Supreme Court Reinstates Murder Conviction in Punjab Honor Killing Case image for SC Judgment dated 06-02-2024 in the case of State of Punjab vs Gurpreet Singh & Others
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Supreme Court Reinstates Murder Conviction in Punjab Honor Killing Case

The Supreme Court of India has reinstated the murder conviction of Gurpreet Singh in a case of alleged honor killing, overturning the acquittal granted by the Punjab and Haryana High Court. The case, which involved the brutal murder of Amarjit Kaur, was initially tried in the Sessions Court, where Gurpreet Singh was convicted under Section 302 of the Indian Penal Code (IPC) and sentenced to life imprisonment. However, the High Court later acquitted him and his co-accused, citing inconsistencies in witness testimonies. The State of Punjab subsequently appealed against this acquittal, leading to the present ruling by the Supreme Court.

Background of the Case

The case revolves around the murder of Amarjit Kaur, which took place on July 18, 2012. According to the prosecution, the primary accused, Gurpreet Singh, was previously married to Kirandeep Kaur, the daughter of the complainant, Gursewak Singh. The marriage ended in divorce in 2011, and Kirandeep later moved to Australia. Gurpreet Singh allegedly harbored resentment against Amarjit Kaur, believing that she was responsible for his failed marriage, which disrupted his aspirations of settling in Australia.

On the day of the incident, Gurpreet Singh, along with his co-accused, allegedly entered the house of Gursewak Singh. Armed with a pistol, Gurpreet Singh shot Amarjit Kaur under her right ear at close range. The incident was witnessed by Gursewak Singh and his younger daughter, Harmandeep Kaur, who later provided key testimonies in court.

Read also: https://judgmentlibrary.com/supreme-court-reduces-sentence-in-pocso-case-citing-rehabilitation-and-family-impact/

Arguments by the Prosecution

  • The prosecution relied on the testimonies of eyewitnesses, particularly Gursewak Singh and Harmandeep Kaur, who were present at the scene of the crime.
  • Forensic evidence, including the recovery of a 12-bore country-made pistol along with live cartridges, was presented as proof of Gurpreet Singh’s involvement.
  • Gurpreet Singh had a clear motive for the murder, as he blamed the victim for his divorce and the loss of his opportunity to move to Australia.
  • The crime was committed in broad daylight, and the sequence of events was consistent with the witness testimonies.

Arguments by the Defense

  • The defense questioned the reliability of the eyewitness testimonies, arguing that their presence at the scene was doubtful.
  • They pointed out inconsistencies in the timeline of events, suggesting that Gursewak Singh was not at home at the time of the incident.
  • They argued that Harmandeep Kaur’s testimony was suspect, as she was married and was not expected to be residing at her parental home.
  • The defense contended that no Test Identification Parade (TIP) was conducted, weakening the prosecution’s case.

Supreme Court’s Observations

1. Credibility of Witness Testimonies

The Court upheld the credibility of the testimonies provided by Gursewak Singh and Harmandeep Kaur, ruling that their presence at the scene of the crime was natural and not contrived. The Court dismissed the High Court’s reasoning that a married daughter would not be residing with her parents.

2. Prompt Lodging of FIR

The Supreme Court noted that the First Information Report (FIR) was lodged within minutes of the incident, reducing the likelihood of a fabricated narrative. The call to the police was made at 1:40 p.m., and officers arrived at the scene by 3:15 p.m., further corroborating the prosecution’s claims.

3. Motive for the Crime

The Court found that the prosecution had established a strong motive for the crime. Gurpreet Singh’s desire to settle in Australia was thwarted by his divorce, and he blamed Amarjit Kaur for this. This motive was supported by multiple witness statements.

4. Recovery of Murder Weapon

The Court found the recovery of the murder weapon significant. The pistol was found at a location disclosed by Gurpreet Singh himself, and forensic tests linked the weapon to the crime.

Final Judgment

  • The Supreme Court reinstated the murder conviction of Gurpreet Singh under Section 302 IPC, overturning the High Court’s acquittal.
  • It directed Gurpreet Singh to surrender immediately to serve his life sentence.
  • The acquittal of co-accused Kashmira Singh, Jagdeep Singh, and Harpreet Singh was upheld due to lack of direct evidence linking them to the crime.

Legal and Social Implications

1. Importance of Eyewitness Testimonies

The judgment reaffirms that credible eyewitness testimonies, when corroborated by forensic evidence, can form the basis for conviction even in the absence of independent third-party witnesses.

2. Significance of FIR Timing

The ruling highlights the importance of prompt FIR filing, as it strengthens the prosecution’s case and minimizes the chances of fabrication.

3. Motive and Criminal Intent

The case underscores the role of motive in criminal trials, showing that a strong motive, when supported by evidence, can significantly impact the outcome of a case.

4. Justice for Victims of Honor Killings

This judgment sets a precedent in cases of honor killings, where perpetrators often target individuals based on perceived grievances related to family and personal decisions.

Conclusion

The Supreme Court’s decision to reinstate Gurpreet Singh’s conviction marks a significant moment in Indian criminal jurisprudence. By placing emphasis on witness credibility, forensic evidence, and motive, the Court has reinforced the principles of justice and accountability. This ruling not only ensures justice for the victim’s family but also serves as a deterrent against crimes driven by personal vendettas.

Read also: https://judgmentlibrary.com/supreme-court-quashes-dowry-harassment-case-over-lack-of-specific-allegations/


Petitioner Name: State of Punjab.
Respondent Name: Gurpreet Singh & Others.
Judgment By: Justice Surya Kant, Justice K.V. Viswanathan.
Place Of Incident: Punjab.
Judgment Date: 06-02-2024.

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