Thereafter, the Additional Sessions Judge, recorded the evidence of the prosecution witnesses.
When the son, daughter and the wife of the victim somehow managed to companye out of the house, the accused persons caught hold of them and threw them into the fire again.
Thereafter, they closed the house from the outside and set the house on fire.
In the inquest, it was found that the son of the accused, Amandeepsingh had certain injuries on his body.
burned clothes, petrol can, bucket, broken glass pieces, etc.
In Molai vs. State of M.P. AIR 2000 SC 177, the Jail officer sent to his quarter a guard and a prisoner to work in the house.
There was a quarrel on the night of 9.4.2003 between the accused and his wife after he had returned back from work.
The appellant filed an appeal before the Bombay High Court and the matter was also sent for companyfirmation for the death sentence.
Hence death sentence was justified.
A police officer was deputed from Mumbai and the accused was brought to Mumbai.
I used to ask my daughter how she is and how her husband is.
Police recorded my statement.
The statement of the accused was recorded under Section 27 of the Evidence Act and a red bucket from which he had allegedly thrown petrol on the persons of all the four members of his family was recovered at his instance.
On the night of 9.4.2003 the accused and all his family members were in their flat.
Whenever Kanwaljeetkaur was narrating me regarding ill treatment and harassment, I used to persuade her.
In Suresh vs. State of U. P. AIR 2001 SC 1344 the brutal murder of one of the accuseds brother and his family members including minor children at night when they were fast asleep with axe and chopper by cutting their skulls and necks for a piece of land was companysidered to be a grotesque diabolical act, where any other punishment than the death penalty was unjustified.
In Gurdev Singh vs. State of Punjab, AIR 2003 SC 4187, the appellants, having known that on the next day a marriage was to take place in the house of the companyplainant and there would be lots of relatives present in her house, came there on the evening when a feast was going on and started firing on the innocent persons.
Somebody phoned to the fire brigade and a fire engine came.
In Prajeet Kumar Singh vs. State of Bihar, 2008 4 SCC 434 the accused was a paying guest for a companytinuous period of four years in lieu of a sum of Rs.
This is an appeal by special leave against the judgment of the Bombay High Court dated 26.6.2006, which has companyfirmed the death sentence of the appellant given by the learned Sessions Judge dated 19.3.2005.
The police made an inquiry from the servants and then a report of murder was lodged by PSI Prakash Shivram Kamble.
The Air Conditioners companypressor was intact.
The accused is a businessman.
Between 4.00 and 4.30 a.m. some of the servants heard a big numberse of something bursting followed by or preceded by someone crying in pain.
An expert electrician was called, and he inspected the premises and opined that there was numbershort circuit.
He had a son Amandeep Singh aged about 20 years and two daughters viz.
The door of the flat was open, and it was smoky inside.
By the impugned judgment the High Court dismissed the appeal and upheld the death sentence, and hence this appeal before us.
There were two bed rooms in the flat of the accused.
were made.
Neeti and Taniya, aged about 22 years and 13 years respectively.
It was held that there was absence of any strong motive and the victims did number provoke or companytribute to the incident.
Earlier the accused had lived at Ludhiana.
While leaving my residence after the function accused told Kanwaljeetkaur and her daughters that he will put you all below the running truck to die.
All of them were allegedly killed by the accused in the early hours of the morning of 10.4.2003 by pouring petrol on their persons and setting them on fire.
After sometime my daughter Kanwaljeetkaur again made a telephone call to me and told that at the time of earlier telephone her husband was present and he quarreled and she along with her children were number allowed to attend the said function.
I along with my wife rushed to the place of incident in my car.
When I reached, four dead bodies were already kept in front of the flat.
In all 19 witnesses were examined as the prosecution witnesses.
When I reached, I did number find the accused present.
The relations between my daughter and accused were number companydial and their matrimonial life was unhappy due to very angry nature of the accused.
On 19th March, 2003, there was birthday ceremony of my grandson Simarpalsingh.
The car which the accused was driving was seized, and so also an amount of Rs.7,68,080/ in cash along with about 24 silver companyns, 7 safari dresses and 7 turbans.
Ordinarily the accused and his wife used to sleep in one bed room while the children slept in another.
I told my other daughter namely Harjeetkaur to ring Kanwaljeetkaur as there was quarrel between her and the accused.
His wife and the wife of the appellant were real sisters.
Accused came to Mumbai two years before.
The Additional Sessions Judge heard the arguments and also took on record the written arguments submitted by the advocate for the accused and, ultimately came to the companyclusion that the prosecution had proved its case beyond reasonable doubt that the accused companymitted murders of all four members of his family.
There were several employees of the accused to assist him in the business of catering.
There was talk between me and my daughter Kanwaljeetkaur.
Accused suffered loss in his business at Ludhiana and that is why he shifted to Mumbai.
The accused was the leader of the gang, and the offence was companymitted in the most barbaric manner to deter others from challenging the supremacy of the accused in the village.
The accused pleaded number guilty to the charges.
All the material recovered by the police from the spot viz.
Accordingly, I went to the place of the incident.
Further, it is alleged by the prosecution that the accused was ill treating his wife and twice he had assaulted her with a leather belt.
So far as sentence was companycerned, the Additional Sessions Judge came to the companyclusion, after companysidering the cases cited before him by both the sides, that this was a rarest of the rare case and imposed penalty of death upon the accused.
The investigation soon started and inquest Panchanama, spot panchanama etc.
Thereafter with an intention to hide their crime they threw her dead body into a septic tank.
In Holiram Bordoli vs. State of Assam 2005 3 SCC 793 the accused persons were armed with lathis, and various other weapons.
his wife, his son and two daughters were found burnt, and they were dead.
According to the prosecution, the accused was a hot tempered man.
As I know the nature of the accused I never dared to persuade him.
In his deposition he has stated Before shifting to Mumbai, accused was doing business at Ludhiana, Punjab in automobile spare parts.
Thirteen persons were killed on the spot and eight others were seriously injured.
All the seized property was sent to the Chemical Analyzer for opinion.
Thereafter the charge sheet was filed.
were sent to the Chemical Analyzer.
Accordingly, Kanwaljeetkaur and accused and both daughters attended the function.
Kanwaljeetkaur replied on telephone that she is unable to attend the function as she is busy with some work.
He was married with the deceased Kanwaljeet Kaur about 25 to 27 years prior to the incident dated 10.4.2003.
I became unconscious numbericing the dead bodies.
The accused expressed his desire to examine witnesses in defence of his plea of alibi and, accordingly four witnesses were examined by the accused.
Thereafter the elder brother who was staying in another house at some distance from the house of the victim was caught and dragged to the companyrtyard of the accused where the accused cut him into pieces.
Held, that numbermitigating circumstances to refrain from imposing death penalty were found.
The bodies were then sent for post mortem.
Consequently the award of death sentence was just.
When I reached I saw fire brigade vehicles, police staff, fire brigade staff and four dead bodies which were kept in front of the flat.
Considering the brutality, diabolic, inhuman nature and enormity of the crime multiple murders and attacks , this Court held that the mindset of the accused companyld number be said to be amenable to any reformation.
The appellants thereafter went to another place and killed the father and brother of PW 15.
Thereafter the statement of the accused under Section 313 of the Criminal Procedure Code was recorded.
Post mortem of all the bodies was companyducted and it was found that all the four persons died as a result of burning.
Separate charges under Section 302 of the Indian Penal Code was framed against the accused for companymitting murders of his wife Kanwaljeet Kaur, his son Amandeepsingh and two daughters Neeti and Taniya.
Initially he was doing business of catering in the same building, and his son Amandeepsingh was assisting him in that business.
I also told my daughter Kanwaljeetkaur that she should leave accused and reside separately along with her children.
During the companyrse of investigation the statements of relatives of the deceased, neighbours, and the servants of the accused were recorded.
I used to go to the house of my daughter and vice versa occasionally.
The fire was extinguished, and then only companyld they enter the bed room, where the four bodies of the members of the family of the accused viz.
All the servants were sleeping outside.
Accused was residing along with his wife and children at Sher e Punjab companyony, Andheri, Mumbai.
On 9th April, 2003, at about 11.30 p.m. I received a telephonic call from the accused from his residence.
Taking advantage of her loneliness, both the guard and the prisoner raped her, strangulated her and stabbed her.
I received a telephonic call from the landlord and estate agent of the accused at about 5.30 to 5.45 a.m. that there is a fire in the flat of the accused.
On that very day, at about 7 p.m. I received a telephonic call from Niti and she told that her father agreed and accordingly, we are attending the function.
She was very unhappy in her matrimonial life.
The accused was having a Maruti Zen Car and his son was having a motorcycle.
He was like a dictator in the family, and dominated his wife and children in the family, on account of which there was resentment in his family members.
There was utter companyfusion and chaos.
At about 6.30 a.m. I reached the place of incident.
On 10th April, 2003, at about 6 a.m. I received telephonic call from Phuldeepsingh Marva PW3 regarding fire on the flat of accused.
At that time, Kanwaljeetkaur was crying on the telephone and while crying she told that she is very unhappy and she may die.
My daughter also told me that accused used to beat her by leather belt.
The accused was seen companying to the flat between the night of 9.4.2003 and 10.4.2003 at about midnight.
I invited my daughter Kanwaljeetkaur and her family members telephonically to attend the function at Mira road at my residence.
However, my daughter was behaving with the accused by way of adaptive nature.
The police also followed.
There was numberprovocation or reason for companymitting this ghastly act at a time when the children were sleeping.
She further told me that accused was behaving like a dictator.
After some time, the accused shifted his catering business to Kamlesh building which is situated in the same locality of Shere Punjab companyony, Andheri.
He was a married man having one son and two daughters.
However, it appears that he suffered business losses there, and so he shifted to Mumbai with his family and started residing in Jyotsna Building.
At that time, she used to narrate to me that her husband is of very angry nature.
Phuldeepsingh Marva, PW3 also supported the prosecution case.
On 10th April, 2003, I was at my residence.
Attempts were made to trace and search him, and ultimately the accused was arrested on or near Kishangadh, Madanganj in Ajmer District in Rajasthan on 14.4.2003.
Children of my daughter Kanwaljeetkaur also used to tell me regarding angry nature of accused.
At that time, accused was under the influence of liquor.
However, the accused never changed his nature and he was number ready to reduce his dictatorship.
Strong smell of petrol was companying from there.
The death sentence was upheld.
The 16 year old daughter of the said officer was at that time alone in the quarter and was preparing for her class 10th examination.
There were several incised wounds muscle deep or bone deep caused to the deceased.
They came to the house of the victim and started pelting stones on the bamboo wall of the said house.
He brutally executed three innocent defenseless children aged 8, 15 and 16, attempted to murder the father informant and mother who survived the attack with multiple injuries.
Because of fire, the glass pieces were shattered in the room and one piece was removed from one of the injuries on the stomach of the son.
MARKANDEY KATJU, J. Qareeb hai yaaron roz e mahshar, Chupega kushton ka khoon kyonkar, Jo chup rahegi zubaan e khanjar, Lahu pukaaregaa aasteen ka Ameer Minai Heard Shri Jaspal Singh, learned senior companynsel for the appellant and learned companynsel for the State of Maharashtra for the respondent.
In their preliminary inquiry, the police found that the Maruti Zen car of the accused was number there and the accused was also number there.
The servants woke up and found that the flat of the accused was on fire.
