IMTIYAZ MURTAZA J - (1.) PRESENT Criminal appeal has its genesis in impugned judgement and order dated 5.6.2008 rendered in S.T. No. 108 of 2006 (State v Harveer and another). The trial of accused in the case culminated in conviction of the appellant Harveer under section 302, 324, 120 B IPC and he was visited with penalty of death.
(2.) THE appeal aforesaid, it would appear was admitted by this Court on 24.7.2008. Thereafter, the appeal, it would appear, was listed on 10.7.2009 and again on 13.7.2009. On 14.7.2009, it transpired that the appellant was not represented and therefore, the Court appointed Sri Raghuraj Kishore Advocate as Amicus Curiae and directed that the appellant be informed whether he would like to be represented by Amicus curiae or would prefer to engage lawyer of his own choice. After the compliance report had been received, the appeal was heard on merit and judgement was reserved on 8.9.2009. The author of the F.I.R in the case is one Ghasitu resident of village Nagal P.S.Chhaprauli Distt Baghpat. The report submitted to the police is to the effect that on 5.6.2005 at about 7 a.m, his brother Harveer had murdered his eldest daughter namely Km. Brijbala aged about 14 years by cutting her throat by Khurpi (a flat bladed tool) and he roamed about around the village with truncated head. It is further stated that the village people tried to catch hold of him but he fled away by throwing the truncated head near the dead body. It is also stated that he also left behind his blood smeared cloths. It is also stated that the deceased was ailing for the last three months and it was believed by the accused that she was possessed by some evil spirit. At times, she fell unconscious and at times, she used to prattle talking nonsense. It is further stated that she had been murdered on account of superstition induced by some sorcerer. It is also stated that the incident was witnessed by Shimla mother of the deceased and she also tried to ward off the blow inflicted on deceased by the appellant but she was also assaulted and as a result she suffered injuries on her hands.
(3.) THE investigation of the case was taken over by S.I. Indra Pal Singh who prepared site plan Ex.ka 8, and also collected blood stained earth and simple earth Ex. ka. 9. He also recorded statements of the witnesses. The accused Peru was thereafter arrested. Subsequently, the investigation was made over to S.O. Mehar Singh who arrested accused Harveer and submitted charge sheet in the court.;