The main legal point established in the judgment is that the heinous and premeditated nature of the crime, the lack of remorse shown by the accused, and the impact of the crime on the society warranted the extreme penalty of death sentence.

Surya Kant, J.

1. Hovering between life and death, Kulwinder Singh (hereinafter referred to as the accused) has put us in a piquant dilemma on the quantum of punishment especially when the sin protruding out of the crime for which he has been found guilty, protests against any mercy.

2. On the fateful clay, i.e., 4th August 2002 at about 2.30 PM Sarabjit Singh S/o Avtar Singh heard noise of his grand-mother Joginder Kaur emanating from inside the room built in the Bara (courtyard). He rushed to the Bara and after opening the door of the room saw that the accused was attacking with a gandasi on the neck of his grand-mother Joginder Kaur who was the maternal grand-mother in relation, to the accused as well. On seeing Sarabjit Singh the accused fled away along with his gandasi. When Sarabjit Singh went inside the room, he was horrified to see that his sister, Harelip Kaur, aged 17 years, was also lying near the heap of wheat husk smeared with blood and was crying for help. When he rushed to help Hardip Kaur, she told him that the accused had entered the room in with a sinister design to commit rape upon her and since she resisted, the accused firstly put her chunni around her neck and tried to strangulate. Meanwhile, her grandmother Joginder Kaur reached there and she too fell a prey at the hands of the accused who gave gandasi blows on the neck of Joginder Kaur. Hardip Kaur also told her brother Sarabjit Singh that she was also caused multiple injuries on her head and chin with a danda by the accused. After a few seconds only, both Hardip Kaur and Joginder Kaur succumbed to their respective injuries; The complainant - Sarabjit Singh also found a silver locket in a black thread in the right fist of his sister Hardip Kaur upon which "Kulwinder Singh" was inscribed in English.

3. On the statement of Sarabjit Singh, FIR Ex. PE was registered and the accused was arrested and put to trial, during the course of which he moved an application dated 4th February, 2003 that "he being of unsound mind, is unable to understand the proceedings of the Court and as such further proceedings be postponed in view of Section 329 Cr. P. C." The accused was accordingly referred for medical check-up before the Civil Surgeon, Hoshiarpur whereupon the Psychiatrist of the Civil Hospital, Jalandhar, submitted a report that the accuseds thorough examination "does not reveal any disorder at present". The learned Sessions Judge accordingly held that the accused was sane and fit to face the trial. When the trial proceeded further and prosecution evidence was concluded, the accused came out with the plea of alibi that on 4-8-2002, i.e. the day of occurrence, he was in fact got admitted in Jaskaran Hospital at Nawanshahar at about 2 PM by none else than Avtar Singh, father of the complainant (Sarabjit Singh) as well as of the deceased victim (Hardip Kaur). He produced Dr. Inder Mohan Singh (DW1) in that regard as also his brother Surjit Singh (DW2) who in addition to supporting the plea of alibi, further deposed that the accused was falsely implicated due to property dispute with the complainant party and that the deceased Hardip Kaur was sister of the accused in relation and another deceased Joginder Kaur was his maternal grand-mother.

4. Dr. Gurpal Singh (PW5) who conducted post-mortem on the dead body of Hardip Kaur d/o Avtar Singh, found following injuries on her body:-

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1. Ari incised wound 5x1 cm present on the forehead, 4 cm above the bridge of nose, was present vertically in midline and bone deep.

2. An incised wound 5.5 cm x 0.5 cm present on the left side of head, 2 cm left to the injury No. 1 and 3.

3. An incised wound 7 cm x 1 cm present on the left side of head, 5.5. cm above the left eye-brow near the hair line.

4. An incised wound 4.5 cm x 1.5 cm present on the left side of forehead, 1 cm from the midline and 4.5 cm above the bridge of nose was present, downwards and upwards.

5. An incised wound 6 cm x 1.5 cm present on the left side of f