The judgment emphasizes the importance of circumstantial evidence and the burden of proof on the accused when certain facts are within their special knowledge. It also highlights the court's discretion in sentencing based on the nature of the crime and the absence of alternative options.

JUDGMENT :

GURVINDER SINGH GILL, J.

1. This judgment shall dispose off above mentioned reference made by learned Additional Sessions Judge, Bathinda in terms of Section 366 Cr.P.C. for confirmation of death sentence as well as two appeals filed on behalf of Sailesh Kumar and Anuradha Patel as all of them arise out of the same judgment i.e. judgment dated 15th March, 2019 passed by learned Additional Sessions Judge, Bathinda vide which the accused have been sentenced as under:-

2. The matter pertains to murder of Vipin Kumar Shukla i.e. husband of complainant Kumkum Shukla. Vipin Kumar Shukla went missing on 8.2.2017, whose body was found shredded into pieces on 21.2.2017. The FIR (Ex.PW-10/A) was lodged by complainant Kumkum Shukla on 15.2.2017, the translated gist of which reads as under:-

“I am a resident of above mentioned address and do household work. I have two sons. My husband Vipin Shukla was posted as Corporal at Air Force Station Bhisiana where he had joined upon his transfer in the year 2014. Previously, my husband had been residing without family but since 27th December, 2016, he had started residing with his family in quarter No. 208/4, Air Force Station, Bhisiana. My husband served at AFWA shop. On 8.2.2017, my husband after returning back home at about 8:45 p.m. left for visiting temple but did not return back. We had submitted an application in Police Post, Baluana on 9.2.2017. Despite search, my husband could not be found anywhere. Now, I suspect that some unknown person had abducted my husband Vipin Shukla and has kept him somewhere. Legal Action be taken. I have made my statement, which is correct.

Sd/-

Kumkum Shukla.”

3. A week after lodging of the FIR i.e. on 21.2.2017, Kumkum Shukla and her father-in-law Shri Triveni Shukla came to know that Sailesh Kumar and Shashi Bhushan Patel had abducted Vipin Kumar and had murdered him and that they had concealed his dead body after cutting the same into pieces and that Anuradha Patel wife of Sailesh Kumar had instigated them and had also helped them in concealing the dead body. Upon getting said information, they both went to the quarter of the accused where they noticed a foul smell emanating and they saw Anuradha Patel was trying to shut doors and windows of their house on account of which they became sure that the aforesaid three persons had murdered Vipin Shukla and had concealed the dead body in their house. The said information was conveyed to the police upon which the police came to the spot. The matter was investigated, during the course of which Sailesh Kumar was interrogated on 21.2.2017 who suffered a disclosure statement pursuant to which he got recovered 16 black coloured ploythene bags containing pieces of dead body which were kept in his house. Inquest proceedings were conducted. Post-mortem examination was got conducted on the dead body. Upon conclusion of investigation, a report under Section 173 Cr.P.C. was presented against the accused Sailesh Kumar and Anuradha Patel in the Court of learned JMIC Bathinda. Shashi Bhushan Patel could, however, not arrested. The learned JMIC, Bathinda vide his order dated 13.7.2017 committed the case to the Court of Sessions. The learned Additional Sessions Judge, upon finding sufficient grounds to presume that th