H.S.BHALLA,J - (1.)MURDER Reference No. 11 of 2005 was sent to this Court under Section 366 of the Code of Criminal Procedure for confirming of death sentence awarded to appellant Gurcharan Singh @ Happy by the learned Sessions Judge, Faridkot.
(2.)APPELLANT Gurcharan Singh @ Happy has also filed Criminal Appeal No. 794-DB of 2005. We shall be deciding both Murder Reference No. 11 of 2005 and Criminal Appeal No. 794-DB of 2005 together by a common judgment as they arise out of the same impugned judgment/order dated 18/19.10.2005 passed by the learned Sessions Judge, Faridkot.
The learned Sessions Judge, Faridkot, vide his judgment/order dated 18/19.10.2005 had convicted appellant Gurcharan Singh @ Happy under Section 302 of the Indian Penal Code and sentenced him to death subject to confirmation by the Hon'ble High Court as per provisions laid down in Section 366 of the Code of Criminal Procedure.

(3.)THE case of the prosecution is unfolded by complainant Parminder Singh son of Bachan Singh, who got his statement Ex. P-9 recorded before Mukhitiar Singh, Sub-Inspector/Station House Officer in the Police Station Sadar Faridkot stating therein that he is the resident of village Badhni Jai Mal Singh Wali and is an ex-Sarpanch and does the work of cultivation. He has two sons and one daughter, namely, Satnam Kaur. Gurcharan Singh @ Happy son of Swaranjit Singh got married to Satnam Kaur about 2-2-1/2 years ago and out of their wed lock, a female child, namely, Ramandeep, aged 05 months was born. On 9.1.2002 at about 5.00 p.m., he along with his son Sukhjit Singh had come to village Chugewala in order to give some festive articles on the 'Lohri' festival. His son-in-law Gurcharan Singh @ Happy and his parents were not present at their house. His daughter disclosed him that they had gone to Ferozepore since morning.