VERMA, J. - (1.) LEARNED Additional Sessions Judge, Raisinghnagar had found guilty Sher Singh of offence under Section 302, I. P. C. for committing twin murders, one of his wife Kartaro and the other of his son Nanak. The learned Judge has imposed upon the convict the extreme penalty of death. He has made D. B. Criminal Reference No. 3/1992 for confirmation of the death sentence. Convict Sher Singh has filed D. B. Criminal Jail Appeal No. 387/1992, whereby he challenges the correctness and legality of his conviction and the sentence passed upon him. The murder reference and the jail appeal have been heard together and are being disposed of by a common judgment.
(2.) THE prosecution story is that Sher Singh was resident of village PM I. Smt. Kartaro was his legally wedded wife and Nanak Ram was his son. Nanak Ram was married to Smt. Veero (P. W. 2 ). Sher Singh owned about 25 bighas of land at village PM I. Three years prior to the alleged occurrence, Sher Singh divided his land and gave 10 bighas of the same to Nanak Ram and retained the remaining land with him. Sher Singh and Nanak Ram started separate cultivation of the two parcels of land. THE appellant used to reside in a Dhani built on this land. On being separated, Nanak Ram built a separate Dhani on the land given to him and Nanak Ram an his wife Veero (P. W. 2) aforesaid started living separately from Sher Singh in this newly constructed Dhani. Sher Singh and his wife Kartaro did not enjoy good relations and hence Kartaro started living with her son and daughter-in-law on the new dhani built by her son. The prosecution case is that Veero (P. W. 2) originally belonged to village 7 KND, where her parents used to live with their family. Veero was pregnant during the relevant period. Hence, on 7. 6. 1991 her mother Dhanno (P. W. 5) and brothers Dayal Ram (P. W. 3) and Pilla Ram (P. W. 4) had come to visit her at village PM 1. They had an overnight stay at the place of Veero. On the morning of 8. 6. 91 at about 7 a. m. Sher Singh came to the Dhani of Nanak Ram. Sher Singh was armed with a gun and also carried an axe. Veero was preparing tea at that time while Nanak Ram, Dhanna, Dayal Ram, Pilla Ram and Kartaro were sitting nearby. Sher Singh all of a sudden fired gun shots at Nanak Ram, killing him on the spot. He, then inflicted axe blows on Kartaro who fell down and started bleeding. Veero and her mother and brothers raised an alarm but nobody came there. Sher Singh, thereafter, walked away towards his Dhani with gun and axe on his hands. The prosecution story further is that Veero along with Dayal Ram went the same day to Police Station Rawla at a distance of 15 kilometres and lodged an oral report with S. H. O. Premnath (P. W. 7) at about 11 a. m. Shri Premnath got the report Ex. D. 1 recorded and registered a case under section 302-307 I. P. C. He recorded the statement of Smt. Veero and proceeded to the scene of occurrence along with a photographer and Dr. Balwant Singh. He got the scene of occurrence photographed. He, then inspected the site and prepared site plan Ex. P. 5. He found the dead body of Nanak lying in the 'aangan' of letter's dhani. He examined the dead body and prepared memo Ex. P. 6 and Panchnama Ex. P. 7 in this regard. Smt. Kartaro was also lying nearby in an injured condition. Premnath recovered blood stained and control soil from the spot and sealed them separately vide memos Ex. P. 8 and E. P. 9. Dr. Balwant Singh conducted autopsy on the dead body of Nanak at the spot, the same day at 1. p. m. He found as many as six wounds of entry of gun pellets on the body of deceased Nanak Ram and an equal number of. wounds of exit, details whereof were noted by him in the postmortem report Ex. P. 1. He found the following injuries on Nanak's person: 1. Lacerated wound (Entrance) 3x2x2cm on Rt. iliac fossa near symphysis pubre, margin inverted no blackening, no tattooing, No singing of hairs, Runs obliquely downward through inguinal canal in it. side of scrotum. Communicate with exit wound (Lacerated) 4-1/2 + x 3-1/2 + cm on left side of scrotum, left testes crushed and protruded outside through. exit wound. Margins are lacerated and everted. Clotted blood present on both entrance and exit wound, Grievous, Firearm within 24 hrs. 2. Lacerated wound (Entrance) 3x2cm 25cm lateral side of Rt. Bauttock No blackening no tattooing, no singing of hairs, Run Transverse, oblique downward in muscular part, Margins are inverted, and Communicates with lacerated wound (Exit) 4x2 cm on ant. of Rt. Thigh upper l/3rd part. Clotted blood present on both Entrance and Exit Wounds Grievous firearm, within 24 hrs. 3. Lacerated wound (Entrance) 3x2cmx27cm on lateral side of Rt. Bauttock, No Blackening, no tattooing, no singing of hairs, margin inverted. Runs obliquely downward and communicates with lacerated wound (Exit) 4x3 cm on Medial side of Rt. Thigh upper 1/3. margin are everted, Grievous firearm, duration within 24 Hrs. 4. Lacerated wound (Entrance) 3x2x23cm on lateral side of Rt. Thigh, margin inverted, No blackening. No singing of Hairs, No tattooing. Rum Transversely and reflected posteriorly after causing fracture II of femur, communicates with lacerated wound (Exit) 4x3cm on post side of Rt. Thigh mid 1/3. margin everted, Grievous, firearm duration within 24 hrs. Clotted Blood present on both Entrance and Exit wounds 5. Lacerated wound (Entrance) 3x2cmx24cm on perineum, margins inverted. No. blackening, no singing of hair, No tattooing, Runs obliquely downward, Transversely post communicates with lacerated wound (Exit) 4x3cm on post of left Thigh slight laterally upper 1/3, margins Clotted blood on Both wounds, Grievous, firearm duration within 24 Hrs. 6. Lacerated wound (Entrance) 3x2cmx21cm on post of left Thigh upper 1/3, margin inverted, No blackening, No tattooing, No singing of hairs, Runs obliquely, medially, upwards then communicates with lacerated wound (Exit) 4x3cm on Ant. f 1t. Thigh upper 1/3. Margin everted, clotted Blood on Both wounds Present, Grievous, Fire arm, Duration within 24 Hrs. 7. Lacerated wound 4x2- + x2cm on left side of parietal area of scalp. Underlying Bone is intact. Simple-Blunt, duration within 24 Hrs. " According to Dr. Balwant Singh, Nanak Ram had died due to haemorrhage and shock caused by gun shot injuries, all of which were ante-mortem in nature and were sufficient to cause death in the ordinary course of nature. After the post-mortem was over, Premnath recovered the blood soaked wearing apparel of Nanak Ram and one 'kada' and sealed them separately vide Ex. P. 10 and Ex. P. 11 respectively. He got Smt. Kartaro removed to P. H. C. , Rawla for treatment. Dr. Balwant Singh examined Smt. Kartaro on 8. 6. 91 and found as many as nine injuries on her person. She was unconscious. Out of 9 injuries, one injury on the head was grievous and was caused by sharp object. All other injuries were simple, caused by sharp object. An injury report Ex. P. 2 was prepared in this regard. Kartaro died in the hospital on 10. 6. 91 at 3. 30 p. m. Dr. Balwant Singh sent intimation of this death (Ex. P. 3) to S. H. O. Rawla the same day. Upon receiving intimation Ex. P. 3, Premnath proceeded to the hospital and examined the dead body of Smt. Kartaro and prepared memo Ex. P. 21. He also prepared inquest report Ex. P. 12.
(3.) THE same day i. e. on 10. 6. 91, at the request of police, Dr. Balwant Singh made post-mortem examination of Smt. Kartaro. According to Dr. Balwant Singh Smt. Kartaro died due to subdural haemorrhage due to ante mortem multiple injuries on her scalp. Dr. Singh prepared post-mortem report Ex. P. 4 in this regard. He found following injuries on her person: - 1. Incised wound 9x3cmxbone deep, on left side of forehead Extending to left parietal area of scalp with linear fracture of parietal bone (1t), Grievous-sharp, Duration within 3 days longitudinal. 2. Incised wound 10x3x2cm on Mind of scalp longitudinally simple- sharp, Duration within 3 days. 3. Incised wound 8x3x2cm on Rt. Occipital area of scalp, simple shart, within 3 days. 4. Incised wound 4x3x2cm on left occipital area of scalp simple sharp, within 3 days longitudinally. 5. Incised wound 2-x9x3x2 cm on left Hand palmer surface simple- sharp, within 3 days transverse. 6. 2-1/2 x2 x 1 cm on Rt. Forearm mid 1/3 lat. simple, sharp, within 3 days, Transverse. 7. Incised wound 7x3x- Rt. Clavicular area, vertical simple, Sharp within 3 days. 8. Lacerated wound 4x3x1/2 Rt. Ear, simple blunt within 3 days, longitudinal 9 Incised wound 5x3x2 cm on left Inguinal area oblique within 3 days. " According to Dr. Balwant Singh, injury No. 1 on the head was sufficient to cause death in the ordinary course of nature. After the post-mortem examination was over, Shri Premnath took in his possession the wearing apparel of Smt. Kartaro and duly sealed them vide memo Ex. P. 13. He also recovered one silver bangle of Smt. Kartaro from her person and duly sealed the same vide Ex. P. 14. During the course of investigation, Premnath recorded statements of various witnesses. ;