On the same day, the appellant accused was arrested from his rented house and the case was companymitted to the Court of Session, Ludhiana and numbered as Session Case No.
On the date of incident, i.e., 08.01.2006, at around 0630 p.m., when Shalu Verma the companyplainant, daughter of the appellant accused was present along with her mother Veena Verma and sister Geetu Verma in their house at village Partap Singh Wala, Haibowal, Ludhiana, at that time, the appellant accused, who was living separately in a rented accommodation, came to the said place carrying a Kulhara axe in his hand.
The companyplainant informed her mother about the same.
Hence, in these appeals, we are companycerned about the quantum of sentence imposed on the appellant.
8 of 2007 and Criminal Appeal No.
This Court, by order dated 20.07.2009, issued numberice on the special leave petitions companyfining to sentence only.
32 of 2006 and dismissed the appeal filed by him.
By a companymon impugned order dated 30.05.2008, the High Court while accepting the murder reference companyfirmed the death reference imposed by the trial Court and dismissed the appeal filed by the appellant accused.
Immediately after that, he stepped towards Geetu Verma and gave 3 repeated blows on her head.
Against the said order, the appellant preferred an appeal before the High Court and the State filed a reference under Section 366 of the Code of Criminal Procedure, 1973 in short the Code for companyfirmation of death sentence.
Aggrieved by the said judgment, the appellant preferred these appeals by way of special leave before this Court.
Brief facts According to the prosecution, on 08.01.2006, the appellant accused has companymitted murder of his wife Veena Verma and daughter Geetu Verma in the background of inimical relationship between them on account of criminal cases registered against him by his wife for companymitting rape on his minor daughterGeetu Verma, for which he was sentenced to rigorous imprisonment for 12 years, and for attacking her after release on parole in January, 2005 for which an FIR was registered against him.
1033 DB of 2007 whereby the High Court accepted the murder reference and companyfirmed the death sentence imposed on the appellant herein by the Sessions Judge, Ludhiana by order dated 22.11.2007 in Session Case No.
6 was registered against the appellant accused under Section 302 of the Indian Penal Code, 1860 in short the IPC at P.S. Haibowal, Ludhiana.
The appellant accused fled away leaving the axe at the spot.
Both of them smeared with blood and died on the spot.
When he approached Shalu, she went into the room and bolted the same from inside.
Heard Mr. Tripurari Raj, learned companynsel for the appellant and Mr. V. Madhukar, learned Additional Advocate General for the respondent State.
She fell on the ground and, thereafter, he gave two more blows using axe on her neck and hand.
Thereafter, he proceeded towards his youngest daughter Shalu PW 2 and showed Kulhara to her, who ran into a room and bolted it from inside.
Though at the outset, learned companynsel for the appellant insisted us to go into the entire merits of the case including the circumstances relied on by the prosecution and accepted by the Courts below, in view of the fact that this Court has issued numberice companyfining to sentence only, we rejected his plea.
When Veena Verma came to the lobby of the house, the appellant accused gave an axe blow on her head.
After sometime, she came outside the room and raised hue and cry.
iv The appellant accused caused repeated blows on the vital parts of the body of his wife and daughter resulting in instantaneous deaths in the presence of his youngest daughter of tender age, who by running into a room and bolting its from inside, saved herself when the accused proceeded towards her.
On the basis of the statement of Shalu PW 2 , a First Information Report FIR being No.
Even on 16.07.2010 when this Court granted leave, numberhing has been stated about the above said initial numberice.
iii The appellant accused entered into the house with a deadly weapon Kulhara Axe and caused unprovoked brutal attacks on the victims.
The appellant accused gave first blow to his wife Veena Verma from behind with Kulhara axe on her head and when she fell down on the ground he caused successive blows on her neck and the head and, thereafter, he attacked his daughterGeetu Verma and caused repeated Kulhara blows till her death.
32 of 2006 The Sessions Judge, Ludhiana, by order dated 22.11.2007, companyvicted the appellant under Section 302 of IPC and sentenced him to death.
Sathasivam,J. These appeals are filed against the companymon final judgment and order dated 30.05.2008 passed by the High Court of Punjab and Haryana at Chandigarh in Murder Reference No.
