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2010 Supreme(SC) 1084

(2010) 13 Supreme Court Cases 656
MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.
SUKHDEV SINGH AND ANOTHER -Petitioners
Versus
STATE OF PUNJAB -Respondent
SLP (Crl.) No. 8917 of 2010
Decided on : November 12, 2010

Advocates Appeared:
D.P. Singh and Ms Avneet Toor (for Sanjay Jain), Advocates, for the Petitioners.

Headnote:Indian Penal Code, 1860 – Section 302 – Deceased first strangulated and thereafter burnt – Petitioner present in the house at the time of death – Deceased was ill-treated and often beaten by appellant – Notice issued to petitioner as to why the sentence should not be enhanced to death sentence. (Para 2 to 5)

       Satya Narayan Tiwari – Relied upon

       Facts of the case:

       The petitioner in this case was convicted under Section 302 IPC for committing murder of his wife Daljit Kaur and sentenced to life imprisonment.

       On appeal that sentence has been upheld by the Punjab and Haryana High Court.

       Finding of the Court:

       This brutal and barbaric murder deserves death sentence.

       Result:

       Notice issued to petitioner for enhancing the sentence to death sentence.

ORDER

1. The petitioner in this case was convicted under Section 302 IPC for committing murder of his wife Daljit Kaur and sentenced to life imprisonment. On appeal that sentence has been upheld by the Punjab and Haryana High Court by the impugned order dated 21-7-2010. Now, this special leave petition has been filed under Article 136 of the Constitution of India challenging the aforesaid decision dated 21-7-2010.

2. In our opinion, this is a clear case of brutal and barbaric murder of f Daljit Kaur. According to the evidence of the doctor, Dr. Ranjit Singh, PW 1, the deceased Daljit Kaur was first strangulated and thereafter burnt. The doctor's report shows that some of the bones of her neck have been fractured and there is bleeding on the neck. In our prima facie opinion, these could clearly not be self-inflicted injuries. Also, there are bums all over the body.

3. The depositions of the witnesses show that it was the petitioner, the g husband of Daljit Kaur, who was present in the house when she died. There is evidence that Daljit Kaur was being ill-treated by her husband and was often beaten by him.

4. We have recently held in Satya Narayan Tiwari v. State of U.P that crimes against women are not ordinary crimes committed in a fit of anger or a for property. They are social crimes. They disrupt the entire social fabric. Hence, they call for harsh punishment. In our opinion, crimes of the nature which has been committed in the present case outrage the modem conscience, and they belong to the rarest of rare category deserving death sentence.

5. Issue notice to the petitioner as to why his life sentence be not enhanced to death sentence. The petitioner shall also be at liberty to argue the case on merits.

Court Masters

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