M.R.SHAH.J. - (1.) Being aggrieved and dissatisfied by the impugned judgment and order dated 20.09.2013 passed by the High Court of Punjab and Haryana at Chandigarh in Murder Reference No. 3 of 2013 with Criminal Appeal No. D-385-DB of 2013, by which the High Court has affirmed the death penalty imposed by the learned Sessions Court, by affirming the judgment and order passed by the learned Sessions Court, Fatehgarh Sahib dated 15.03.2013, consequently convicting the appellant-accused for the offence punishable under Section 302 IPC, the original accused has preferred the present appeals.
(2.) The case of the prosecution as per the statement of PW-5 -Jasmeen Kaur - original Complainant was that she was married with Rupinder Singh S/o Jeet Singh of village Bhojewal in the year 2005. Two children, the elder son namely Jaskirat Singh, aged about seven years and a daughter namely Prabhsimran Kaur aged about six years were born from the said marriage. Since the atmosphere in the family of the in-laws of the complainant was not good, complainant Jasmeen Kaur along with her husband and children had been living at her natal place at village Mukandpur for the last about six years prior to the occurrence. Gurinder Singh @ Babbu, brother of Jasmeen Kaur used to consume liquor in excess. He was dissuaded by the family from doing so and was also made to understand in this regard. Thereafter, Manjit Kaur, wife of the accused Khushwinder Singh, R/o village Suhavi, Police Station Khamanon, who is the daughter of maternal uncle of the complainant, came to see her along with the accused. The latter informed the family of the complainant that he knew one 'Baba' (holy man) who lives in their area, who can make person get rid of their habit of drinking permanently. The accused further informed that he also knew one travel agent, who could send Rupinder Singh, husband of the complainant, abroad. Thereafter, the accused along starting visiting the house of the complainant. About three months prior to the incident, the accused came to the house of the complainant and informed that he had made arrangements with an agent for sending Rupinder Singh to Canada. He demanded Rs. 2,00,000/- and the passport of Rupinder Singh. He also informed that the remaining amount of Rs. 14,00,000/- was to be paid on getting visa. Thereupon, the family of the complainant pledged their gold ornaments with the goldsmith and borrowed Rs. 2,00,000/- which, along with the passport of Rupinder Singh, were handed over to the accused. The accused further informed the complainant's family that the job would be done within two months. The accused further informed that he had also got in touch with 'Baba' (holy man) to enable Gurinder Singh to give up his habit of drinking and, for that purpose, the complainant's family would have to offer "Dhala" (offering certain pulses, rice etc. in running water). 2.1 On this, in the evening of 25.06.2012 at about 06.00 p.m., the accused came to village Mukandpur to the house of the complainant in his car and informed the family of the complainant that "Dhala" was to be offered on the night at about 02.30 a.m. and, for this purpose, the accused made Paramjit Kaur - mother, Gurinder Singh @ Babbu -brother and Rupinder Singh - husband of complainant respectively to accompany him. Gurinder Singh, father of the complainant, also accompanied them as he was to pay obeisance at Gurudwara Rara Sahib. Then, on 26.06.2012 at about 11.30 a.m. the accused came back in his car to village Mukandpur and informed the complainant that Gurinder Singh, Paramjit Kaur and Rupinder Singh had been left with 'Baba ji". In the evening, the complainant should accompany him to the 'Baba" for offering "Dhala". 2.2 On 26.06.2012 at about 6.30 p.m., the complainant Jasmeen Kaur, along with her father Gurmail Singh, son Jaskirat Singh and daughter Prabhsimran Kaur accompanied the accused in his Maruti car bearing no. PB-10AM-9371. On the way, the accused informed that he had received a phone call from "Baba ji" that Gurinder Singh would permanently get rid of his drinking habit, but in turn Gurmail Singh, father of the complainant, would have to take a drink. On this, Gurmail Singh got into a fix, as he in fact never used to drink liquor, but he under compulsion agreed to consume liquor. Thereafter, on the way, the accused purchased a half liquor bottle and gave to Gurmail Singh, father of the complainant, for drinking. He gradually consumed the half liquor bottle. Thereafter, the accused took some rounds and got the complainant, her children and Gurmail Singh towards the canal ahead of Bassi Pathana, where he turned his car to towards the bridge of the canal on its bank an informed the complainant that they were to first offer "Dhala". On this, at about 09.30 p.m., complainant Jasmeen Kaur and her father Gurmail Singh got down from the car and the children kept sitting in the car. They came to the bank of the canal and when they were to offer "Dhala" in the running water, the accused pushed both of them in the canal and, on this, both of them fell in the canal. Jasmeen Kaur, however, fell on one side of the canal near the edge and she, therefore, started to save herself. At some considerable distance, she was able to catch an iron bar, which had been fixed in the canal and from there, she came out of the canal and by coming along the canal she disclosed the entire occurrence to the official of the canal department who were present there. They further informed it to the parental family of the complainant at village Mukandpur. They, along with the complainant, also searched for her father and children, but she could not get to know anything about them. The place of occurrence was near the bridge of Bhakra canal of village Thablan. 2.3 The complainant had a firm belief that the accused by cheating their entire family on a false pretext had thrown her husband Rupinder Singh, her brother Gurinder Singh, mother Paramjit Kaur, son Jaskirat Singh and daughter Prabhsimran Kaur had been illegally detained somewhere or they had been thrown in the canal. The complainant further alleged that, along with her, her father Gurmail Singh was also thrown in the canal by the accused and the accused had killed him so that his dead body may be untraceable. The complainant further informed in her statement that they had sold their land for Rs. 37,00,000/- and that money was lying at their home and the accused only knew about it. The accused, therefore, had finished her entire family as he wanted to misappropriate the amount of Rs. 37,00,000/-. The accused carried out this exercise by keeping the entire family in deceit. The complainant requested that action be taken against the accused and they be imparted justice. The complainant had given her statement in the present of her brother Jang Bahadur Singh. She had heard her statement and it was correct. She signed her statement in Punjabi, which was affirmed by Jang Bahadur Singh and was attested by SI Shamsher Singh, SHO, Police Station Basi Pathana. 2.4 The said statement - Ex. P5 ibid of Jasmeen Kaur complainant was recorded by Shamsher Singh, SI (PW-7) who read over and explained the contents thereof to her and the complainant after admitting the genuineness and correctness thereof, signed the same. Later, Shamsher Singh, SI put his endorsement Ex. P9 thereon, to the effect that 27.06.2012 he had received a telephonic message in the police station that some persons had been thrown in the canal.Thereupon, he accompanied by other police officials visited the Bhakra main line near the bridge at village Thablan, where several persons had gathered along the canal bank. The complainant got her statement recorded. Endorsement Ex.P9 was completed on 27.06.2012 at 11.30 a.m. The statement was sent to police station Bassi Pathana through Constable Sikander Singh. On the basis of the said statement Ex. P5, formal FIR Ex.P10 for the offences under Sections 302, 307 and 201 of the IPC was registered against the accused.
(3.) That, thereafter the Investigating Officer commenced the investigation and recorded the statements of the concerned witnesses and also collected the incriminating material. The Investigating Officer set out for search of the accused and recorded the statement of one Manjit Singh, resident of Village Nogawan, who was the Ex-Sarpanch and informed the Investigating Officer that the accused came to him on the morning of 27.06.2012 and told him that he had thrown his relations Gurinder Singh, Rupinder Singh, Paramjit Kaur, Gurmail Singh, Prabhsimran Kaur, Jasmeen Kaur and Jaskirat Singh in the Bakhra Canal. That, thereafter the Investigating Officer arrested the accused. On being interrogated, he made some disclosers to the police, including that he had stolen Rs. 36,70,000/- from the house of Gurmail Singh and he had concealed the money in his house in a bag which was lying in the almirah of his house. His disclosure statement was recorded, signed by the accused and witnessed by ASI Kaur Singh. It was attested by Shamsher Singh S.I. The accused then accompanied the police to his house and led them to the almirah from where Rs. 36,70,000/- contained in a bag were recovered. Recovery memo was prepared. Thereafter, the investigating team visited the place of incident where the victims were thrown in the canal. A supplementary statement of the complainant was recorded wherein she disclosed the theft of her ornaments and money. That, one by one, the dead bodies of the victims were found. The Investigating Officer collected the medical evidence. The autopsy on the dead bodies of the victims was done by the concerned doctors. During the course of the investigation and on the basis of the statement made by the accused during interrogation, the Chappals and shoes of the victims were found/recovered. That, during interrogation, the appellant made a statement that on 26.06.2012 in the morning, he administered sleeping pills Anzilum 05 along with "mishri" (Sugar) to Rupinder Singh, Gurinder Singh and Paramjit Kaur before offering "Dhala" and empty strips lying in the envelope were kept concealed underneath the driver seat of a Maruti car and he could get those recovered. His disclosure statement was recorded, that was signed by him and witnessed by ASI Harjit Singh and HC Balbir Singh. That, thereafter the Investigating officer recovered those strips from the car parked in the police station. The Investigating Officer prepared parcel of this article and sealed the same.;