SUSHIL KUMAR Vs. STATE OF PUNJAB
LAWS(SC)-2009-9-3
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on September 01,2009

SUSHIL KUMAR Appellant
VERSUS
STATE OF PUNJAB Respondents





Cited Judgements :-

BHULAI VS. ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2012-1-209] [REFERRED TO]
MUZAFFAR KHAN ALIAS JAFARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-1-88] [REFERRED TO]
SUNIL DAMODAR GAIKWAD VS. STATE OF MAHARASHTRA [LAWS(SC)-2013-9-20] [REFERRED TO]
M.A. ANTONY @ ANTAPPAN VS. STATE OF KERALA [LAWS(SC)-2018-12-52] [REFERRED TO]
STATE OF MAHARASHTRA VS. PRAKASH VINAYAKRAO SHINGNAPURE [LAWS(BOM)-2013-1-88] [REFERRED TO]
STATE OF MAHARASHTRA VS. CHANDRAKANT VASANT AYARE [LAWS(BOM)-2015-2-185] [REFERRED TO]
MITHLESH KUMAR KUSHWAHA VS. STATE [LAWS(DLH)-2015-9-421] [REFERRED TO]
SHIV SHANKAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2017-6-47] [REFERRED TO]
SAMBHAJI S/O CHINDHUJI PACHARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-6-76] [REFERRED TO]
AMIT GARG VS. TABASSUM [LAWS(ALL)-2012-5-145] [REFERRED TO]
ALBER ORAON VS. STATE OF JHARKHAND [LAWS(SC)-2014-4-118] [REFERRED TO]
ILAYAPERUMAL VS. MADRAS CEMENTS [LAWS(MAD)-2013-11-51] [REFERRED TO]
AJAI ALIAS AJJU VS. STATE OF U P [LAWS(ALL)-2012-2-97] [REFERRED TO]
VIKRAM SINGH VS. STATE OF PUNJAB [LAWS(SC)-2010-1-74] [REFERRED TO]
VIKRAM SINGH AND ORS. VS. UNION OF INDIA (UOI) AND ORS. [LAWS(SC)-2015-8-46] [REFERRED TO]
MACHINDRA HARIBA MOHITE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-12-63] [REFERRED TO]
MUZAFFAR KHAN ALIAS JAFARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-1-66] [REFERRED TO]
SATYAPAL SINGH VS. FIRM SWASTIK PLAZA [LAWS(ALL)-2018-11-189] [REFERRED TO]
STATE OF GUJARAT VS. FATEHSINH ALIAS RAMBHAI RAMLAL CHAUHAN [LAWS(GJH)-2010-2-67] [RELIED ON]
RAGHU NATH AND ORS. VS. SURJA DEVI AND ORS. [LAWS(ALL)-2015-2-211] [REFERRED TO]


JUDGEMENT

Deepak Verma, J. - (1.)Life or death is the question involved in this appeal. Sole appellant Sushil Kumar alias Lucky has been awarded death sentence in Sessions Case No. 70 of 2006, by Additional Sessions Judge, Jalandhar vide judgment and order dated 13/17.4.2007 holding him guilty of commission of offence under Section 302 of Indian Penal Code (for short 'I.P.C.') on three counts, i.e., for committing murder of his wife Pooja, son Jatin (6 years) and daughter Sofia (4 years). However, he was acquitted of the offence punishable under Section 309, IPC. Feeling aggrieved thereof, appellant preferred Criminal Appeal No. 447-DB of 2007 in the High Court of Punjab and Haryana at Chandigarh and as required under law, Death Reference under Section 366 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was sent for confirmation to the High Court by the learned Additional Sessions Judge vide Murder Reference No. 3 of 2007.
(2.)Vide impugned judgment and order pronounced on 30.5.2008 by Division Bench of the High Court, Murder Reference No. 3 of 2007 has been answered against the appellant and capital punishment awarded to the appellant stands affirmed, as a necessary consequence thereof, Criminal Appeal No. 447-DB of 2007 filed by appellant stands dismissed. Hence, this appeal, but only against Murder Reference and not against the dismissal of his Criminal Appeal on merits. In other words, he is challenging only the capital punishment awarded to him and not the conviction under Section 302, IPC.
(3.)The genesis of the prosecution story was set at motion on the strength of telephonic information given to Police Station, Division No. 5, Jalandhar on 4.3.2005 by Mr. Ram Lal, Councillor of Basti Danishmandan about the incident, which triggered off the police in action. S.I. Onkar Singh (PW-11), Investigating Officer, reached the place of occurrence along with other police personnel, where he found Sukhdev Kumar (PW-2), brother of deceased Pooja, who gave details of the unfortunate incident. The information, as narrated by him, to PW-11, I.O. is mentioned hereinbelow :


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