STATE OF RAJASTHAN Vs. BAISAKHA SINGH

JUDGEMENT

(1.) By this judgment, we propose to dispose of the appeals filed by the accused appellant and the reference made by the learned Additional Sessions Judge, Sri Karanpur.

(2.) The appeals and the reference arise out of the judgment of the learned Additional Sessions Judge, Karanpur dated 26-3-1998 passed in Sessions Case No. 26/1997. The accused appellant Baisakha Singh was tried for offences under Sections 460, 302, 307 and 324, I.P.C. The trial Court has convicted the accused appellant for offences under Sections 302, 307 and 460, I.P.C. and awarded death sentence under Section 302, I.P.C. life imprisonment with fine of Rs. 500/- and in default of fine to further undergo 6 months imprisonment under Sections 307 and 460, I.P.C. on each count.

(3.) The investigation was initiated by the police on the basis of a statement recorded of PW-2 Neetu Rani Ex. P. 1 which was made the basis of FIR. In her statement PW-2 Neetu Rani said that while she along with her mother deceased Sarjeet Kaur, her sister deceased Veerpal Kaur and injured sister Rajani Kanta, brother deceased Sukhdev Singh and injured brother Manjeet Singh was in the house at about quarter to 8 or 8 p.m. Some one knocked at the door. At that time her father had gone to market to fetch milk. In response to the knocking of the door her sister Veerpal Kaur opened the door. At the door accused Baisakha Singh was there. He was holding a knife and entered into the house. He accosted Veerpal Kaur that you wanted to take divorce from me, therefore, I will kill you and your family. While saying these words the accused inflicted knife injury to Veerpal Kaur. Veerpal Kaur cried due to the injuries, whereupon her mother Sarjeet Kaur tried to intervene. The accused inflicted injuries to her mother also. Both the women after getting hurt tried to rescue themselves and in the process ran outside the gate and fell on the road and succumbed to the injuries.