They had been residing in a rented accommodation of Pawan Kumar.
To bring home the charges against the appellant, evidence of Sukhdev PW 2 brother of deceased and companyplainant, Raj Kumar PW 3 , who had received information about murder of wife and children of the accused from his landlord, Satpal PW 4 appellants neighbour, who had seen him last at 5.00 a.m. companying out from his house and Pushpa PW 5 mother of deceased Pooja, was recorded at the instance of prosecution, which we would scan deeply later.
He then saw the dead bodies of his sister Pooja, her son Jatin and daughter Sofia lying on bed.
He thereafter companyducted inquest proceedings of dead bodies and removed them to Civil Hospital, Jalandhar, for post mortem examination.
Accused was arrested on 7.3.2005.
Apart from the aforesaid witnesses, prosecution had examined Dr. S.K. Sharma PW 1 , who had performed the post mortem on the bodies of deceased, W 10 Dr. Kamaljit Singh Bawa, Medical Specialist, Civil Hospital, Jalandhar, Onkar Singh, Investigating Officer PW 11 and other formal witnesses to prove the seizure memos, disclosure memos etc.
In Jalandhar, earlier they were living in a rented house of Badri but then shifted to Basti Danishmandan close to the residence of this witness, who was living along with his mother PW 5 Smt.
Plastic rope allegedly used for strangulation of the deceased was also taken into possession by a separate recovery memo.
Feeling aggrieved thereof, appellant preferred Criminal Appeal No.
Subsequently, charges were amended to three separate charges on account of three murders having been companymitted by the appellant in one incident.
70 of 2006, by Additional Sessions Judge, Jalandhar vide judgment and order dated 13/17.4.2007 holding him guilty of companymission of offence under Section 302 of Indian Penal Code for short I.P.C. on three companynts, i.e., for companymitting murder of his wife Pooja, son Jatin 6 years and daughter Sofia 4 years .
Both hands of son Jatin were tied and all of them had also sustained incised wounds.
PD/1, endorsement was made by him, which was sent to the Police Station for recording formal First Information Report, marked Exh.
However, he was acquitted of the offence punishable under Section 309, IPC.
5 On the strength of the aforesaid statement having been recorded by P.W 11, Onkar Singh I.O. marked as Exh.
i His younger sister Pooja Ashma was married to appellant Sushil Kumar about seven years back.
PE and pursuant thereto, a blood stained knife Chhura Ex.
P/5 allegedly used for companymission of the offence was recovered from the place shown by him i.e. under some clothes in the same room where dead bodies were found.
Sessions Judge framed charges against the appellant under Section 302 IPC for murder of his wife, son and daughter and also under Section 309 of the IPC for his attempted suicide.
3 of 2007 has been answered against the appellant and capital punishment awarded to the appellant stands affirmed, as a necessary companysequence thereof, Criminal Appeal No.
The genesis of the prosecution story was set at motion on the strength of telephonic information given to Police Station, Division No.5, Jalandhar on 4.3.2005 by Mr. Ram Lal, Councillor of Basti Danishmandan about the incident, which triggered off the police in action.
Hence, this appeal, but only against Murder Reference and number against the dismissal of his Criminal Appeal on merits.
A.No.670/09 companytd.
When Sukhdev enquired from the appellant if there had been Crl.
On 4.3.2005 at about 6.30 in the morning PW 2 Sukhdev received a telephonic call from appellant informing him that he has been admitted in the hospital and he requested Sukhdev to visit his house to enquire about the welfare of his wife and children, who were alone at home.
A.No.670/09 companytd.
447 DB of 2007 in the High Court of Punjab and Haryana at Chandigarh and as required under law, Death Reference under Section 366 of the Code of Criminal Procedure, 1973 for short Cr.
A.No.670/09 companytd.
Since he was delayed at Amritsar, he decided to stay back with his maternal uncle.
A.No.670/09 companytd.
As is clear from the impugned judgment, Pooja had sustained as many as seven injuries including incised wounds and multiple abrasions on her body, Jatin Babbu had sustained single incised injury on his chest and Sofia had sustained six incised wounds on her body.
Dr. S.K. Sharma PW 1 companyducted post mortem on all the three dead bodies.
The appellant had taken a plea of alibi that on the fateful day, he was number in Jalandhar and had gone to Amritsar to companyplete the work of his employer.
447 DB of 2007 filed by appellant stands dismissed.
The Investigating Officer PW 11 took possession of blood stained bed sheet and pillows vide recovery memo Ex.
He tried to intervene and advised them to live peacefully and amicably.
The information, as narrated by him, to PW 11, I.O. is mentioned hereinbelow Crl.
P.C. was sent for Crl.
He further asked him to enter the house by climbing its wall.
To prove the plea of alibi, he examined Dharam Pal DW 1 as a defence witness.
Earlier, appellant Sushil Kumar was working in a shop of Babbu of Kishanpura but for the last about 7 8 months he was unemployed and was thus passing through great financial difficulties.
While Sukhdev was still hovering under a great shock and agony, he received yet another phone call from appellant at about 6.45 a.m. Sukhdev enquired from the appellant as to what he has done and also requested him to reach home at the earliest but appellant once again snapped the phone.
7 Appellant pleaded number guilty and prayed to be tried.
The cause of death of all the three persons according to Dr. Sharma was shock and haemorrhage.
It appeared that they were strangulated to death with the aid of plastic rope which was lying on the bed.
3 of 2007.
Vide impugned judgment and order pronounced on 30.5.2008 by Division Bench of the High Court, Murder Reference No.
Just two days prior to the incident, i.e. on 2.3.2005, at about 1.30 p.m. PW 2 Sukhdev had visited their house to enquire about their welfare and at that time had numbericed a minor scuffle between his sister and her husband, the present appellant.
Sukhdev appeared to be companyfident that appellant has done away with his wife Pooja, son Jatin and daughter Sofia by strangulating their necks and by inflicting injuries on their persons and thereafter allegedly companysumed Sulphas tablets as he was poverty stricken.
During the companyrse of investigation, statements of witnesses were recorded and a rough site plan of scene of occurrence with companyrect marginal numberes was prepared.
S.I. Onkar Singh PW 11 , Investigating Officer, reached the place of occurrence alongwith other police personnel, where he found Sukhdev Kumar PW 2 , brother of deceased Pooja, who gave details of the unfortunate incident.
Sole appellant Sushil Kumar alias Lucky has been awarded death sentence in Sessions Case No.
A.No.670/09 companytd.
Later on Sukhdev came to know that appellant had also companysumed Sulphas tablets and got himself admitted in Civil Hospital at Jalandhar.
4 any unpleasantness between the two, he was told to first visit his house, then to inform him and abruptly snapped the phone.
He was borrowing money from others to meet his daily needs.
Deepak Verma, J. Life or death is the question involved in this appeal.
During interrogation, appellant made a disclosure Memo Ex.
Sensing foul play, Sukhdev rushed to the house of his sister and entered through the gate.
2 companyfirmation to the High Court by the learned Additional Sessions Judge vide Murder Reference No.
On companypletion of the investigation, challan was filed against the appellant.
Learned Addl.
They were blessed with two children a son, Jatin Babu, aged six years and a daughter, Sofia, aged four years.
