- (1.) Introduction - Joginder Singh, accused-Appellant was convicted for the offence under Section 302 of the Indian Penal Code and was awarded death sentence for the commission of triple murder, subject to confirmation of this Court as per Section 366 of the Code of Criminal Procedure by the Sessions Judge, Faridkot. The Sessions Judge in terms of Section 366 Code of Criminal Procedure submitted the murder reference for confirmation and the accused, Joginder Singh, having been aggrieved by the conviction and sentence recorded by the trial Court, preferred the appeal. Prosecution Version
(2.) (a) P.W. 2 Chhinda Singh was the brother of deceased, Darshan Kaur. Darshan Kaur's husband, Wassan Singh and her son Harpreet Singh are the other two victims in the occurrence. P.W. 3 Lakhwinder Kaur is the wife of P.W. 2 Chhinda Singh. (b) Darshan Kaur was given in marriage to Wassan Singh of Gurdaspur. Darshan Kaur developed illicit relationship with the accused Joginder Singh when she was residing at Gurdaspur. Thereafter the husband and wife shifted their residence to Kotkapura. The accused continued his relationship with Darshan Kaur even after they shifted to Kotkapura. Darshan Kaur was not a consenting party in the illicit relationship with the accused for sometime before the occurrence. The accused was apprehended by the Police on the basis of complaint given by, Wassan Singh about a couple of occasions prior to the occurrence and Wassan Singh also caused fracture injury on his leg. Joginder Singh accused was blessed with three daughters and three sons. (c) P.W. 4 Puran Singh who is the resident of Kotkapura, was going on a bicycle towards the village Jalaliana for loading the wheat chaff in a tractor-trolly at about 11.30 pm on the day of occurrence. He noticed the accused going inside the house of Darshan Kaur. After finishing his labour work, he came back from village Jalaliana to Kotkapura at about 3.30 am, the following day morning. At that point of time he noticed the accused washing the blood stained kurta from the water flowing from handpump installed at the ''Golden Kanda''. Though he proceeded there to drink water, the accused got perplexed and therefore, he returned back to his house even without taking water from the handpump. (d) P.W. 2 Chhinda Singh and his wife P.W. 3 Lakhwinder Kaur, residents of the very same village Kotkapura proceeded to meet Darshan Kaur at her house at about 8.30 pm. The outer gate of the house Was found opened. The front room in the house was lying locked and a foul smell emanated from the front room. They peeped through the hole of the window and found to their surprise that Darshan Kaur, Wassan Singh and their son Harpreet Singh were lying dead on the cots. The blood was found oozing underneath their cots. The dead body of Darshan Kaur, the sister of P.W. 2 Chhinda Singh was found naked. A piece of cloth was lying thrust in the mouth of Wassan Singh, brother-in-law of P.W. 2 Chhinda Singh. (e) P2 leaving behind P.W. 3 Lakhwinder Kaur at the scene of occurrence, proceeded towards the Police Station but the police met him at Balmiki Chowk, Kotkapura. P.W. 13 Inspector Gurjit Singh recorded the statement Ex. P2 of P.W. 2 Chhinda Singh on 2.7.2008 at 10.30 pm. P.W. 13 Inspector Gurjit Singh sent the aforesaid statement of P.W. 2 Chhinda Singh to the Police Station for registration of the case. The formal FIR Ex. P34 was registered by ASI Jaspal Singh. (f) P.W. 13 Inspector Gurjit Singh proceeded along with the complainant and other Police officials to the house of Wassan Singh and found that three dead bodies were lying in a room. He secured the presence of a photographer for taking photographs of the scene of occurrence. The lock hanging on the Kunda was broken open. The lock and the kunda were sealed in a parcel and the same were taken into possession in the presence of P.W. 9 SI Jagdish Lai and another witness Kashmir Kaur vide memo Ex. P22. The dog squad was summoned to the spot. As the investigation could not proceed further, he stopped the same at 12'O clock at night, and on 3.7.2008 he again proceeded to the scene of occurrence along with the other Police officials and witnesses. The dead bodies were identified by Mohinder Singh and Veer Singh P.Ws. He prepared three inquest reports Exs. P36 to Ex. P38 at the spot. All the three dead bodies were despatched to G.G.S. Medical College, Faridkot for post mortem examination through HC Jaswant Singh and Lady Constable Sarabjit Kaur. (g) P.W. 13 Inspector Gurjit Singh recovered blood stained Kulhari vide memo Ex. P24. He also lifted blood samples from the blood found underneath the cots of Darshan Kaur and Wassan Singh and properly parcelled and seized the same vide memo Ex. P23. He also lifted blood stained cots and bed sheets vide memo Ex. P25. (A glass and one bottle of liquor were found lying in the adjoining kacha kotha. W. 13 Inspector Gurjit Singh recovered finger prints from the glass and bottle with the help of graphite powder and put the said articles in separate wooden boxes, sealed the same and took possession thereof vide memo Ex. P26 The voter identity card of Joginder Singh accused was also recovered from near the wall of the house of Wassan Singh vide memo Ex. P27. (h) P.W. 7 Jaswinder Singh is the member of the Mohalla Committee in Kotkapura. When he was present in his house on 3.7.2008 at about 9.00pm, accused Joginder Singh appeared before him and gave a confessional statement to the effect that he murdered Wassan Singh, Darshan Kaur and their son Harpreet Singh with kulhari in their house. The accused made a request to produce him before the Police. P.W. 7 Jaswinder Singh informed the accused that he would have a talk with the Police. The accused left the place with a promise that he would visit his house the next day morning. (i) P.W. 5 Dr. Shilekh Mittal along with Dr. Ram Gopal conducted post mortem examination on the dead body of Wacaan Singh, on the basis of requisition made by P.W. 13 Inspector Gurjit Singh at about 12.45 pm on 3.7.2008. There was foul smell from the dead body. Maggots were crawling all over the body. Multiple blisters were present all over the bodies. The following injuries were found on the dead body of Wassan Singh: i) A lacerated wound 6x4 cms on the left side of forehead 4 cm above nation, clotted blood was present. ii) A lacerated wound 5x3 cms on the left side of forehead 1.5 cm above left eye-brow; clotted blood was present. iii) A lacerated wound 4x3 cms on the left side of head 2 cm above injury No. 1; clotted blood was present. 4. A lacerated wound 5 x 2cms on the left side of head 1 cm above and lateral to injury No. 2; clotted blood was present. 5. A lacerated wound 3x2 cms on the center of head 2 cm medial to injury No. 3; clotted blood was present. On reflection of scalp, left frontal, left parietal and left temporal bones were found depressed. A fissure fracture of left occipital bone was present. They opined that all the injuries were ante mortem in nature. It is further opined that Wassan Singh had died due to the aforesaid five injuries which were sufficient in the ordinary course of nature to cause his death. Blood sample could not be lifted due to decomposition. The probable time of death was about 3 to 4 days earlier to the date of post mortem examination. (j) P.W. 5 Dr. Shilekh Mitral and Dr. Ram Gopal also conducted post mortem examination on the dead body of Harpreet Singh son of Wassan Singh. They found a lacerated wound 5 x 3 cms on the left side of head just above left ear pine. On reflection of scalp, a depressed fracture of left parietal and left temporal region of head and a fissure fracture of occipital bone were found. The said injuries were found to be ante mortem in nature. They opined that Harpreet Singh had died due to the aforesaid injuries which were sufficient to cause death in the ordinary course of nature. (k) P.W. 15 Dr. A.S. Thind conducted post mortem examination on the dead of Darshan Kaur on the same day. Foul smell emanated from the dead body. Maggots were crawling all over her body. Hairs could be easily pulled off. He found a lacerated wound 5 x 4 cms on the left side of the forehead just above the eye brow and another lacerated wound 2 x 1 cm on the forehead just above the nasal. On reflection of scalp a depressed fracture of left frontal and left parietal bones were found. A facial fracture of the left temporal bone was also noticed. All the injuries were found ante mortem in nature. She opined that Darshan Kaur died due to those two injuries which were sufficient to cause death in the ordinary course of nature. Ex. P4 is the post mortem certificate of Wassan Singh, deceased, Ex. P6 Is the post mortem certificate of Harpreet Singh, deceased and Ex. P8 is the post mortem certificate of Darshan Kaur, deceased. (I) P.W. 13 Inspector Gurjit Singh raided the house of accused Joginder Singh on 3.7.2008 and 4.7.2008 but he was not present at those point of time. With the association of P.W. 2 Chhinda Singh, P.W. 13 Inspector Gurjit Singh arrested the accused near a gas agency at Kotkapura. (m) On 6.7.2008, the accused gave a disclosure statement to the effect that he kept concealed blood stained kurta and pajama with key of the lock in its pocket underneath the iron petti lying in a room of his house. The disclosure statement Ex. P43 was recorded by P.W. 13 Inspector Gurjit Singh in the presence of P.W. 14 ASI Pawan Kumar, and P.W. 2 Chhinda Singh. On the basis of the disclosure statement, the blood stained Kurta-Pajama Ex. P44 containing the key of the lock of the room of the house of Wassan Singh were recovered from the house of the accused. The Kulhari M02, lock M03, the belongings of the deceased Darshan Kaur M04 to M06, the blood stained kurta pajama of the accused Joginder Singh M07 and M08, belongings of the deceased Harpreet Singh M09 and MO10, belongings of the deceased Wassan Singh M011 and M012, glass M013, bottle MOM, two blood parcels M015 and M016, three cots M017 to M019, three bed sheets MO20 to M022 and one mattress M023 were produced in sealed parcels with seals intact before the trial Court during the course of trial. The accused was remanded to judicial custody. Having examined all the witnesses in this case, the accused was charge sheeted. Response of the accused under Section 313 Code of Criminal Procedure:
(3.) The accused submitted that he did not know anything about the occurrence. Even the illicit relation he allegedly developed with Darshan Kaur was also disputed by him. It is his version that he was innocent, but he has been falsely implicated in the case. Trial Court's findings:;