IMPORTANT POINT
Rarest of rare cases – ingredients discussed.

Judgment :

Dr. Mukundakam Sharma, J.

1. In these criminal appeals the issue that arises for our consideration is whether in the facts and circumstances of the present case, the maximum penalty of death sentence is called for or life sentence which is awarded to the respondents by the High Court would meet the ends of justice.

2. One Sewa Singh, the deceased, was the Municipal Commissioner of Municipal Committee, Sirhind City. He also used to recite Kirtan in the Gurdwara Sahib whereas his son Rachhpal Singh alias Happy, Inderjit Singh and Kuldeep Singh, were also working as Sewadars in Gurdwara Bara Sirhind, which was quite near the house of Sewa Singh. Kamaljit Singh and Manjit Singh were previously working as Sewadar in the Gurdwara. While working as such they had developed illicit relations with Bhinder Kaur, the wife of Sewa Singh, the deceased. The said illicit relation became known to Sewa Singh, the deceased, and his son Rachhpal Singh alias Happy and they did not appreciate the said illicit relationship and sometimes used to beat Bhinder Kaur and told her in specific terms not to indulge in such activities. They also restrained accused Kamaljit Singh and Manjit Singh to come to their house. Bhinder Kaur did not like the aforesaid attitude of her family and was also fed up with the harassment caused to her and told about such mal-treatment and harassment caused, to the accused Kamaljit Singh and Manjit Singh. Having known about the attitude and mal-treatment being meted out to Bhinder Kaur, they came on the fateful day of 26.6.1994 to the house of Sewa Singh when he was sleeping in his house whereas his son Rachhpal Singh alias Happy was sleeping in the Gurdwara Bara Sirhind. Having reached the house of Sewa Singh, the accused Kamaljit Singh armed with Kirpan and accused Manjit Singh armed with Khanda, killed Sewa Singh in his house whereas the remaining three persons namely Rachhpal Singh alias Happy, Inderjit Singh and Kuldip Singh were killed in the Gurdwara by them.

3. Consequent to the aforesaid murders, a First Information Report (for short `the FIR) was registered bearing FIR No. 46, on 26.06.1994 at about 2.30 a.m. on the statement of Joginder Singh who approached the Police Station, Sirhind and got recorded the FIR to the effect that he was working as an electrician and had been living near Gurdwara Bara Sirhind and that on the intervening night of 26.06.1994, when he was sleeping in his house, at about 1.30 a.m. he heard a noise from the house of Sewa Singh, the deceased which was located quite near his house, he went outside and saw that the light in front of the house of Inderjit Singh was on and two Sikh youths armed with Kirpans stained with blood were shouting that they had finished Sewa Singh, the deceased, his son Rachhpal Singh alias Happy and their supporters and they would not spare anybody who comes to their help. It was also stated in the FIR that he along with other neighbours went to the house of Sewa Singh and found him dead. They left Bhinder Kaur near the dead body and went to the Gurdwara Sahib where they found other three persons murdered namely Rachhpal Singh alias Happy, Inderjit Singh and Kuldip Singh. While Rachhpal Singh alias Happy and Inderjit Singh were lying murdered in the room of the Gurdwara Sahib, Kuldip Singh was found killed in the Varandah of the Gurdwara.

4. After registering the FIR the police started investigation during the course of which they arrested Kamaljit Singh, Manjit Singh. Bhinder Kaur was also arrested. After completion of the investigation, the police submitted charge-sheet against the aforesaid accused persons. The court framed charges against the accused persons under Sections 302/34 IPC read with Section 120-B IPC, for causing death of Sewa Singh, Rachhpal Singh alias Happy, Inderjit Singh and Kuldeep Singh.

5. During the course of trial, the prosecution examined its witnesses whereas the defence did not produce any witness. The trial court, after conclusion