Major Singh & Anr vs State Of Punjab

The facts as narrated in the record of the case are that the sister of the appellants Major Singh and Baldev Singh, Sukhwinder Kaur had been married to the deceased Kashmir Singh about 12 years prior to the date of the incident. Sukhwinder Kaur died after two years of marriage with Kashmir Singh, and the accused had the suspension that Kashmir Singh had murdered Sukhwinder Kaur. It is alleged that this was the motive for which the accused murdered Kashmir Singh in the incident in question.

On 24.1.1999, Kashmir Singh was returning on a bi- cycle to his house after delivering the milk in the milk dairy and Lakhbir Singh PW4 was sitting on the carrier holding a small container meant for milk in his hand. At about 7.30 p.m. they reached near the transformer of the village and there in the light of the electric bulb which was on they found Major Singh armed with a `Kirpan' and Baldev Singh armed with `Kapa' sitting along with their third brother Shingara Singh. Shingara Singh had raised a lalkara that Kashmir Singh had come in their grip and he should not be allowed to go away alive. Thereupon Lakhbir Singh had jumped from the carrier of the cycle. The deceased in turn had thrown his cycle and fled into the fields of the wheat crop being followed by the appellants. It is alleged that in the presence of the witness, Baldev Singh had given a blow from the sharp side of his `Kapa' on the left wrist of the deceased while Major Singh gave blows with Kirpan one after the other, as a result of which Kashmir Singh fell down. Shingara Singh then caught hold of the deceased by his hair, who had tried to catch hold of the Kirpan of Major Singh and in that process he had received injuries on the fingers of his left hand. Thereafter, Baldev Singh caught hold of the arm of the deceased and Major Singh severed his head with a blow of the Kirpan. An alarm was raised by Lakhbir Singh, which attracted Chanan Singh to the spot and in his presence the accused ran away from the spot taking away the severed head of the deceased. On account of nervousness, the accused had left the Kirpan, turban and blanket at the spot. After leaving Chanan Singh at the place of occurrence near the dead body, Lakhbir Singh went to call his cousin Jagir Singh and thereafter both of them proceeded to police post Behak Pachharian to lodge an FIR. On the way, they met ASI Satnam Singh PW7 along with other police officials at the Bus Stand of village Behak Pachharian where they were holding a Naka. Lakhbir Singh made a statement Ex.P6 before the ASI, who after making his endorsement Ex.P6/A had sent the same to the Police Station, Zira, on the basis whereof formal FIR Ex.P6/B was recorded under Section 302 read with Section 34 IPC.

ASI Satnam Singh and the other police officials in the meantime had accompanied Lakhbir Singh to the spot, where a headless body of the deceased was lying. He prepared an inquest report and sent the body through Mehtab Singh and Daljit Singh, Constables for post mortem to Civil Hospital, Zira along with application Ex.P3. On 25.1.1999, ASI Satnam Singh inspected the spot and prepared a rough site plan Ex.P14. He collected blood stained earth and ordinary earth from the scene of occurrence and put the same in two separate plastic boxes which were converted into parcels and were eventually sealed with the seal `SS'. The sealed parcels were taken into possession through recovery memo Ex.P7. The Investigating Officer, recovered the Kirpan, turban and blanket from the spot. He prepared rough sketch of the Kirpan and took the same into possession. The blanket and turban were also taken into possession separately and both parcels were sealed by him and were taken into possession through memo Ex.P9. The bi-cycle of the deceased was also taken into possession. After autopsy, the post mortem report was handed over to the police. According to the same, the injuries on the body of the deceased were found to be sufficient to cause death in the ordinary course of nature. The clothes of the deceased were also taken into possession and parcels containing blood stained earth, ordinary earth, kirpan, blanket and turban were went to the Chemical Examiner on 24.2.1999.

The trial court after detailed consideration of the evidence found the accused guilty and sentenced them on 12.6.2004 to death, and also to pay a fine of Rs.5000/- each and in default further rigorous imprisonment for two years under Section 302 IPC. They were also awarded punishment of three years rigorous imprisonment and a fine of Rs.1000/- and in default of which further six months rigorous imprisonment under Section 121 IPC.

In appeal the High Court upheld the judgment of the trial court and dismissed the appeal. Hence the present appeal.

Thus, we see no reason to set aside the conviction of the accused Major Singh and Baldev Singh.

However, in the facts and circumstances of the case and considering the fact that there was probably some enmity due to suspicion about Sukhwinder Kaur's death two years after her marriage to Kashmir Singh which could have a motive for the crime, we reduce the sentence awarded to both the accused from death sentence to life sentence under Section 302 IPC. This appeal is disposed of accordingly.