Punjab and Haryana High Court confirms death sentence of man who kidnapped, murdered 7-year-old

The Punjab and Haryana High Court recently upheld the death penalty awarded to a man who had murdered a 7-year-old in 2010 after kidnapping him for ransom [State of Punjab vs Sukhjinder Singh @ Sukha]..The division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said the gruesome murder of child exemplified dehumanised and “monster like conduct” of the convict Sukhjinder Singh @ Sukha.“As such, for the reasons above, and, also for the well made reasons by the learned trial Judge concerned, in his sentencing the convict- appellant to capital punishment, this Court accepts the Murder Reference. The death sentence imposed upon the convict-appellant, by the learned convicting Court, thus is confirmed,” the Court said..According to the prosecution, Singh had kidnapped Hardik Sharma and then demanded ₹4 lakh from the kid's father Davinder Sharma as ransom.After the victim’s father expressed his inability to pay the amount, Singh reduced the demand to ₹2 lakh. He also said that amount should be placed near a room at a bus stand. Even though the money was placed as per the directions given by Singh, the child was never returned. He was later found dead..Singh was convicted by an Additional District and Sessions Judge in December 2013 and sentenced to death. He then moved the High Court against the verdict. A reference was also made by the trial court for confirmation of the death sentence.After evaluating the evidence, the Court took note of the statement of a witness who had last seen the child with Singh. In this regard, it observed that since no challenge had been made to the witness statement in cross-examination, it could be inferred that the defence had conceded that the witness had seen the victim and accused together in the vicinity of the crime scene.“The effect thereof is but naturally, qua the apposite last seeing together theory, as espoused by PW-12, thus acquiring the firmest evidentiary vigour,” the Court held..The Court also referred to the disclosure statements made by Singh which had led to the recovery of many items including money and books of the victim.“The recoveries of moneys, as made through recovery memos (supra) at the instance of the convict to the investigating officer concerned, are to be construed to be the recovery(ies) of ransom money(ies), as became demanded, and, also became received by the convict- appellant,” it said..Interestingly, hair had been found in the hands of the victim child when his body was found. It later matched with Singh’s hair and forensic examination revealed that hair had similar characteristics.“Therefore, the report (supra) of the DNA specialist, as carried in Ex. P-35, does completely prove the charges drawn against the accused. In addition, it supports the prosecution's theory, hence as became propagated through PW-12 qua the apposite last seeing together, thus of the concerned, in proximity to the crime site, and, in proximity to the discovery therefrom of the dead body,” said the Court as it upheld the conviction..Punjab and Haryana High Court confirms death penalty of man who killed his wife, kids and sister-in-law.Senior Deputy Advocate General Maninder Singh represented the State of Punjab.Advocates HS Mann, GK Sarabha, Avneet Kaur and Kirandeep Kaur represented the convict.[Read Judgment]