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1 - 3 of 3 (0.36 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Dalbir Singh & Ors vs State Of Punjab on 4 May, 1979
In the light of the discussions above therefore so far
as merits are concerned, there is no substance in the
contention advanced by learned counsel for the appellants.
The conviction of the appellants could not be assailed on
any ground. The only question that remains to be considered
is the question of sentence. Learned counsel referred to the
decision of this Court in Dalbir Singh & Ors. v. State of
Punjab,
852
[1979] 3 SCR 1059 wherein the plausible reasons which may
weigh with a court while awarding a sentence of death have
been enunciated. So far as the present case is concerned we
must consider the facts of the case. It is clear and not
disputed also that father of Mukand Singh and Pala Singh
left behind some agricultural land. It is not in dispute
that the two brothers Pala Singh and Mukand Singh were the
only heirs entitled to the share in the property of their
father. It is also not disputed that so far as Mukand Singh
is concerned he had only one daughter Harbans Kaur and had
no male issue. It is also disputed that the property
disputes have been going on. There have been cases and
complaints against each other. It appears that Pala Singh
and his son Darshan Singh were keen to grab that property
and it is in pursuit of this motive that they attacked
Mukand Singh and his family and killed all the members of
the family, Mukand Singh, his wife Pritam Kaur and his only
daughter Harbans Kaur and thereby eliminated everyone who
could claim any share in the property. The attack was
brutal. The medical evidence indicates that Mukand Singh's
neck was chopped off, repeated blows by Gandasa were
inflicted on the body of Harbans Kaur. Therefore it is clear
that Darshan Singh first chopped off the neck of Mukand
Singh and even after doing this he inflicted number of blows
on Harbans Kaur a young girl, his own Uncle's daughter and
the repeated blows go to show that he inflicted injuries
with determination that she may not escape. In this view of
the matter and the manner in which brutally these two were
done to death, we see no reason to alter the sentence
awarded to Darshan Singh.
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