Case Note & Summary
The appellant, Khushwinder Singh, was convicted by the Sessions Court for the murder of five persons and attempt to murder one, under Sections 302, 307, 201, and 380 IPC. The prosecution case was that the appellant, motivated by greed to steal Rs.37,00,000/- from the complainant's family, deceitfully lured the victims to a canal under the pretext of performing a religious ritual ('Dhala') and pushed them into the canal. The sole survivor, Jasmeen Kaur (PW-5), narrated the incident. The appellant also administered sleeping pills to three victims earlier. The dead bodies were recovered, and stolen money was found at his instance. The High Court confirmed the conviction and death sentence. The Supreme Court, in appeal, examined the circumstantial evidence, including the testimony of PW-5, recovery of money and dead bodies, and the appellant's conduct. The court held that the chain of circumstances was complete and pointed only to the guilt of the appellant. The court also upheld the death sentence, categorizing the case as 'rarest of rare' due to the brutal, premeditated murders of innocent persons, including children, and the appellant's lack of remorse. The appeals were dismissed.
Headnote
A) Criminal Law - Circumstantial Evidence - Multiple Murders - Motive of Greed - The appellant was convicted for murdering five persons and attempting to murder one, driven by greed to misappropriate Rs.37,00,000/-. The court held that the chain of circumstantial evidence was complete and consistent with the guilt of the accused, rejecting the defence of false implication. (Paras 1-10) B) Criminal Law - Death Penalty - Rarest of Rare Cases - The court affirmed the death sentence, noting the brutal and diabolical nature of the murders, the helplessness of the victims (including children), and the lack of any mitigating circumstances. The case fell within the 'rarest of rare' category. (Paras 11-15)
Issue of Consideration
Whether the conviction and death sentence imposed on the appellant for multiple murders under Section 302 IPC and other offences are sustainable on the basis of circumstantial evidence.
Final Decision
The Supreme Court dismissed the appeals, upholding the conviction and death sentence imposed by the Sessions Court and affirmed by the High Court.
Law Points
- Circumstantial evidence
- motive
- death penalty
- Section 302 IPC
- Section 201 IPC
- Section 380 IPC
- Section 307 IPC
- Section 164 CrPC
- Section 173 CrPC
- Section 207 CrPC
- Section 264 IPC
