ABDUL RASHID Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THESE two appeals, i.e. Crl. Appeal No. 38-DB of 1991 titled as Abdul Rashid v. State of Punjab and Crl. Appeal No. 295-DB of 1990 titled as State of Punjab v. Abdul Rashid are directed against the judgment dated September 27, 1989 by which the appellant has been convicted under Section 302 of the Indian Penal Code for the murder of Amrik Singh and Shinder Kaur on each of two counts and was sentenced on September 30, 1989 under Section 302 of the Indian Penal Code in respect of murder of Shinder Kaur to undergo imprisonment of life and also sentenced under Section 302 of the Indian Penal Code for the murder of Amrik Singh to undergo imprisonment of life. Both the sentences of imprisonment were ordered to run concurrently. State of Punjab has filed the appeal for awarding the death sentence of two appellant.

(2.) AS a sequel to the homicidal death of two unfortunate children, one named Amrik Singh aged about five years and the other called Shinder Kaur aged about three years, Abdul Rashid accused, a self-styled sorcerer obsessed with the efficacy of his which-craft, was charged with the commission of the offence punishable under Section 302 of the Indian Penal Code to which he pleaded not guilty and claimed trial Horrible narrative, unfolded as it is in the deposition of their (deceased) parents, may be stated in broad essentials thus :-

(3.) ON June 9, 1987, Jaswant Kaur, PW-4 and Sewak Singh, PW-5 brought both of their children to the mosque which was the abode of Abdul Rashi in village Pharwahi. He assured them that he would cure their children through the magic of his witch-craft. In the first instance, he offered prayers/recited verses from the Holy Quran Sharif. Also, he started beating them (children) with the stick, Ex. P-3 as well as gave slpas to them. And this process continued for the two days.