important point
Judges applying the law must also be alive to the needs of society and the damage which can result if a ghastly crime is not dealt with in an effective and proper manner.

Headnote:(a)Code of Criminal Procedure, 1973 – Section 154 – The delay in disclosing names of the accused by the lone eye witness not considered unusual or fatal in the facts and circumstances of the case. (Para 9)
       (1975) 3 SCC 562; (1996) 5 SCC 369 – Distinguished.
       (b)Indian Penal Code, 1860 – Section 302 – Death sentence should be awarded in the rarest of rare cases – Categorization of a case depends upon the facts and also on the human factor of predilection of a Judge – Judges applying the law, however, must also be alive to the needs of society and the damage which can result if a ghastly crime is not dealt with in an effective and proper manner – Instantly, the crime being of diabolical nature with murder of helpless individuals committed with traditional weapons with extreme cruelty and pre-meditation fell in the category of rarest of rare cases – However in the peculiar facts of the case, the sentence of life imprisonment not disturbed. (Paras 16 and 20)
       (1980) 2 SCC 684; (1983) 3 SCC 470 – Relied upon.
       Facts of the case :
       1.Rajvinder Kaur (PW1) was the youngest daughter of Maya Kaur and Baldev Singh Sardar. In addition to Rajvinder Kaur the couple had another daughter Sulakshana, and two sons Ranprit Singh and Amrit Singh and the entire family was residing in a small township near Panvel City on the outskirts of Mumbai. While studying in school Rajvinder Kaur fell in love with Ravinder Singh and the relationship culminated in a secret marriage between the two. Rajvinder’s family did not approve of the relationship.
       2.When Rajvinder Kaur’s marriage was being settled, she informed her parents that she was already married with Ravinder Singh. This information caused consternation in her family and faced with hostility she left home and shifted in with her husband and his family. She was, however, repeatedly threatened by her relatives including her parents that she would have to suffer the consequences of her misconduct.
       3.Ultimately on 30th May 1999 at about 8.30 p.m. Rajvinder Kaur and her matrimonial family were attacked. The Police found that Ravinder Singh, husband of Rajvinder Kaur, her brother-in-law Harvindar Singh, and her-in-laws Dilip Singh and Lakhwinder Kaur had all been killed.
       4.The trial court sentenced Bhagwan Singh, Jagpal Singh, Kanwarjit Singh, Bakhtawar Singh, Maya Kaur and Nirmal Kaur guilty for the offences under Sections 302, 307 read with Section 120 B of the IPC and sentenced the first four to death and the other two to life imprisonment under Sections 302/120B and to lesser term of imprisonment for the other offences. Kuldip Singh and Baldev Singh were however acquitted.
       5.The High Court ordered the acquittal of the accused under Sections 302/120B and 307/120B and 307/34 of the IPC and directed that Maya Kaur Sardar, Nirmal Kaur Sardar,Bhagwan Singh Randhava, Jagpal Singh Toor, Kanwarjit Singh Pullar @ Rana Randhava and Bakhtawar Singh Randhava undergo imprisonment for life under Section 302/34 of the IPC. The murder reference was accordingly declined.
       Findings of the Court:
       The case falls in the category of rarest of rare attracting death sentence. However in peculiar facts of the case, life sentence was not disturbed.
       Result : Appeals dismissed.

JUDGMENT

HARJIT SINGH BEDI, J.—

1.These appeals by special leave arise out of the following facts.

2.Rajvinder Kaur (PW1) was the youngest daughter of Maya Kaur and Baldev Singh Sardar. In addition to Rajvinder Kaur the couple had another daughter Sulakshana, and two sons Ranprit Singh and Amrit Singh and the entire family was residing in a small township near Panvel City on the outskirts of Mumbai. While studying in school Rajvinder Kaur fell in love with Ravinder Singh and the relationship culminated in a secret marriage between the two, as Rajvinders family did not approve of the relationship on the premise that Ravinder Singh belonged to an inferior caste and was also financially weak. It appears that after Sulakshanas marriage, Baldev Singh and Maya Kaur decided that it was appropriate that Rajvinder Kaur too should be married off. A suitable boy was accordingly selected by them for her but before a final decision could be taken Rajvinder Kaur told the proposed bridegroom of her love affair with Ravinder Singh. He nevertheless still agreed to the marriage. Faced with this difficult situation, Rajvinder Kaur informed her parents that she was already married with Ravinder Singh. This information caused consternation in her family and faced with hostility she left home and shifted in with her husband and his family. She was, however, repeatedly threatened by her relatives including her parents that she would have to suffer the consequences of her misconduct. Maya Kaur and Nirmal Kaur, Rajvinders maternal aunt, also demanded the return of the ornaments that she had been wearing when she had left her parents home, but she told them that they could collect these articles from the police station (in the presence of the police) as she had already lodged a complaint. On 30th May 1999 at about 8.30 p.m. Rajvinder Kaur was informed that her mother and maternal aunt had come to visit her. She accordingly invited them upstairs to the first floor and on their demand handed over the ornaments to her mother. Maya Kaur and Nirmal Kaur also told Rajvinder Kaur that her maternal uncle (Mama) Bhagwan Singh (accused No.3) had also come to visit her and was waiting downstairs. Lakhmindar Kaur, Rajvinders mother-in-law told Maya Kaur to call her brother upstairs. In the meantime, it appears Ravinder Singh went out on to the balcony to get his shirt and saw some persons armed with weapons in their hands hanging around suspiciously and apprehending mischief, he asked his brother Harvindar Singh to immediately call some of his friends. Harvindar Singh rushed downstairs in an attempt to do so but soon returned with a patch of blood on his shirt on the abdomen and fell in the prayer room. Rajvinder Kaur then saw accused No.4 Jagpal Singh, husband of Nirmal Kaur, accused No.5 Kawaljit Singh, cousin of Maya Kaur and Nirmal Kaur accused No.6 Bakhtavar Singh, maternal uncle of Maya Kaur, accused No.7 Kuldip Singh, a close relative of Maya Kaur, Baldev Singh and Bhagwan Singh climbing the stair case with weapons in their hands. Maya Kaur and Nirmal Kaur however left the place and went out of the gate. Rajvinder, sensing danger shouted for help but somebody entered the balcony and pushed her therefrom and she fell on the ground floor sustaining severe injuries. She also heard some voices speaking in Punjabi suggesting that she be killed and somebody replying that she was already dead. Rajvinder Kaur, grievously hurt, went crawling to the house of one Narula, a neighbour, and informed him of the assault on her family on which he called the police. The Police reached the site after a short time and found that Ravinder Singh, husband of Rajvinder Kaur, her brother-in-law Harvindar Singh, and her-in-laws Dilip Singh and Lakhwinder Kaur had all been killed. A formal FIR was thereupon registered at about 3.30 a.m. on 1st June 1999 at the Police Station, five kilometers distant, at the instance of PW7 Sub-Inspector Vikram Bhimrao Patil. On the completion of the inv

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2007 Supreme(SC) 1289

2007(8) Supreme 309Supreme Court of india(From Bombay High Court)S.B. Sinha & Harjit Singh Bedi, JJ.Mayakaur Baldevsingh Sardar & Anr. — PetitionersversusThe State of Maharashtra — RespondentAppeal (crl.) 1364-66 of 2004WITH CRL. A. Nos. 1378-1380/2004 and 1419-1421/2004Decided on : 08-10-2007

important pointJudges applying the law must also be alive to the needs of society and the damage which can result if a ghastly crime is not dealt with in an effective and proper manner.

Cases Referred (4)

important point
Judges applying the law must also be alive to the needs of society and the damage which can result if a ghastly crime is not dealt with in an effective and proper manner.