Sukhdev Singh & Another
v.
State Of Punjab
(Supreme Court Of India)
Special Leave to Appeal (Criminal) No. 8917 Of 2010 | 12-11-2010
1. The petitioner in this case was convicted under Section 302, IPC for committing murder of his wife Daljit Kaur and sentenced to life imprisonment. On appeal that sentence has been upheld by the Punjab & Haryana High Court by the impugned order dated 21st July, 2010. Now, this special leave petition has been filed under Article 136 of the Constitution of India challenging the aforesaid decision dated 21st July, 2010.
2. In our opinion, this is a clear case of brutal and barbaric murder of Daljit Kaur. According to the evidence of the doctor, Dr. Ranjit Singh, PW1, the deceased Daljit Kaur was first strangulated and thereafter burnt. The doctor's report shows that some of the bones of her neck have been fractured and there is bleeding on the neck. In our prima facie opinion, these could clearly not be self- inflicted injuries. Also, there are burns all over the body.
3. The depositions of the witnesses show that it was the petitioner, the husband of Daljit Kaur, who was present in the house when she died. There is evidence that Daljit Kaur was being ill-treated by her husband and was often beaten by him.
4. We have recently held in Criminal Appeal No. 1168 of 2005 decided on 28th October, 2010, titled Satya Narayan Tiwari @ Jolly & Another vs. State of U.P. that crimes against women are not ordinary crimes committed in a fit of anger or for property. They are social crimes. They disrupt the entire social fabric. Hence, they call for harsh punishment. In our opinion, crimes of the nature which has been committed in the present case outrage the modern conscience, and they belong to the rarest of rare category deserving death sentence.
5. Issue notice to the petitioner as to why his life sentence be not enhanced to death sentence. Petitioner shall also be at liberty to argue the case on merits.
Advocates List
For Petitioner(s) Mr. D.P. Singh, Ms. Avneet Toor, Mr. Sanjay Jain, Advocates. For the Respondent ------.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE MARKANDEY KATJU
HON'BLE MS. JUSTICE GYAN SUDHA MISRA
Eq Citation
(2010) 13 SCC 656
(2011) 2 SCC CRI 374
LQ/SC/2010/1226
HeadNote
Criminal Appeal — Murder — Conviction upheld by the High Court — Special Leave Petition filed — Accused/petitioner present in the house when the deceased died — Evidence of ill-treatment and beatings of the deceased by the accused — Prima facie case of brutal and barbaric murder — Directions to issue notice to the petitioner as to why his life sentence be not enhanced to death sentence and to argue the case on merits.