S.S.GREWAL,J - (1.) JASWANT Singh son of Ram Singh son of Shankar Singh aged 21 years, resident of Katra Sher Singh, Amritsar, while working as a domestic servant in the house of Onkar Chopra committed the murder of Raj Kumari widow of Buta Ram and Raj Rani wife of Gian Chand and committed theft in respect of one chain of gold, one ring of gold, one Katora of silver and other valuables. He was tried and convicted under Section 302 of the Indian Penal Code, on two counts for intentionally committing the murder of Raj Kumari and Raj Rani and was sentenced to death of each count vide order of Additional Sessions Judge, Amritsar, dated 5th February, 1994.
(2.) THE learned trial Court has made reference under Section 366 of the Criminal Procedure Code, 1973 for confirmation of the death sentence awarded in this case whereas Jaswant Singh appellant has filed Criminal Appeal No. 105-DB of 1994 against the order of conviction and sentence passed by the learned trial Court. As common question of law and fact are involved in the Murder Reference as well as in the appeal filed by Jaswant Singh appellant, both these matters shall be disposal of by one judgment. In brief facts of the prosecution case as emerged from the first information report recorded on the basis of the statement of Jai Pal PW by Inspector Sukhwinder Singh are that Jai Pal the first informant is working as a clerk in the Electricity Department of Municipal Corporation, Amritsar. His father's sister Raj Kumari widow of Buta Ram Chopra was residing with the family of her son Onkar Chopra in House No. 95/96 Katra Sher Singh Wala, Amritsar. Onkar Chopra who runs a furniture shop near the Regent Talkies, took his children, who were on vacation to Dalhousie and left them there at the house of their maternal grand-parents about 15 days prior to the present occurrence. On 15th July, 1990 Onkar Chopra again went to Dalhousie. On the request of Raj Kumari, Raj Rani mother of Jai Pal first informant stayed with Raj Kumari who was all alone in house. On 18.7.1990, Jai Pal PW received telephonic message that some occurrence had taken place in the house of Raj Kumari. The first informant immediately rushed to the house of Onkar Chopra. At that time, he saw that many persons had already gathered in front of the said house. Jai Pal PW went inside the house and saw the dead bodies of Raj Kumari his father's sister and Raj Rani his mother besmeared with blood were lying on the cots. Both the dead bodies bore injuries marks with sharp edged weapons on the faces. It was further mentioned in the first information report that some unknown person had murdered his mother Raj Rani and his father's sister Raj Kumari and that he does not suspect any body. After the first information report at 9.20 a.m. on 18.7.1990 Inspector Sukhwinder Singh went to the spot and inspected the same in the presence of Jai Pal and other police officials. He prepared inquest reports concerning dead bodies of Raj Kumari and Raj Rani deceased, got the scene of occurrence photographed and also prepared rough site plan of the place of occurrence. After the dead bodies were sent for post-mortem examination, Inspector Sukhwinder Singh lifted blood stained earth, one small hammer (Hathora) with broken handle and one broken lock affixed in the Almirah lying in the bed room of Raj Kumari and the same were taken into possession through seizure memos. Meanwhile Onkar Chopra also came back to Amritsar and after verifying made statement concerning valuable articles missing from the house. Jaswant Singh accused was produced before Inspector Sukhwinder Singh by Gopal Krishan and Tarlok Singh PWs on 20.7.1990 and he was taken into custody. Apart from bills and currency notes recovered from the possession of Jaswant Singh accused, pass- book of J and K Bank Branch was recovered from the left side pocket of the pant of the accused. Pass-book contained an entry concerning deposit of more than Rs. 5000/- in that account. On interrogation by Inspector Sukhwinder Singh, Jaswant Singh accused made a disclosure statement in pursuance of which he got recovered blood stained Datar from a drum full of sand lying in the garage of Onkar Chopra PW, which was duly sealed and taken into possession through seizure memo. Jaswant Singh accused got recovered Silver Katora, golden chain and ring buried under the earth near the electric pole in Company Bagh, Amritsar. In pursuance of his disclosure statement, Jaswant Singh accused got recovered blood stained shirt from the roof of the electric power house building in the Company Bagh, Amritsar.
(3.) DR . Jaswant Singh PW. 5 conducted autopsy on the dead body of Raj Rani deceased on 18.7.1990 at 3.30 p.m. and found six incised injuries on the face and neck. Death in the opinion of the said doctor was due to shock and haemorrhage as a result of injuries to both sides of neck accompanied with fracture. These injuries were sufficient to cause death in the ordinary course of nature. On the same day at 4.30 p.m. the said doctor conducted autopsy on the dead body of Raj Kumari deceased and found six incised injuries on the face, neck, right and left side of the chest and right shoulder. Death in the opinion of the said doctor was due to shock and haemorrhage as a result of injury to carotid vessel accompanied with fracture and the said injury was sufficient to cause death in the ordinary course of nature.;