The central legal point established in the judgment is the assessment of grave and sudden provocation under Exception I to Section 300 IPC, emphasizing the need to consider the provocation from the perspective of a reasonable person and the surrounding circumstances.

JUDGMENT :

Rajiv Sharma, J.

Since common questions of law and facts are involved in both these appeals, i.e. CRA-D-582-DB of 2018 and CRA-S-2312-SB of 2018, therefore, these are taken up together and being disposed of by a common judgment.

2. These appeals are instituted against judgment dated 05.05.2018 and order dated 07.05.2018, rendered by learned Additional Sessions Judge, Sirsa, whereby the appellants, who were charged with and tried for the offences punishable under Sections 302, 201 read with Section 34 IPC, were convicted and sentenced under Sections 302 and 201 IPC. Appellants Gurjinder Singh alias Sukhi alias Kali; Sukhmander Singh alias Gurdam; Paramjeet Kaur alias Kiranpal alias Kirna; and Sardool Singh alias Harphool alias Phulla; were sentenced to undergo imprisonment for life under Section 302 IPC. They were further sentenced to pay fine of Rs. 10,000/- each thereunder. They were also convicted and sentenced to undergo rigorous imprisonment for five years under Section 201 IPC and to pay fine of Rs. 10,000/- each thereunder. Both the sentences were ordered to run concurrently. In default of payment of fine, they were ordered to further undergo rigorous imprisonment for six months each. Appellant Jitender Singh alias Sukhjinder Singh alias Guli was ordered to be sent to special/ observation home, Hisar for three years. Since he was in custody since 18.02.2016, therefore, he was ordered to be released from special/ observation home, Hisar, on completion of three years counted from 18.02.2016.

3. The case of the prosecution, in a nutshell, is that on 17.02.2016, Sham Singh (PW.2) went to Police Station Odhan. He got recorded his statement to the effect that he was a labourer. He had two sons, namely Raghubir Singh and Sukhbir Singh. On 13.02.2016 at about 8.30 PM, Sukhbir Singh had gone from the house with his friends Mangal Sain (PW.3) and Vikram Singh alias Manda (PW.4) on motor cycle. His son did not come back to his house. FIR was registered. He was told by Mangal Sain and Vikram Singh that they had left Sukhbir Singh in the street in front of the house of his lover Harjit Kaur alias Mannu daughter of Sukhmander Singh, resident of village Dabwali. The family members of Harjit Kaur had killed her as well as his son Sukhbir Singh. The bodies were recovered from Raj canal. These were sent for post mortem examination. The investigation was completed and challan was put up after completing all the codal formalities.

4. The prosecution examined a number of witnesses. The accused were also examined under Section 313 Cr.P.C. They denied the case of the prosecution. According to them, Harjit Kaur was not present in her house on the alleged day of occurrence. They examined one witness in their defence.

5. The appellants were convicted and sentenced, as noticed herein-above. Hence, these appeals.

6. Learned counsel appearing on behalf of the appellants has vehemently argued that the prosecution has failed to prove its case. Learned counsel appearing for the State has supported the judgment and order of the learned Court below.

7. We have heard learned counsel for the parties and gone through the judgment and record very carefully.

8. Pw.1 Rajbir Singh did not support the case of the prosecution. He was declared hostile.

9. Pw.2 Sham Singh is the father of deceased Sukhbir Singh. According to him, on 13.02.2016 at about 8.30 PM, his son Sukhbir Singh went with Mangal and Vikram on motor cycle. Next day, both Mangal and Vikram reached at his house with motor cycle at about 9.00/10.00 AM. They told him that they had dropped his son Sukhbir Singh in front of the house of his beloved Harjeet Kaur alias Mannu daughter of accused Sukhmander Singh at village Dabwali. His son had told him on previous occasions that he would marry Harjit Kaur alias Mannu as they both loved each other. When his son Sukhbir Singh did not return, he searched for him. He made complaint Ex.P7 to the police. Later on, he came to know that accused Sukhmander Singh