- (1.)This appeal has been preferred by the State of Punjab against the judgment and order passed by the Punjab High Court, declining to accept the reference for confirmation of death sentence, as awarded against the respondent-Gurmej Singh by the Court of Sessions. The appeal, preferred by the accused-Gurmej Singh against his conviction, was however, dismissed upholding his conviction. The sentence, thus was commuted from one of death to imprisonment for life. The question, therefore, is confined to the award of the sentence whether it may be maintained as imprisonment for life or the respondent be sentenced to death as ordered by the trial Court.
(2.)Briefly, the facts of the case are that the accused-respondent-Gurmej Singh is brother of the deceased-Jagjit Singh. It is said that while in Dubai, Gurmej Singh had been sending money to his brother Jagjit Singh. Gurmej Singh had also been running business of dairy farming in the village and used to give his land on contract basis. Jagjit Singh has been living in the village.
(3.)The prosecution case about the occurrence is that on November 1, 1993, at about 11.00 p.m. Gurmej Singh assaulted his brother Jagjit Singh at their house in village Manuke, as well as wife of his brother Charanjit Kaur, their son Swaranjit Singh, daughter Gurmeet Kaur and Amarjit Kaur daughter of the sister of Charanjit Kaur. P.W. 5 Dalip Singh, who is father-in-law of the deceased-Jagjit Singh and father of Charanjit Kaur, happened to be staying there on that day at the house of Jagjit Singh. He got up on hearing the commotion and asked Gurmej Singh not to assault, upon which Gurmej Singh assaulted Dalip Singh as well. It is further said that since the handle of the kirpan got broken, Gurmej Singh picked up a dah and continued the assault with the said dah. The witnesses raised alarm and other people arrived at the spot. As a result of the assault three persons died viz. Jagjit Singh, his wife Charanjit Kaur and Swaranjit Singh, their son. Dalip Singh, Gurmeet Kaur minor daughter of Jagjit Singh and Amarjeet Kaur daughter of sister of Charanjit Kaur, received injuries. Thereafter, report was lodged by P.W. 5 Dalip Singh the complainant and after usual investigation, respondent-Gurmej Singh and his wife both were charge-sheeted. After the trial, respondent-Gurmej Singh was convicted under S. 302, I.P.C. on three counts for the three murders and sentenced to death on each count with a fine of Rs. 5000/- also on each count, in default of payment of fine, to go rigorous imprisonment for one year each. The other sentences which have been awarded, are as follows :
1. 2. 3.

1. Under Section 326 of the Indian Penal Code for causing grievous hurt to Gurmeet Kaur Sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 3000/- and in default of payment of fine to undergo rigorous imprisonment for two months.

2. Under Section 326 of the Indian Penal Code for causing grievous hurt to Amarjit Kaur Sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 3000/-. and in default of payment of fine, to undergo rigorous imprisonment for two months.

3. Under Section 324 of the Indian Penal Code for causing simple hurt to Gurmeet Kaur Sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/-. In default of payment of fine to undergo rigorous imprisonment for two months.

4. Under Section 324 of the Indian Penal Code for causing simple hurt to Amarjit Kaur Sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/-. In default of payment of fine, to undergo rigorous imprisonment for two months.

5. Under Section 324 of the Indian Penal Code for causing simple hurt to Dalip Singh Sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 2000/- and in default of payment of fine to undergo rigorous imprisonment for two months.

6. Under Section 450 of the Indian Penal Code for trespassing in the house of Jagjit Singh Sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 3000/- and in default of payment of fine to undergo rigorous imprisonment for two months.