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Showing contexts for: davinder singh in Gurvail Singh @ Gala And Anr vs State Of Punjab on 7 February, 2013Matching Fragments
K. S. RADHAKRISHNAN, J.
1. This criminal appeal arises out of the judgment dated 22.9.2006 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 890- DB of 2005 and Murder Reference No. 10 of 2005. The High Court dismissed the appeal of the accused persons and also reference was confirmed.
2. The appellants, along with two others, were tried for an offence under Section 302 read with Section 34 IPC for murder of one Kulwant Singh, his two sons – Gurwinder Singh and Davinder Singh and his wife – Sarabjit Kaur on 21.8.2000 at about 1.30 am and were convicted for murder and awarded death sentence.
3. The prosecution case, briefly stated, is as follows:
Balwant Singh and Jaswant Singh are two sons of Sharam Singh (PW 1). Both Balwant Singh and Jaswant Singh died prior to the date of the incident on 21.8.2000. Sharam Singh’s third son Kulwant Singh had two sons – Gurwinder Singh and Davinder Singh. Sarabjit Kaur was his wife. PW1 (Sharam Singh) had 8 acres of land at Village Bhittewad, District Amritsar, which was mutated in his name. In the family partition, that 8 acres of land was divided into four shares, i.e. PW1 gave 2 acres of land each to his sons and wife and 2 acres of land was retained by him. 2nd appellant Jaj Singh and his brother Satnam Singh – accused and his mother Amarjit Kaur – accused, were pressurising on PW1 to get the land transferred in their names in the Revenue record. PW1 wanted them to spend the money for mutation, which was not done. There were frequent quarrels between PW1, 2nd appellant and Amarjit Kaur on that. They nurtured a feeling that PW1, under the influence of his son Kulwant Singh, would not mutate their shares in their names. About 8 to 9 days prior to the incident, 2nd appellant, Satnam Singh and 1st appellant Gurvail Singh went to the house of PW1and threatened him that in case he did not give their share in the land and mutated in their names, they would kill him and his son Kulwant Singh. On 20.8.2000, the appellants and other accused persons were found sitting on a cot outside the house of PW1, threatening PW1 and Kulwant Singh that they would not be spared, since the properties were not mutated in their names.
4. PW1, on the intervening night of 20-21.8.2000, was sleeping in the drawing room of his house and Kulwant Singh, his wife Sarabjir Kaur and two sons Gurwinder Singh and Davinder Singh were sleeping in the courtyard. At about 1-1.30 a.m. on 21.8.2000, PW1 heard somebody knocking at the door of his house and he saw through the window the appellants, Satnam Singh and Amarjit Kaur. 1st appellant was carrying Toka, 2nd appellant was armed with Datar and Amarjit Kaur was carrying Kirpan. 2nd appellant Jaj Singh opened the attack and gave Datar blow to Kulwant Singh and his brother Satnam Singh and inflicted Kirpan blows on Sarabjit Kaur. 1st appellant Gurvail Singh, who was armed with Toka, starting assaulting Gurwinder Singh and Davinder Singh. PW1 tried to intervene and avoid the incident and raised hue and cry, which attracted Dalbag Singh and he opened the door of the Baithak room in which PW1 was kept locked. Due to this incident, Kulwant Singh, his wife Sarabjit Kaur and two sons Gurwinder Singh and Davinder Singh were murdered.
6. Dr. Gurmanjit Rai, PW2 conducted the autopsy on the dead body of Kulwant Singh on 21.8.2000. According to him, all the injuries were ante- mortem in nature and the cause of death of Kulwant Singh was severance of neck structure. According to him, injury no. 2 sustained by Kulwant Singh was sufficient for causing death in the ordinary course of nature. Dr. Gurmanjit Rai also conducted the post-mortem on the dead body of Sarabjit Singh on the same day and opined that the cause of death was severance of neck structure and injury no. 2 was sufficient for causing death in the ordinary course of nature. Dr. Amarjit Singh PW9 conducted the autopsy on the dead bodies of Gurwinder Singh and Davinder Singh and opined that the death was due to severance of neck structure, which was sufficient to cause death in the ordinary course of nature. On the side of the prosecution, PW1 to PW10 were examined and for the defence DW1 to DW6 were examined.