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SUPREME COURT OF INDIA
A.K. Sikri, S. Abdul Nazeer, M. R. Shah, JJ.
KHUSHWINDER SINGH – Appellant
Vs.
STATE OF PUNJAB – Respondent
Criminal Appeal Nos. 1433-1434 of 2014
Decided On : 05-03-2019
(B) Criminal Law – Appreciation of evidence – Minor discrepancies are not to be given undue emphasis and evidence is to be considered from point of view of trustworthiness – Every omission cannot take place of a material omission – Minor contradictions, inconsistencies or insignificant embellishments do not affect the core of prosecution case and should not be taken to be a ground to reject prosecution evidence – Omission should create a serious doubt about truthfulness or creditworthiness of a witness – It is only serious contradictions and omissions which materially affect case of prosecution but not every contradiction or omission. (Para 10)
Facts of Case:
Multiple murders. Imposition of death sentence. Being aggrieved and dissatisfied by impugned judgment and order dated passed by High Court of Punjab and Haryana at Chandigarh in Murder Reference with Criminal Appeal by which High Court has affirmed death penalty imposed by Sessions Court, by affirming judgment and order passed by Sessions Court, consequently convicting appellant-accused for offence punishable under Section 302 IPC, original accused has preferred present appeals.
Findings of Court:
Considering facts and circumstances of case and findings recorded by Sessions Court and confirmed by High Court, which Courts below have considered in detail by giving cogent reasons and on appreciation of evidence on record, we are of the opinion that High Court has rightly confirmed conviction of accused for offence punishable under Section 302 IPC having killed/committing murder of six persons. We are in complete agreement with view taken by High Court. Under circumstances of case, conviction of accused is hereby confirmed.
Result : Appeal dismissed.
JUDGMENT :
M.R. Shah, J.
Being aggrieved and dissatisfied by the impugned judgment and order dated 20.09.2013 passed by the High Court of Punjab and Haryana at Chandigarh in Murder Reference No. 3 of 2013 with Criminal Appeal No. D-385-DB of 2013, by which the High Court has affirmed the death penalty imposed by the learned Sessions Court, by affirming the judgment and order passed by the learned Sessions Court, Fatehgarh Sahib dated 15.03.2013, consequently convicting the appellant-accused for the offence punishable under Section 302 IPC, the original accused has preferred the present appeals.
2. The case of the prosecution as per the statement of PW-5 -Jasmeen Kaur - original Complainant was that she was married with Rupinder Singh S/o Jeet Singh of village Bhojewal in the year 2005. Two children, the elder son namely Jaskirat Singh, aged about seven years and a daughter namely Prabhsimran Kaur aged about six years were born from the said marriage. Since the atmosphere in the family of the in-laws of the complainant was not good, complainant Jasmeen Kaur along with her husband and children had been living at her natal place at village Mukandpur for the last about six years prior to the occurrence. Gurinder Singh @ Babbu, brother of Jasmeen Kaur used to consume liquor in excess. He was dissuaded by the family from doing so and was also made to understand in this regard. Thereafter, Manjit Kaur, wife of the accused Khushwinder Singh, R/o village Suhavi, Police Station Khamanon, who is the daughter of maternal uncle of the complainant, came to see her along with the accused. The latter informed the family of the complainant that he knew one 'Baba' (holy man) who lives in their area, who can make person get rid of their habit of drinking permanently. The accused further informed that he also knew one travel agent, who could send Rupinder Singh, husband of the complainant, abroad. Thereafter, the accused along starting visiting the house of the complainant. About three months prior to the incident, the accused came to the house of the complainant and informed that he had made arrangements with an agent for sending Rupinder Singh to Canada. He demanded Rs. 2,00,000/- and the passport of Rupinder Singh. He also informed that the remaining amount of Rs. 14,00,000/- was to be paid on getting visa. Thereupon, the family of the complainant pledged their gold ornaments with the goldsmith and borrowed Rs. 2,00,000/- which, along with the passport of Rupinder Singh, were handed over to the accused. The accused further informed the complainant's family that the job would be done within two months. The accused further informed that he had also got in touch with 'Baba' (holy man) to enable Gurinder Singh to give up his habit of drinking and, for that purpose, the complainant's family would have to offer "Dhala" (offering certain pulses, rice etc. in running water).
2.1 On this, in the evening of 25.06.2012 at about 06.00 p.m., the accused came to village Mukandpur to the house of the complainant in his car and informed the family of the complainant that "Dhala" was to be offered on the night at about 02.30 a.m. and, for this purpose, the accused made Paramjit Kaur - mother, Gurinder Singh @ Babbu -brother and Rupinder Singh - husband of complainant respectively to accompany him. Gurinder Singh, father of the complainant, also accompanied them as he was to pay obeisance at Gurudwara Rara Sahib. Then, on 26.06.2012 at about 11.30 a.m. the accused came back in his car to village Mukandpur and informed the complainant that Gurinder Singh, Paramjit Kaur and Rupinder Singh had been left with 'Baba ji". In the evening, the complainant should accompany him to the 'Baba" for offering "Dhala".
2.2 On 26.06.2012 at about 6.30 p.m., the complainant Jasmeen Kaur, along with her father Gurmail Singh, son Jaskirat Singh and daughter Prabhsimran Kaur accompa
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