- (1.) This appeal by special leave arises out of the judgment and order dated 08.01.2007 passed by the High Court of Punjab and Haryana in Criminal Appeal No.503-DB of 1997 affirming the conviction and sentence of the appellants under Section 302 read with Section 34 of IPC.
(2.) Appellant No.1 Gurmit Singh was married to Charanjit Kaur. However because of some differences, she was staying with her father Kulbir Singh, who was running a shop for sale of marble and chips at village Loharan in Distt. Jalandhar. On 06.02.1996 at about 4.00 pm, Appellant No.1 accompanied by his brother Harjinder Singh, i.e. Appellant No.2 allegedly came on a scooter to the shop of Kulbir Singh and asked him to permit Charanjit Kaur to stay with Appellant No.1. According to the prosecution, Kulbir Singh asked both the appellants to sit with him so that the matter could be settled. However Appellant No.1 took out a dagger and inflicted a blow on the left side of Kulbir Singh, followed by Appellant No.2 inflicting knife blows on the right side and the neck of Kulbir Singh. Surinder Kaur wife of Kulbir Singh raised hue and cry but both the appellants fled away towards Nakodar. The incident was witnessed by Surinder Kaur and her other daughter Gurpreet Kaur. With the help of Gurdial Singh and Devinder Singh, Surinder Kaur managed to shift Kulbir Singh to Satnam Singh Memorial Charitable Hospital at Malko Tarar, where he was given first aid and then referred to Military Hospital, Jalandhar.
(3.) S.I. Joginder Singh, went to Satnam Singh Memorial Charitable Hospital upon coming to know about Kulbir Singh having sustained injuries but by that time he was referred to Military Hospital, Jalandhar. He therefore reached Military Hospital and found Surinder Kaur weeping. Kulbir Singh succumbed to his injuries at 9.22 pm and the statement of Surinder Kaur was recorded at 10.50 pm, pursuant to which vide DDR No.25/26 at 11.40 pm crime was registered with Police Station, Lambra, Distt. Jalandhar against the appellants under Sections 302/34 IPC. As regards actual incident, her reporting was as under: " . My husband asked Gurmit Singh to sit there and to have a talk (to settle the matter) but my son-in-law at once whipped out a dagger from the dub (fold) of his pant worn by him and gave blow with the same on the left flank of my husband. His brother Harjinder Singh gave a blow with the knife held by him to my husband which hit him on his right flank, Harjinder Singh gave the third blow with the knife held by him to my husband which hit on the left side of his neck. I raised an alarm of "Mar Ditta, Marditta." (Killed, Killed) in order to save my husband. In the meantime, my younger daughter Gurpreet Kaur also came to the shop. Both Gurmit Singh and Harjinder Singh left the spot on their scooter towards Nakodar taking their sharp-edged weapons along with them. The whole incident was also witnessed by my daughter Gurpreet Kuar.";