He gradually companysumed the half liquor bottle.
The accused carried out this exercise by keeping the entire family in deceit.
The prime witnesses examined by the prosecution are as under PW 5 Complainant JASMEEN KAUR PW 7 SI SHAMSHER SINGH PW 8 EX SARPANCH JANG BAHADUR of village Mukandpur PW 11 ASI KAUR SINGH PW 14 REGULATION BELDAR, RAJINDER SINGH Punjab Irrigation Department Through the aforesaid witnesses, the prosecution also brought on record the incriminating material against the accused.
Two children, the elder son namely Jaskirat Singh, aged about seven years and a daughter namely Prabhsimran Kaur aged about six years were born from the said marriage.
4.2 On presentation of the police report, the companyies of the documents, as required under Section 207 CrPC, were furnished to the accused.
Then, on 26.06.2012 at about 11.30 a.m. the accused came back in his car to village Mukandpur and informed the companyplainant that Gurinder Singh, Paramjit Kaur and Rupinder Singh had been left with Baba ji.
Hence, the present appeals before this Court.
Recovery memo was prepared.
He pleaded innocence and the false implication in the case.
That her brother Gurinder Singh under the influence of liquor threw the entire family in the canal and later on Gurinder Singh companymit suicide.
They came to the bank of the canal and when they were to offer Dhala in the running water, the accused pushed both of them in the canal and, on this, both of them fell in the canal.
Thereafter, the accused took some rounds and got the companyplainant, her children and Gurmail Singh towards the canal ahead of Bassi Pathana, where he turned his car to towards the bridge of the canal on its bank an informed the companyplainant that they were to first offer Dhala.
The accused pleaded number guilty and claimed trial and therefore he came to be tried by the learned Sessions Court for the aforesaid offences.
The companyplainant requested that action be taken against the accused and they be imparted justice.
That her entire family was under tension.
At some companysiderable distance, she was able to catch an iron bar, which had been fixed in the canal and from there, she came out of the canal and by companying along the canal she disclosed the entire occurrence to the official of the canal department who were present there.
He was dissuaded by the family from doing so and was also made to understand in this regard.
The accused further informed that he also knew one travel agent, who companyld send Rupinder Singh, husband of the companyplainant, abroad.
2.1 On this, in the evening of 25.06.2012 at about 06.00 p.m., the accused came to village Mukandpur to the house of the companyplainant in his car and informed the family of the companyplainant that Dhala was to be offered on the night at about 02.30 a.m. and, for this purpose, the accused made Paramjit Kaur mother, Gurinder Singh Babbu brother and Rupinder Singh husband of companyplainant respectively to accompany him.
The autopsy on the dead bodies of the victims was done by the companycerned doctors.
On this, Gurmail Singh got into a fix, as he in fact never used to drink liquor, but he under companypulsion agreed to companysume liquor.
In the evening, the companyplainant should accompany him to the Baba for offering Dhala.
The place of occurrence was near the bridge of Bhakra canal of village Thablan.
The companyplainant got her statement recorded.
Since the atmosphere in the family of the in laws of the companyplainant was number good, companyplainant Jasmeen Kaur along with her husband and children had been living at her natal place at village Mukandpur for the last about six years prior to the occurrence.
P9 thereon, to the effect that 27.06.2012 he had received a telephonic message in the police station that some persons had been thrown in the canal.
A supplementary statement of the companyplainant was recorded wherein she disclosed the theft of her ornaments and money.
They, along with the companyplainant, also searched for her father and children, but she companyld number get to know anything about them.
The accused also preferred an appeal before the High Court challenging the judgment and order passed by the learned Sessions Court companyvicting him for the aforesaid offences.
2.3 The companyplainant had a firm belief that the accused by cheating their entire family on a false pretext had thrown her husband Rupinder Singh, her brother Gurinder Singh, mother Paramjit Kaur, son Jaskirat Singh and daughter Prabhsimran Kaur had been illegally detained somewhere or they had been thrown in the canal.
Gurinder Singh Babbu, brother of Jasmeen Kaur used to companysume liquor in excess.
D 385 DB of 2013, by which the High Court has affirmed the death penalty imposed by the learned Sessions Court, by affirming the judgment and order passed by the learned Sessions Court, Signature Not Verified Digitally signed by ASHWANI KUMAR Date 2019.03.05 175153 IST Reason Fatehgarh Sahib dated 15.03.2013, companysequently companyvicting the appellant accused for the offence punishable under Section 302 IPC, the original accused has preferred the present appeals.
On being interrogated, he made some disclosers to the police, including that he had stolen Rs.36,70,000/ from the house of Gurmail Singh and he had companycealed the money in his house in a bag which was lying in the almirah of his house.
The accused further informed that he had also got in touch with Baba holy man to enable Gurinder Singh to give up his habit of drinking and, for that purpose, the companyplainants family would have to offer Dhala offering certain pulses, rice etc.
9.4 The prosecution has proved the case against the accused by leading companyent evidence and examining PW 5, the eye witness PW 14, an employee of the canal department, who is an independent witness to whom PW 5 narrated the entire occurrence which was first in time PW 8 the ex Sarpanch PW 9 Manjit Singh before whom extra judicial companyfession was made and also by examining several police witnesses, including PW 7, the investigating officer Sharsher Singh.
P10 for the offences under Sections 302, 307 and 201 of the IPC was registered against the accused.
He also further stated that Gurinder Singh Babbu, brother of the companyplainant Jasmeen Kaur was addicted to alcohol and therefore Jasmeen Kaur was staying with her parents.
That the learned Sessions Judge, Fatehgarh Sahib framed the charge against the accused for the companymission of the offences punishable under Sections 264, 302, 201 and 380 of the IPC.
6.1 By the impugned judgment and order, the High Court has, on re appreciation of the entire evidence on record and by a well reasoned judgment, has companyfirmed the companyviction and sentence passed by the learned Sessions Court, including the death sentence.
It was stated that Jasmeen Kaur made a false companyplaint to the police to save herself.
Thereafter, Manjit Kaur, wife of the accused Khushwinder Singh, R o village Suhavi, Police Station Khamanon, who is the daughter of maternal uncle of the companyplainant, came to see her along with the accused.
On this, at about 09.30 p.m., companyplainant Jasmeen Kaur and her father Gurmail Singh got down from the car and the children kept sitting in the car.
4.1 After companypletion of the investigation, the Station House Officer of the Police Station, Bassi Pathana filed the police report under Section 173 CrPC before the learned Magistrate to the effect that the Appellant accused has companymitted offences punishable under Sections 302, 201 and 307 of the IPC.
He denied the allegations of the prosecution.
Jasmeen Kaur, however, fell on one side of the canal near the edge and she, therefore, started to save herself.
The accused made a reference to the High Court which was numbered as Murder Reference No.
They further informed it to the parental family of the companyplainant at village Mukandpur.
The case of the prosecution as per the statement of PW 5 Jasmeen Kaur original Complainant was that she was married with Rupinder Singh S o Jeet Singh of village Bhojewal in the year 2005.
His disclosure statement was recorded, that was signed by him and witnessed by ASI Harjit Singh and HC Balbir Singh.
Thereupon, the family of the companyplainant pledged their gold ornaments with the goldsmith and borrowed Rs.2,00,000/ which, along with the passport of Rupinder Singh, were handed over to the accused.
Her statement was recorded by the learned Chief Judicial Magistrate, Fatehgarh Sahib.
9.3 The accused was last seen together with the deceased Gurinder Singh, Paramjit Kaur and Rupinder Singh on 25/26.06.2012 at about 2.30 a.m. That, thereafter, the aforesaid three persons were number seen alive by anyone.
He also informed that the remaining amount of Rs.14,00,000/ was to be paid on getting visa.
About three months prior to the incident, the accused came to the house of the companyplainant and informed that he had made arrangements with an agent for sending Rupinder Singh to Canada.
His disclosure statement was recorded, signed by the accused and witnessed by ASI Kaur Singh.
P5 ibid of Jasmeen Kaur companyplainant was recorded by Shamsher Singh, SI PW 7 who read over and explained the companytents thereof to her and the companyplainant after admitting the genuineness and companyrectness thereof, signed the same.
Endorsement Ex.
After closure of the prosecution evidence, the statement of the appellant accused was recorded under Section 313 CrPC and the substance of the evidence appearing against him was put to him.
Learned Sessions Court also passed an order that all the sentences to run companysequently.
2.2 On 26.06.2012 at about 6.30 p.m., the companyplainant Jasmeen Kaur, along with her father Gurmail Singh, son Jaskirat Singh and daughter Prabhsimran Kaur accompanied the accused in his Maruti car bearing number PB 10AM 9371.
She signed her statement in Punjabi, which was affirmed by Jang Bahadur Singh and was attested by SI Shamsher Singh, SHO, Police Station Basi Pathana.
2.4 The said statement Ex.
That, one by one, the dead bodies of the victims were found.
P9 was companypleted on 27.06.2012 at 11.30 a.m. The statement was sent to police station Bassi Pathana through Constable Sikander Singh.
5.1 The appellant accused was called upon to enter in defence, but he closed the same without examining any defence witness.
The companyplainant had given her statement in the present of her brother Jang Bahadur Singh.
It was attested by Shamsher Singh S.I. The accused then accompanied the police to his house and led them to the almirah from where Rs.36,70,000/ companytained in a bag were recovered.
That, during interrogation, the appellant made a statement that on 26.06.2012 in the morning, he administered sleeping pills Anzilum 05 along with mishri Sugar to Rupinder Singh, Gurinder Singh and Paramjit Kaur before offering Dhala and empty strips lying in the envelope were kept companycealed underneath the driver seat of a Maruti car and he companyld get those recovered.
That, thereafter the Investigating officer recovered those strips from the car parked in the police station.
PW 14 is an independent witness to whom the occurrence was narrated by PW 5.
Thereafter, the investigating team visited the place of incident where the victims were thrown in the canal.
The case was companymitted by the learned Magistrate to the learned Sessions Court vide order dated 29.09.2012 as the offences were exclusively triable by the Court of Session.
Thereafter, the accused along starting visiting the house of the companyplainant.
That, on 01.08.2012, the companyplainant Jasmeen Kaur came at the police station and asked for recording her statement under Section 164 CrPC She was taken to the companyrt of Chief Judicial Magistrate, Fatehgarh Sahib, where the Investigating Officer moved an application for recording the statement of the companyplainant Jasmeen Kaur under Section 164 CrPC.
4.3 To prove the case against the accused, the prosecution led oral as well as the documentary evidence.
in running water .
He demanded Rs.2,00,000/ and the passport of Rupinder Singh.
The accused further informed the companyplainants family that the job would be done within two months.
She had heard her statement and it was companyrect.
Thereupon, he accompanied by other police officials visited the Bhakra main line near the bridge at village Thablan, where several persons had gathered along the canal bank.
The accused, therefore, had finished her entire family as he wanted to misappropriate the amount of Rs.37,00,000/ .
That, thereafter the Investigating Officer companymenced the investigation and recorded the statements of the companycerned witnesses and also companylected the incriminating material.
Thereafter, on the way, the accused purchased a half liquor bottle and gave to Gurmail Singh, father of the companyplainant, for drinking.
The Investigating Officer set out for search of the accused and recorded the statement of one Manjit Singh, resident of Village Nogawan, who was the Ex Sarpanch and informed the Investigating Officer that the accused came to him on the morning of 27.06.2012 and told him that he had thrown his relations Gurinder Singh, Rupinder Singh, Paramjit Kaur, Gurmail Singh, Prabhsimran Kaur, Jasmeen Kaur and Jaskirat Singh in the Bakhra Canal.
The companyplainant further alleged that, along with her, her father Gurmail Singh was also thrown in the canal by the accused and the accused had killed him so that his dead body may be untraceable.
The latter informed the family of the companyplainant that he knew one Baba holy man who lives in their area, who can make person get rid of their habit of drinking permanently.
The companyplainant further informed in her statement that they had sold their land for Rs.37,00,000/ and that money was lying at their home and the accused only knew about it.
3 of 2013.
Later, Shamsher Singh, SI put his endorsement Ex.
During the companyrse of the investigation and on the basis of the statement made by the accused during interrogation, the Chappals and shoes of the victims were found recovered.
That, thereafter the Investigating Officer arrested the accused.
Gurinder Singh, father of the companyplainant, also accompanied them as he was to pay obeisance at Gurudwara Rara Sahib.
The Investigating Officer companylected the medical evidence.
On the way, the accused informed that he had received a phone call from Baba ji that Gurinder Singh would permanently get rid of his drinking habit, but in turn Gurmail Singh, father of the companyplainant, would have to take a drink.
3 of 2013 with Criminal Appeal No.
R. Shah, J. Being aggrieved and dissatisfied by the impugned judgment and order dated 20.09.2013 passed by the High Court of Punjab and Haryana at Chandigarh in Murder Reference No.
