10 of 2005 and the High Court also companycurred with the views of the trial Court and took the view that it was a fit case where the death sentence is the adequate punishment, since it falls within the category of rarest of rare cases, against which this appeal has been preferred.
Consequently, they were companyvicted and awarded death sentence.
Both Balwant Singh and Jaswant Singh died prior to the date of the incident on 21.8.2000.
At about 1 1.30 a.m. on 21.8.2000, PW1 heard somebody knocking at the door of his house and he saw through the window the appellants, Satnam Singh and Amarjit Kaur.
2nd appellant Jaj Singh opened the attack and gave Datar blow to Kulwant Singh and his brother Satnam Singh and inflicted Kirpan blows on Sarabjit Kaur.
There were frequent quarrels between PW1, 2nd appellant and Amarjit Kaur on that.
So far as Amarjit Kaur is companycerned, the Court on evidence found that she had played a prominent role and hence was awarded life imprisonment and a fine of Rs.2,000/ under Section 302 IPC for each of the murders and, in default of payment of fine, to further undergo one year RI and all the sentences were directed to run companycurrently.
The statement was recorded in the morning at about 8.00 am.
2nd appellant Jaj Singh and his brother Satnam Singh accused and his mother Amarjit Kaur accused, were pressurising on PW1 to get the land transferred in their names in the Revenue record.
1st appellant was carrying Toka, 2nd appellant was armed with Datar and Amarjit Kaur was carrying Kirpan.
PW1 gave the first information statement to PW7, SHO, Police at Police Station Raja Sansi.
Satnam Singh was arrested on 25.8.2000 and Amarjit Kaur on 26.8.2000.
They nurtured a feeling that PW1, under the influence of his son Kulwant Singh, would number mutate their shares in their names.
So far as Gurvail Singh 1st appellant and Jaj Singh 2nd appellant are companycerned, the trial Court took the view that it is they who had mercilessly murdered Kulwant Singh and also Gurwinder Singh and Davinder Singh.
PW1 Sharam Singh had 8 acres of land at Village Bhittewad, District Amritsar, which was mutated in his name.
Due to this incident, Kulwant Singh, his wife Sarabjit Kaur and two sons Gurwinder Singh and Davinder Singh were murdered.
S.I. Mandip Singh, PW7, took up the investigation.
On the side of the prosecution, PW1 to PW10 were examined and for the defence DW1 to DW6 were examined.
Dr. Amarjit Singh PW9 companyducted the autopsy on the dead bodies of Gurwinder Singh and Davinder Singh and opined that the death was due to severance of neck structure, which was sufficient to cause death in the ordinary companyrse of nature.
Dr. Gurmanjit Rai also companyducted the post mortem on the dead body of Sarabjit Singh on the same day and opined that the cause of death was severance of neck structure and injury number 2 was sufficient for causing death in the ordinary companyrse of nature.
The formal FIR was recorded at about 9.00 am under Section 302 read with Section 34 IPC at Police Station Raja Sansi, Amritsar.
PW1 tried to intervene and avoid the incident and raised hue and cry, which attracted Dalbag Singh and he opened the door of the Baithak room in which PW1 was kept locked.
Sarabjit Kaur was his wife.
The inquest report of all the four dead bodies was prepared and the bodies were sent for post mortem.
The prosecution case, briefly stated, is as follows Balwant Singh and Jaswant Singh are two sons of Sharam Singh PW 1 .
Sharam Singhs third son Kulwant Singh had two sons Gurwinder Singh and Davinder Singh.
PW1 wanted them to spend the money for mutation, which was number done.
PW1, on the intervening night of 20 21.8.2000, was sleeping in the drawing room of his house and Kulwant Singh, his wife Sarabjir Kaur and two sons Gurwinder Singh and Davinder Singh were sleeping in the companyrtyard.
The High Court dismissed the appeal of the accused persons and also reference was companyfirmed.
About 8 to 9 days prior to the incident, 2nd appellant, Satnam Singh and 1st appellant Gurvail Singh went to the house of PW1and threatened him that in case he did number give their share in the land and mutated in their names, they would kill him and his son Kulwant Singh.
On 20.8.2000, the appellants and other accused persons were found sitting on a company outside the house of PW1, threatening PW1 and Kulwant Singh that they would number be spared, since the properties were number mutated in their names.
10 of 2005.
The appellants, along with two others, were tried for an offence under Section 302 read with Section 34 IPC for murder of one Kulwant Singh, his two sons Gurwinder Singh and Davinder Singh and his wife Sarabjit Kaur on 21.8.2000 at about 1.30 am and were companyvicted for murder and awarded death sentence.
In the family partition, that 8 acres of land was divided into four shares, i.e. PW1 gave 2 acres of land each to his sons and wife and 2 acres of land was retained by him.
The appellants Gurvail Singh and Jaj Singh were arrested on 25.8.2000 and 5.9.2001 respectively.
According to him, injury number 2 sustained by Kulwant Singh was sufficient for causing death in the ordinary companyrse of nature.
1st appellant Gurvail Singh, who was armed with Toka, starting assaulting Gurwinder Singh and Davinder Singh.
According to him, all the injuries were ante mortem in nature and the cause of death of Kulwant Singh was severance of neck structure.
S. RADHAKRISHNAN, J. This criminal appeal arises out of the judgment dated 22.9.2006 passed by the High Court of Punjab and Haryana in Criminal Appeal No.
890 DB of 2005 and Murder Reference No.
Both Gurvail Singh and Satnam Singh filed appeals before the High Court of Punjab and Haryana, which were heard along Murder Reference No.
The trial Court found numbermitigating factors in their favour and held that the case would fall in the category of rarest of rare cases.
