TaxTMI 
TaxTMI 
TaxTMI 
1983 (7) TMI 344
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.... a series of five incidents which occurred in quick succession in five different villages, situated in the vicinity of each other in Punjab, on a night one would like to forget but cannot forget, the night between August 12 and August 13,1977. The seventeen persons who lost their lives and the three who sustained injuries included men, women and children related to one Amar Singh and his sister Piaro Bai. 3. In this connection one Machhi Singh and his eleven companions. close relatives and associates were prosecuted in five sessions cases, each pertaining to the concerned village in which the killings took place. Machhi Singh was the common accused at each trial. The composition of his co-accused differed number wise and identity-wise from trial to trial. At the conclusion of the series of trials the accused found guilty were convicted under appropriate provisions. Four of them were awarded death sentence, whereas sentence of imprisonment for life was imposed on nine of them. They were also convicted for different offences and appropriate punishment was inflicted on each of them in that behalf. The order of conviction and sentence gave rise to five murder references and fourteen....
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....ncident is witnessed in the light shed by the lantern and not electric light. Moreover, identification did not pose any serious problem as the accused were known to the witnesses. In fact they were embroiled in a long standing family feud. As the culprits had not covered their faces to conceal their identity, it was not difficult to identify them from their facial features, build gait etc. Light shed by the lantern was enough to enable the witnesses to identify the culprits under the circumstances. 6. The concurrent finding of fact recorded, by the Sessions Court and the High Court in this behalf does not, therefore, call for interference at the hands of this Court on this score. 7. Now we will address ourselves to the facts pertaining to the individual appeals. CRIME No. 1. 8. The occurrence giving rise to the proceedings culminating in the appeal before this Court took place at Village Alahi Baksh Badla at about 8.30 p.m. on August 12, 1977. Four members of the household of PW Amar Singh became the target of the assailants and lost their lives in the course of the murderous attack. The four victims were the wife and three sons of PW Amar Singh viz., (1) Biban Bai (age....
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.... rifle shots. The kirpan blows did not fall on the head of Biban Bai but struck the upper surface of the table which was lying nearby. Thereafter all the five culprits fled from there with their respective weapons. After day break PW Amar Singh left the house in order to lodge a report of the occurrence with P.W. 31 Head Constable Wassan Singh. 9. Seven persons were prosecuted in connection with this incident. Five of them have been acquitted. Only two of the original seven accused, viz., Appellants Machhi Singh and Mohinder Singh have been convicted for murder and sentenced to death. We propose to deal with the appeals preferred by them separately. Appellant Machhi Singh : 10. As far as Machhi Singh is concerned the finding of guilt recorded by the Session Court and affirmed by the High Court rests on the testimony of two eye witnesses viz., P.W. Amar Singh and his 10 year old daughter P.W. Mohindo. Evidence has also been adduced to establish that one of the rifles used in the course of the murderous assault had been issued to Machhi Singh in his capacity as an officer of Punjab Homeguards. The evidence of the ballistic expert establishes that the said rifle had been rece....
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....ant Machhi Singh in his capacity as an officer of the Punjab Homeguards was not satisfactory and reliable. The Sessions Court and the High Court have accepted the prosecution evidence in this behalf. We have on our own perused the evidence and we see no reason to disbelieve the evidence connecting appellant Machhi Singh with the weapon of offence (Ex. P-18). The evidence of P. W. 15 Shri Yashpal, Platoon Commander of Punjab Homeguard, is supported by entry Ex 32/A in the Register relating to the issuance of arms and ammunitions to the volunteers of the Homeguards. The evidence of P.W. 32 Narinder Singh, Quarter Master of Punjab Homeguards, conclusively establishes that the rifle was issued to appellant Machhi Singh. The evidence shows that appellant was personally known to the witness. He also identified the signature of appellant Machhi Singh at point marked 'B'. It may be mentioned that in the course of his statement under Section 313 of the CrPC, appellant Machhi Singh admitted that the signature at Ex. P.W. 32 A was his signature. Of-course according to him the said signature had been obtained by the police under coercion. Unless we hold that the Investigating Officer a....
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....evaluated the evidence of these two eye witnesses. We need not therefore reiterate the same reasoning in the context of appellant Mohinder Singh for repelling the criticism on this score. 15. The second part of the evidence connects appellant Mohinder Singh with the second rifle which was used in the course of the commission of the crime. The Sessions Court and the High Court have accepted the evidence on both these points. Counsel for the appellant has challenged the validity of the finding recorded by the Sessions Court and the High Court on these two points. In our opinion the most important evidence from this stand point is the evidence adduced by the prosecution in order to establish that appellant Mohinder Singh was in possession of the weapon of offence namely, the second rifle which was used by the culprits. Counsel is right in his submission that the evidence on this point does not satisfactorily establish the link. In fact the evidence shows that the second rifle used in the commission of the crime was originally issued to one Kashmir Singh. Thus a doubt is created in regard to the identity of the culprit who fired the second rifle. 16. Admittedly, the weapon in que....
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....es of the household (Smt. Ghamobai and Smt. Rajobai) and injured the third one (Smt. Nankobai) by gun shots. II B 19. From there, they straightway proceeded to a place known as 'Kho Kunjuka' situated at a distance of about two furlongs from the said village. They forcibly intruded into the house of one Bishan Singh. They attacked the inmates of the house and killed Bishan Singh, Smt. Paro, and her child Balbir Singh, by firing rifle shots. PW 2 Hakam Singh was lying on a cot outside the compound of the house of Bishan Singh. He was apprehensive of his life and fled from there. Two of the culprits viz., Machhi Singh, and Jagir Singh, chased him and fired at him. As a result of this Hakam Singh sustained gun shot injuries. 20. In connection with these two incidents the appellants were tried by the Sessions Court for various offences. The Sessions Court convicted the appellants for an offence under Section 302 I.P.C. read with Section 149 I.P.C. as in its view it was established beyond reasonable doubt that the nine appellants had formed an unlawful assembly with the common object of committing murder of Smt. Ghamobai, Smt. Rajobai, Smt. Parobai and Balbir Singh. The ....
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....he assailants. It was only after she sustained the injury that she became unconscious. Her evidence that she had witnessed the murderous assault on Smt. Gamobai and Smt. Rajobai and had identified the assailants has remained unshaken and has been accepted by the Sessions Court and the High Court. There is no valid reason to take a different view. The argument about insufficiency of light has already been negatived. The evidence of PW 20 is therefore Sufficient to uphold the order of conviction recorded by the courts below. Furthermore, there is the evidence of PW 16, Kaka Ram, and PW 21, Bagicha Singh. PW 16 occupies a house in the neighbourhood. He came out from the house upon hearing the report of fun fire. He was standing outside the house and had witnessed the incident. He had identified the appellants as the culprits. His evidence is reinforced by PW 21 Bagicha Singh who was sleeping on the roof of the adjoining house. He had also witnessed the incident and identified the assailants. They are not shown to be interested witnesses who would concoct a story. Why should they do so ? In fact they were exposing themselves to considerable risk. On probabilities, therefore, it is leas....
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.... appeals will stand dismissed So far as appellants Machhi Singh, Kashmir Singh and Jagir Singh are concerned, the Sessions Court has imposed death sentence on each of them. The High Court has confirmed it. On our part, we will deal with the question of sentence imposed on them in the concluding part of our judgment. Crime No. III 23. One Wanjar Singh (65) and his grand son Satnam Singh (16) were killed by gun shots in the course of this incident at the house of Wanjar Singh in village Mamujoa at about 11 p.m. on the night of August 12, 1977. The only inmate of the house who escaped was PW 16 Smt. Sabban, the wife of Wanjar Singh who was narrated her story in the following manner : 24. She was sleeping in the courtyard of her house. At about 11 p.m. she woke up and saw appellant Machhi Singh armed with rifle, and his two brothers, appellant Chhina Singh and appellant Kashmir Singh, armed with Kirpans, standing near the feet of Satnam Singh who was sleeping on the cot. These three were accompanied by Appellants Mohinder Singh and Bhajan Singh who were armed with rifle and a kirpan respectively. Appellant Kashmir Singh flashed a torch at Satnam Singh. Thereupon appellant Mach....
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.... Mohinder Singh a few days before 13th April 1977 does not inspire confidence. We agree with the reasoning of the Sessions Court. We need not repeat the reasons which we have set out at some length in the course of discussion pertaining to crime No. 1. Suffice it to say that the doctrine of benefit of doubt requires to be invoked on the facts of this case. We accordingly allow the appeal of Mohinder Singh, set aside the order of conviction and sentence passed against him, and direct that he be set at liberty forthwith unless he is required to be detained in some other connection. 26. In so far as the rest of the appellants are concerned, the evidence of this witness has been accepted and acted upon by the Sessions Court and the High Court, and we do not see any reason to do otherwise. Under the circumstances the finding of guilt recorded by the Sessions Court and the High Court for the aforesaid offence against the other appellants must be confirmed. Turning to the question of sentence, a death sentence has been imposed on Machhi Singh. We will consider the question as to whether death sentence is called for in the concluding part of our judgment. In so far as the rest of the ap....
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.... statement was recorded at 4 o'clock in the night, that is to say within three hours of the occurrence. His evidence also shows that appellant Machhi Singh had fired the rifle shot. This evidence has been rightly accepted and acted upon by the Sessions Court and the High Court. We see no reason to dislodge this concurrent finding of fact. We must therefore confirm the finding of guilt recorded by the Sessions Court as affirmed by the High Court in so far as appellant Machhi Singh is concerned. We will deal with the question of sentence at a subsequent stage. Crime No. V. 29. At about 3.30 a.m. on the night between August 12 and August 13, 1977 five miscreants armed with deadly weapon, effected forcible entry in the house of one Ujagar Singh at village Dandi Khur. They attacked the inmates and killed his sister Palobai, 35, and four near relatives of Palibai viz : (1) her father-in-law Sahib Singh, 70, (2) her mother-in-law Mattobai, 60, (3) her husband Jit Singh, 35, (4) last named lit Singh's cousin Mukhtiar Singh, 25. Out of these five victims, three died on the spot, whereas, two viz : Sahib Singh and Mukhtiar Singh, sustained rifle shot injuries, and died at the h....
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....was not adequate to enable identification. We have already spelled out our reasons for repelling this contention. The finding of guilt is thus fully supported by evidence. We accordingly confirm the same unhesitatingly. Two of the five appellants (viz : Machhi Singh and Jagir Singh) have been sentenced to death. We will deal with the question of sentence in so far as they are concerned after a shortwhile. In regard to the remaining three, viz : Phuman Singh, Jagtar Singh and Kashmir Singh son of Wadhawa Singh, the sentence imposed by the courts below for the offence under Section 302 read with 149 of IPC; and other offences, must be confirmed. Their appeals will stand dismissed. Death Sentence 31. Having dealt with the appeals on merits from the stand-point of proof of guilt and validity or otherwise of the order of conviction, we now come face to face with the problem indicated when the curtain was lifted, namely, the application of the rarest-of-rare-cases rule to the facts of individual cases in the context of the relevant guidelines. Some reflections on the question of death penalty may appropriately be made before we tackle the said question in the perspective of the pre....
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....nner. II Motive for Commission of murder 34. When the murder is committed for a motive which evince total depravity and meanness. For instance when (a) a hired assassin commits murder for the sake of money or reward (2) a cold blooded murder is committed with a deliberate design in order to inherit property or to gain control over property of a ward or a person under the control of the murderer or vis-a-vis whom the murderer is in a dominating position or in a position of trust, (c) a murder is committed in the course for betrayal of the motherland. III Anti Social or Socially abhorrent nature of the crime (a) When murder of a Scheduled Caste or minority community etc., is committed not for personal reasons but in circumstances which arouse social wrath. For instance when such a crime is committed in order to terrorize such persons and frighten them into fleeing from a place or in order to deprive them of, or make them with a view to reverse past injustices and in order to restore the social balance. (b) In cases of 'bride burning' and what are known as 'dowry-deaths' or when murder is committed in order to remarry for the sake of extracti....
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....ething uncommon about the crime which renders sentence of imprisonment for life inadequate and calls for a death sentence ? (b) Are the circumstances of the crime such that there is no alternative but to impose death sentence even after according maximum weightage to the mitigating circumstances which speak in favour of the offender ? 39. If upon taking an overall global view of all the circumstances in the light of the aforesaid proposition and taking into account the answers to the questions posed here in above, the circumstances of the case are such that death sentence is warranted, the court would proceed to do so. 40. In the present group of appeals we are now concerned with the death sentence imposed on appellants (i) Machhi Singh (ii) Kashmir Singh; (iii) Jagir Singh by the Sessions Court as confirmed by the High Court, Machhi Singh : 41. The High Court in its extremely well considered judgment has assigned the following reasons for imposing death penalty on appellant Machhi Singh in the context of each of the six crimes. We can do no better than to quote the said reasons in the very words employed by the High Court in the context of each crime : Crim....
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....ingh and Jagir Singh appellants. Both these appellants pursued a course of utter cruelty and atrocity. Not only were the crimes cold-blooded, calculated and gruesome in features, these had been committed while spreading horror of a killing spree. They put to death a young newly married couple and rendered a young woman a widow. The helpless state of the victims and the circumstances of the case lead us to confirm the death sentence. Jagir Singh : Insofar as appellant Jagir Singh is concerned death sentence has been imposed on him by the Sessions Court and confirmed by the High Court in relation to Crime No. 11A-B and V. The High Court has observed thus in the context of the relevant crime: CRIME NO. IIA & B (Crl. Appeal No. 80-84/81. Common) We have found that two innocent helpless women named Ghamo Bai and Rajo Bai were killed in a helpless and defenceless state in their own house and similarly a veteran couple namely Bishan Singh and his wife Paro Bai were killed by Machhi Sinah and Jagir Singh appellants in similar circumstances. The crime committed carries features which could be utterly horrendous especially when we know the weapons and their manner ....