UMA NATH SINGH,J - (1.) THIS judgment shall also dispose of connected Criminal Appeal No. 1033-DB of 2007, filed by the sole accused-appellant Mohinder Singh as both the matters arise out of the impugned judgment dated 22.11.2007 passed by learned Sessions Judge, Ludhiana, in Sessions Case No. 32 of 19.4.2006, holding the accused-appellant guilty of offence under Section 302 IPC and sentencing him to death for committing murder of his wife Veena Verma and his daughter Geetu Verma on 8.1.2006 in the area of Partap Singh Wala, Ludhiana.
(2.) AS per the prosecution case, on 8.1.2006, Sub Inspector Gurpreet Singh (PW15), S.H.O. Police Station Haibowal, Ludhiana, at about 7.00 P.M. received a telephonic information that a man has committed murder of two women in the area of Village Partap Singh Wala. Pursuant thereto, the S.H.O. alongwith other police officials went to the scene of occurrence and recorded the statement (Exhibit PH) of complainant Shalu, daughter of the accused. Shalu (PW-2) disclosed in her statement that she was residing with her mother Veena Verma, sister Geetu Verma, and brother Malkiat Singh alias Vicky. Neetu Arora is her elder sister who is married at Khanna. Her father Mohinder Singh was staying separately. On the date of incident, i.e., 08-01-2006, her brother Malkiat Singh went out to leave his sister Neetu in her-in-laws' house at Village Allorah. As such, only she, her mother Veena Verma, and sister Geetu Verma were present in the house. At about 6.30 P.M., her sister Geetu Verma was paying obeisance in the worship room and her mother Veena Verma was lying in the bed room. She (complainant) was also present near her mother. In the meantime, her father Mohinder Singh came inside their house through the staircase while carrying a kulhara in his hand. She told her mother that her father has come. When her mother Veena Verma got up and came in the lobby of the house, her father accused Mohinder Singh threatened her saying that he would teach a lesson. He gave a kulhara blow on the head of Veena Verma who collapsed on the ground, and thereafter, the accused gave her two more blows with kulhara which struck on the finger of her hand, and second blow landed on her neck. After that, accused-appellant gave three kulhara blows to her sister on her head. As a result, both her mother and sister were laid in the pool of blood. The complainant, out of fear, went into the room and bolted it from inside. Afterwards, the accused appellant fled away from the spot throwing the kulhara there itself. The complainant raised hue and cry after coming out of the house saying that her father Mohinder Singh has murdered her mother Veena Verma and her sister Geetu Verma. It attracted the attention of people around who gathered on the spot. Her mother Veena Verma and sister Geetu Verma had succumbed to the injuries at the spot itself. The complainant while disclosing the motive behind the occurrence narrated that her father Mohinder Singh had committed rape on her sister deceased Geetu Verma and on her statement, a case had been registered against him. Her mother Veena Verma was a witness in that case and on conclusion of the trial, the accused was convicted and sentenced. The accused had come out after serving out the sentence and wanted to oust them from the house. (However, it is told by learned counsel for the parties that the accused had been sentenced to 12 years rigorous imprisonment and he had come out only on parole). The statement of the complainant having been recorded, S.I. Gurpreet Singh (PW-15) vide his endorsement Exhibit PH/1 sent it to the Police Station and on that basis, a formal FIR Exhibit PH/2 was recorded by ASI Som Nath. Inquest proceedings of the dead body of Veena Verma vide Exhibit PC and that of Geetu Verma alias Gurmit Kaur vide Exhibit PF were completed. The Investigating Officer also drew the rough site plan Exhibit PCC of the scene of occurrence and lifted blood of both the dead bodies separately. He made the incriminating materials into parcel and sealed the same with his seal impression "GS". The parcels were taken into possession vide memo Exhibit PL in respect of dead body of Veena Verma and Exhibit PM in regard to that of Gurmit Kaur alias Geetu Verma. The Finger Prints Expert- Pardeep Kumar (PW-9) was also summoned. He was shown the articles suspected to have been handled by the accused. The articles were examined after applying chemical powders and further, some impressions were also noticed on a window glass. Pardeep Kumar (PW-9), encircled and initialed the impressions on those articles. ASI Jagjit Singh prepared the negatives of the chance prints at the spot. The positive prints thereof which were lateron prepared in finger print office, were sent to the Director, Finger Print Bureau, Phillaur, for necessary action. The report of the Bureau is Ex.PS. Constable Sucha Singh (PW4) an official photographer in CIA Staff, Ludhiana, also visited the spot and photographed both the dead bodies. He took the photographs Ex.P-2 to Ex.P-13 and their negatives are placed on record as Ex.P14 to Ex.P25. The photographs were taken into possession vide Exhibit PN by the Investigating Officer. The Investigating Officer, SI Gurpreet Singh (PW15) also prepared a rough sketch vide Ex.PK of the kulhara, weapon of offence, after recovery, which was converted into a parcel and sealed with his seal impression. The same was taken into possession by the police vide Ex. PJ. During the course of investigation, SI Gurpreet Singh (PW15) received an information that the accused was hiding himself in a rented accommodation in Chhoti Haibowal, and pursuant thereto, he went to that place and arrested him vide memo (Ex.PU). On search of his bag which the accused was possessing, his blood stained pant and shirt were recovered which were also made into parcel and taken into possession vide Ex.PX. Personal search of the accused was conducted vide Memo (Ex.PV), and then he was lodged in police custody. The dead bodies, after inquest, were handed over to ASI Dalip Singh for post mortem examination. The post mortem of the dead body was conducted by Dr. U.S. Sooch (PW-1), Medical Officer, Civil Hospital, Ludhiana. with Dr. R.S. Garewal, on police request (Ex.PB) being accompanied by Inquest Report (Ex.PC) under the direction of Dr. Manjit Kaur, then SMO vide her endorsement Ex.PB/1, whose handwriting and signatures were identified by PW1. On examination of dead body of Veena Verma, the Doctors noticed that post mortem staining was present on the back whereas rigor mortis was present all over the body. They also noticed the following injuries : "1. One incised wound 6-1/2" x 2" x 5" deep placed obliquely on the right lateral side and upper part of the neck with lobule of the right ear was cut through and through and the right mastoid bone was also cut. The soft tissues, muscles, blood vessels and second cervical vertebrae was also cut along with membrane and spinal cord. 2. Incised wound 4" x 1" x brain matter deep 1" right to the mid line on the top of vertex with underneath bone membrane and brain tissues were cut. 3. Incised wound 4-1/2" x 1/2" x bone deep horizontal on the nape of neck on its lower part. The underneath muscles, soft tissues and 6th cervical vertebrae was cut along with membrane and spinal cord. 4. The left index finger was partially amputated from its lower one third with clean cut margins. Stomach contained 250 CC of fluid mixed with blood. The intestines were pale and contained gases and faeces. All other viscera of chest and abdomen were found pale. The cause of death in this case in the opinion of Doctors was haemorrhage and shock as a result of multiple injuries which were sufficient to cause death in the ordinary course of nature. The time between the injuries and death was instantaneous and between death and post mortem examination was about 18 hours. After post mortem examination, the Doctor (PW1) handed over to the police stitched dead body, carbon copy of the post mortem report, police papers (1 to 20) duly signed by him, and the clothes of the deceased. Ex.PA is the carbon copy of the post mortem report and Ex.PA/1 is the carbon copy of the pictorial diagram showing the seats of injuries, on the person of deceased Veena Verma. The Doctor stated that the injuries noticed on the person of the deceased, as mentioned in Ex.PA, could result from the blows given by the Kulhari (Ex.P1)." Dr. Sooch (PW-1) and Dr. R.S. Garewal also conducted the post mortem examination on the dead body of Geetu Verma alias Gurmit Kaur at 3.00 p.m. on the same day vide police request (Ex.PE) being accompanied by inquest report (Ex.PE). In her case also, post mortem staining was found present on the back and rigor mortis was present all over the body. They found the following injuries on the dead body :- "1. Incised wound 5-1/2" x 1" x cranial cavity deep placed obliquely on the left temporal, parietal and occipital area with cut fracture of underneath bones and the membrane and brain tissue were also found cut. Clotted blood was present. 2. Incised wound 4" x 3/4" x bone deep on the mid line of the fronto parietal area with cut fracture of the underneath bones membrane and brain tissues were also cut. 3. Incised wound 2-1/2" x 1" scalp deep 1-1/2" right to the injury No. 2. 4. Incised wound 2" x 3/4" x bone deep on the left mastoid with cut fracture of left mastoid. 5. Incised wound 4" x 1-1/2" x bone deep with cut in the shirt on the lateral side of right elbow with cut fracture of right radius bone. 6. Incised wound 2" x 1/2" x bone deep on the medial side of right wrist, with cut fracture of underneath bones. 7. Incised wound 1" x 1/4' x bone deep horizontal mid front of left middle finger. 8. Two abrasions 3" x 1" and 2" x 1" on the back and upper part of left fore arm. 9. Two abrasions 1/2" x 1/2" on the front of left elbow. The stomach was full of fluid and food articles. Intestines contained gases and faeces. Other organs were found healthy. The cause of death in this case in their opinion was coma and shock as a result of head injury which was sufficient to cause death in the ordinary course of nature and all injuries were ante mortem in nature." Probable time between the injuries and death was instantaneous and the death and post mortem examination was about 18 hours. They handed over to police stitched dead body, carbon copy of post mortem report,police papers(numbers (1 to 18) duly signed by him and clothes of the deceased. Ex.PD is the carbon copy of post mortem report and Ex.PD/1 is the pictorial diagrams showing the seats of injuries. The Doctor mentioned in his evidence that the injuries No. 1 to 7 noted in the post mortem report (Ex.PD) could result from the blows caused with the sharp side of the Kulhari (Ex.P1), whereas, the injuries No. 8 and 9 could be possible with a blow given by the wooden portion thereof."
(3.) AFTER completing the investigation SI Gurpreet Singh laid a challan against the accused under Section 302 IPC. The trial Court accordingly framed the charge to which the accused pleaded not guilty and claimed trial. During the course of trial, the prosecution produced as many as 16 witnesses namely: Dr. U.S. Sooch (PW1), Shalu (PW2), Sunil Kumar (PW3), Constable Sucha Singh (PW4), C-II Ram Saran (PW5), HC Chamkaur Singh (PW6), Malkiat Singh (PW7), HC Gurcharan Singh (PW8), Pardeep Kumar, Finger Prints Expert (PW9), Constable Rakesh Kumar (PW10), ASI Dalip Singh (PW11), HC Bant Singh (PW12), Gurnam Singh (PW13), ASI Gurmej Singh (PW14), SI Gurpreet Singh (PW15) and Ms. Palwinder Kaur, JMIC (PW16). Some of the witnesses were given up as unnecessary. The report of the Forensic Science Laboratory (Ex.PDD) and the report of the Director, Finger Print Bureau, Phillaur (Ex.PEE) along with specimen seal impressions and photographs etc. were also tendered into evidence. The incriminating evidence and materials having been put to the accused during his examination under Section 313 Cr.P.C., were denied as incorrect by him and then he pleaded his defence as under :- "I am innocent. I have not committed any offence as alleged, as I was not present at the time of the alleged occurrence. I have litigation with deceased Veena Verma and I am demanding my claim in the house, which I own. Sunil Kumar my brother-in-law is keeping an eye on the property and he in connivance with Mehnga Singh Khair and some other persons who deposed against me and are cited as prosecution witnesses in the case have committed the crime and falsely implicated me in this case. Moreover, my finger prints were forcibly taken on the window panes of the house after arresting me and no other finger prints were traceable in the house. The weapon of offence used in this case also does not bear my finger prints. I was picked up from my house at night time in the presence of some other persons with whom I had spent the whole day and was present with them at the time when the alleged occurrence took place." ;