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2008 Supreme(P&H) 1127

2008(3) RCR(Cri) 226
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
UMA NATH SINGH & A.N.JINDAL, JJ
State of Punjab - Appellant
Versus
Mohinder Singh - Respondent
Murder Reference No. 8 of 2007
Decided on: 30.5.2008

Advocates appeared:
For the Appellant : Mr.Manoj Bajaj, Sr.DAG, Punjab.
For the Respondent:Mr.K.S.Sidhu, Advocate, with Mr.Tarminder Singh, Advocate.

JUDGMENT

Uma Nath Singh, J

1. This judgment shall also dispose of connected Criminal Appeal No.1033-DB of 2007, filed by the sole accused-appellant Mohinder Singh as both the matters arise out of the impugned judgment dated 22.11.2007 passed by learned Sessions Judge, Ludhiana, in Sessions Case No.32 of 19.4.2006, holding the accused-appellant guilty of offence under Section 302 IPC and sentencing him to death for committing murder of his wife Veena Verma and his daughter Geetu Verma on 8.1.2006 in the area of Partap Singh Wala, Ludhiana.

2. As per the prosecution case, on 8.1.2006, Sub Inspector Gurpreet Singh (PW15), S.H.O. Police Station Haibowal, Ludhiana, at about 7.00 P.M. received a telephonic information that a man has committed murder of two women in the area of Village Partap Singh Wala. Pursuant thereto, the S.H.O. alongwith other police officials went to the scene of occurrence and recorded the statement (Exhibit PH) of complainant Shalu, daughter of the accused. Shalu (PW-2) disclosed in her statement that she was residing with her mother Veena Verma, sister Geetu Verma, and brother Malkiat Singh alias Vicky. Neetu Arora is her elder sister who is married at Khanna. Her father Mohinder Singh was staying separately. On the date of incident, i.e., 08-01-2006, her brother Malkiat Singh went out to leave his sister Neetu in her-in-laws' house at Village Allorah. As such, only she, her mother Veena Verma, and sister Geetu Verma were present in the house. At about 6.30 P.M., her sister Geetu Verma was paying obeisance in the worship room and her mother Veena Verma was lying in the bed room. She (complainant) was also present near her mother. In the meantime, her father Mohinder Singh came inside their house through the staircase while carrying a kulhara in his hand. She told her mother that her father has come. When her mother Veena Verma got up and came in the lobby of the house, her father accused Mohinder Singh threatened her saying that he would teach a lesson. He gave a kulhara blow on the head of Veena Verma who collapsed on the ground, and thereafter, the accused gave her two more blows with kulhara which struck on the finger of her hand,and second blow landed on her neck. After that, accused-appellant gave three kulhara blows to her sister on her head. As a result, both her mother and sister were laid in the pool of blood. The complainant, out of fear, went into the room and bolted it from inside. Afterwards, the accused appellant fled away from the spot throwing the kulhara there itself. The complainant raised hue and cry after coming out of the house saying that her father Mohinder Singh has murdered her mother Veena Verma and her sister Geetu Verma. It attracted the attention of people around who gathered on the spot. Her mother Veena Verma and sister Geetu Verma had succumbed to the injuries at the spot itself. The complainant while disclosing the motive behind the occurrence narrated that her father Mohinder Singh had committed rape on her sister deceased Geetu Verma and on her statement, a case had been registered against him. Her mother Veena Verma was a witness in that case and on conclusion of the trial, the accused was convicted and sentenced. The accused had come out after serving out the sentence and wanted to oust them from the house. (However, it is told by learned counsel for the parties that the accused had been sentenced to 12 years rigorous imprisonment and he had come out only on parole). The statement of the complainant having been recorded, S.I. Gurpreet Singh (PW-15) vide his endorsement Exhibit PH/1 sent it to the Police Station and on that basis, a formal FIR Exhibit PH/2 was recorded by ASI Som Nath. Inquest proceedings of the dead body of Veena Verma vide Exhibit PC and that of Geetu Verma alias Gurmit Kaur vide Exhibit PF were completed. The Investigating Officer also drew the rough site plan Exhibit PCC of the scene of occurrence and lifted blood of both the dead bodies separately. He m












































































































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