to the effect that he is working in a football making factory. His younger sister Pooja @ Ashma was married to accused Sushil Kumar about seven years ago. She was blessed with two children a son, namely Jatin @ Babu, aged six years, and a daughter, named Sofia, of four years. Deceased Pooja had been residing in New Rasila Nagar in a rented accommodation of one Pawan Kumar, with her husband Sushil Kumar and children. Accused Sushil Kumar was earlier working in shop of one Babbu of Kishanpura, but for the last about 7-8 months, he was staying unemployed. He used to borrow money from others to meet his daily needs. Two days prior to this incident on 2.3.2005 at about 1.30 p.m., the complainant had come to see his sister, when he had noticed a minor scuffle between his sister and brother-in-law, which, however, had been settled with his intervention, and he had also advised them to live amicably. On 4.3.2005 at 6.30 a.m., the complainant received a telephone call from his brother-in-law, accused Sushil Kumar, informing him that he is admitted in a hospital and the complainant should go to his house to see his sister Pooja and her children who were alone in the house and he should enter the house by climbing its wall. When the complainant enquired as to whether there was any unpleasantness between husband and wife, then he was told to see after entering the house. Complainant Sukhdev Kumar rushed to the house of his sister and saw that his sister Pooja, her son Jatin, and daughter Sofia were lying dead on bed and they had been strangulated to death with a plastic rope, which was also lying there on bed. Both the hands of son Jatin were tied and there were incised wounds on left hand of Pooja. At about 6.45 a.m, the complainant received another telephone call from the accused and when he asked the accused as to what has he done and also told him to return home, the accused immediately disconnected the phone. Later on, the complainant came to know that the accused had consumed 'Sulphas tablets' and then got himself admitted in Civil Hospital. Complainant Sukhdev Kumar was confident in his statement that his brother-in-law (sister's husband), the accused, killed his wife Pooja, son Jatin, and daughter Sofia by strangulating their necks and then he himself consumed sulphas tablets due to hardships of poverty.

(3.) DR . S.K. Sharma (PW 1) conducted post mortem on dead body of Pooja, wife of accused Sushil Kumar, and noticed the following injuries (as reproduced from Doctor's evidence) :