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SC dismisses SLP against conviction for murder, in limine

The SC on May 18, 2020 {PARAMJIT KAUR @ SUKHWINDER KAUR v. THE STATE OF PUNJAB} held, as concurrently held by the Trial Court as well as by the High Court, that all the circumstances unerringly pointing to the guilt of the accused. 

The SC Bench, comprising of Justice R. BANUMATHIJustice INDU MALHOTRA & Justice ANIRUDDHA BOSE further observed that the case of the prosecution inter alia relies upon the circumstantial evidence namely: (i) that death of both Rakesh Kumar and Pooja was homicidal death; (ii) Evidence of PW-3 viz. Gurdev Singh who had last seen the deceased Rakesh Kumar along with co-accused viz. Billa and Gurbhej Singh @ Geja on Motor Cycle on 07.11.2010 at about 5.OO P.M.; (iii) Motive alleged against the petitioner and other co-accused is that they had grudge against Rakesh Kumar that he had love and friendship with deceased Pooja; (iv) Matching of foot mould found near the body which tallied with the accused Billa and Gurbhej Singh @ Geja and the petitioner; and (v) recovery of kappa made from the accused. The SC did not find any error in the findings recorded by the Courts below, requiring any interference.

In the present case, by the concurrent findings of the Trial Court as well as by the High Court, the petitioner-Paramjit Kaur @ Sukhwinder Kaur and other accused viz. Billa and Gurbhej Singh @ Geja were convicted under Section 302 IPC read with Section 120(B) IPC. The Trial Court had awarded death sentence to the accused which was commuted by the High Court to life sentence by the impugned judgment.

The SC held that having regard to the concurrent findings, the Court is not inclined to interfere with the impugned order. The special leave petition was, accordingly, dismissed, in limine.

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