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2008 DIGILAW 1136 (PNJ)

State of Punjab v. Sushil Kumar @ Lucky

2008-05-30

A.N.JINDAL, UMA NATH SINGH

body2008
JUDGMENT Uma Nath Singh, J.:-In the light of aforesaid authoritative pronouncements laying down guidelines to be followed in cases of death sentence, on a careful reading of facts; minute analysis of evidence on records, and due consideration of rival submissions, we notice the following special reasons to hold that this case has acquired enormity of that kind which brings it in the rarest of rare category and for those reasons, we accept death reference and confirm death sentence: 1) Enormity of offence is punctuated by killing of three helpless victims being none else than wife and two children of the accused namely Pooja, son Jatin and daughter Sofia, in a gruesome, diabolical and dastardly manner in dead of night when they were asleep. Accused used a large size knife having blade of 8½ inches with handle of 3½ inches. He used the knife with brutality of butcher. He selected only vital parts of body like breasts of his wife and daughter and chest of his son. When he attacked his wife with knife, his son aged only 6 years, got up, therefore, in order to quell his opposition and screaming, the accused tied his hands on back and then gave fatal knife blows into his chest. Similarly, he also caused knife blows into his daughter’s breast. To ensure further that they were not left alive, even after causing a number of incised wounds on vital parts, he strangulated them with a rope and killed them on the spot. Thus, this offence was committed in such a gruesome manner that it has utterly shocked the common conscience of community. 2) Accused was suspecting infidelity on the part of his wife and for that reason he committed this offence in a pre-planned and premeditated manner without giving a wind of it during its commission. 3) Instead of showing any remorse, the accused tried to create alibi by getting himself admitted in hospital on a false statement before Doctor regarding suspected poisoning by consuming sulphas tablets. 4) This is not a case of sentimental killing as the accused having called up his brother-in-law complainant Sukbdev Kumar (PW2) with a sense of accomplishment, asked him to go and see in his house and after the complainant had seen three dead bodies lying on bed, he called him up again and asked him in Punjabi ‘Kiddan’ which means ‘how has it been. 5) Even after committing offence of triple murder, the accused appeared least disturbed and was in full command of his senses when he called up his brother­ in-law, the complainant (PW2) twice. Moreover, every time he avoided to face pointed questions from the complainant and abruptly disconnected the phone connection. This appears to be an unfortunate case of killing where the accused was feeling relieved with a sense of achievement irrespective of killing of his wife and two children in a diabolical manner. 6) One day prior to occurrence, the accused had told his mother-in-law Pushpa (PW5) to take her daughter along, or else he will kill her. Accused, thereafter, carried the threat to its logical conclusion in a cold blooded way. In view of the aforesaid discussion, we accept Murder Reference No.3 of 2007 and confirm the death sentence. Resultantly, Crl. Appeal No. 447-DB of 2007 (Sushil Kumar @ Lucky versus State of Punjab) stands dismissed. ———————