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2019 Supreme(P&H) 975
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajiv Sharma, Gurvinder Singh Gill, JJ.
State Of Punjab - Appellant
Vs.
Makhan Singh - Respondent
Murder Reference No. 3 of 2019, Criminal Appeal (D) No. 375 of 2019
Decided On : 12-07-2019
Suveer Sheokand, Adv., Vinod Ghai, Adv., Kanika Ahuja, Adv., Raman Chahar, Adv.
Headnote:
Murder - Indian Penal Code - Sections 302, 307, 341, 427 read with Section 34 - Arms Act - Sections 25, 27/54/59 - 302, 307, 25
Fact of the Case:
The case involved a murder reference and appeal regarding the death sentence awarded to the appellant for offenses under Sections 302, 307, 341, 427 read with Section 34 of the Indian Penal Code and under Sections 25, 27/54/59 of the Arms Act. The prosecution alleged that the appellant, along with others, was involved in the murder of his wife due to dissatisfaction with their love marriage.
Finding of the Court:
The court found that the prosecution had proved that the appellant had fired two shots at his wife, resulting in her death. However, the court concluded that the case did not fall within the ambit of rarest of the rare cases, and thus commuted the death sentence to life imprisonment.
Issues: The issues involved the prosecution's burden of proof, the credibility of witnesses, and the application of the death penalty in the case.
Ratio Decidendi: The court emphasized that the death penalty should only be imposed when life imprisonment is totally inadequate and when the collective conscience of the community is so shocked that death penalty is the only alternative. The court also considered the social effect of punishment and proportional considerations when applying the principle of rarest of rare cases.
Final Decision: The court commuted the death sentence to life imprisonment and upheld the sentence under the Arms Act, while acquitting the appellant for the offense under Section 307 IPC.
JUDGMENT :
Rajiv Sharma, J.
Since common questions of law and facts are involved in the aforesaid murder reference and appeal, therefore these are taken up together and disposed of by a common judgment.
2. Murder Reference No.03 of 2019 has been received from the Sessions Judge, Mansa, for confirmation of death sentence awarded to Makhan Singh, aged 42 years, son of Dalel Singh, resident of Fatta Maloka, Tehsil Sardulgarh, as per judgment dated 08.04.2019 and order dated 10.04.2019.
3. Criminal Appeal No.D-375-2019 has been preferred by appellant Makhan Singh against the aforesaid judgment dated 08.04.2019 and order dated 10.04.2019 passed in Sessions Case no.69 dated 17.05.2015 by Sessions Judge, Mansa, whereby the appellant along with co-accused Sukhwinder Singh, Falel Singh and Jagtar Singh was charged with and tried for offences punishable under Sections 302, 307, 341, 427 read with Section 34 of the Indian Penal Code (in short 'IPC') and under Sections 25, 27/54/59 of Arms Act. The appellant has been convicted and sentenced as under:-
| Offence | Punishment |
| Under Section 302 IPC | Death sentence |
| Under Section 307 IPC | To undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.15,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of three months |
| Under Section 25 of Arms | To undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month |
However, co-accused Sukhwinder Singh and Jagtar Singh were acquitted. Co-accused Falel Singh died during the pendency of trial.
4. The case of the prosecution in a nutshell is that on 16.04.2015 SI/SHO Jaskaran Singh along with other police officials was present at Bus Stand, Fatta Maloka, in connection with patrolling duty. Complainant Gurpiar Singh alias Mithu Singh met him. He got recorded his statement to the effect that he was physical teacher at Genuis Secondary School, Sardulgarh. He had performed love marriage with Simarjit Kaur on 29.09.2014. She was working as a teacher at Government Primary Girls School, Sardulgarh. They used to go to Sardulgarh from Fatta Maloka daily on motorcycle. On that day, Simarjit Kaur was pillion rider. When they reached near Gill Petrol Pump on main road from Fatta Maloka to Sardulgarh at about 7.45 A.M., a car hit their motor cycle from rear. He along with his wife fell down from the motor cycle. Gamdoor Singh, Buta Singh, Sukhwinder singh alias Kala, Babbi alias Jaspreet Singh and Gagandeep Singh Ratia alighted from the car. Makhan Singh and Jaggi Singh came from the petrol pump side. Makhan Singh was armed with pistol. He fired shot from his pistol. It hit on the right side of chest of Simarjit Kaur. He fired another shot which hit on the right side of forehead of Simarjit Kaur. The complainant was attacked from the backside of his head with a sharp object by the co-accused. He rescued himself. He went to field. People started gathering on the spot. The assailants ran away from the spot. He went near his wife. She was lying on the ground drenched with blood. She was dead. She was murdered by Makhan Sigh, Sukhwinder Singh alias Kala, Babbi alias Jaspreet, Buta Singh, Jaggi Singh and Gagandeep Singh in connivance with each other since they were not happy with their love marriage. They also inflicted injury on his head with intention to kill him. The complaint was recorded. FIR was registered. Body was sent for post-mortem examination. Accused Makhan Singh was arrested on 19.04.2015 along with one country made pistol of .315 bore along with two live cartridges. Investigation was completed. Challan was presented after completing all the codal formalities.
5. Prosecution examined a number of witnesses. The stateme
