- (1.) Life or death is the question involved in this appeal. Sole appellant Sushil Kumar alias Lucky has been awarded death sentence in Sessions Case No. 70 of 2006, by Additional Sessions Judge, Jalandhar vide judgment and order dated 13/17.4.2007 holding him guilty of commission of offence under Section 302 of Indian Penal Code (for short 'I.P.C.') on three counts, i.e., for committing murder of his wife Pooja, son Jatin (6 years) and daughter Sofia (4 years). However, he was acquitted of the offence punishable under Section 309, IPC. Feeling aggrieved thereof, appellant preferred Criminal Appeal No. 447-DB of 2007 in the High Court of Punjab and Haryana at Chandigarh and as required under law, Death Reference under Section 366 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was sent for Crl.A.No.670/09 .... (contd.) confirmation to the High Court by the learned Additional Sessions Judge vide Murder Reference No. 3 of 2007.
(2.) Vide impugned judgment and order pronounced on 30.5.2008 by Division Bench of the High Court, Murder Reference No. 3 of 2007 has been answered against the appellant and capital punishment awarded to the appellant stands affirmed, as a necessary consequence thereof, Criminal Appeal No. 447-DB of 2007 filed by appellant stands dismissed. Hence, this appeal, but only against Murder Reference and not against the dismissal of his Criminal Appeal on merits. In other words, he is challenging only the capital punishment awarded to him and not the conviction under Section 302 IPC.
(3.) The genesis of the prosecution story was set at motion on the strength of telephonic information given to Police Station, Division No.5, Jalandhar on 4.3.2005 by Mr. Ram Lal, Councillor of Basti Danishmandan about the incident, which triggered off the police in action. S.I. Onkar Singh (PW-11), Investigating Officer, reached the place of occurrence alongwith other police personnel, where he found Sukhdev Kumar (PW-2), brother of deceased Pooja, who gave details of the unfortunate incident. The information, as narrated by him, to PW-11, I.O. is mentioned hereinbelow: Crl.A.No.670/09 .... (contd.);