As per case facts, Balbir Singh died in police custody after being illegally detained and brutally tortured by police officials, sustaining severe injuries including cervical fractures. When his condition deteriorated, ...
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
1. CRA-D No.140-DB of 2008 (O&M)
RAJINDER PAL ANAND
.....Appellant
VERSUS
CBI (STATE)
.....Respondent
2. CRA-D No.137-DB of 2008 (O&M)
VINOD KUMAR
.....Appellant
VERSUS
CENTRAL BUREAU OF INVESTIGATION
.....Respondent
3. CRA-S No.107-SB of 2008 (O&M)
JASDEV SINGH
.....Appellant
VERSUS
STATE OF PUNJAB
.....Respondent
4. CRA-D No.132-DB of 2008 (O&M)
CONSTABLE MOHINDER SINGH
.....Appellant
VERSUS
CBI (STATE)
.....Respondent
5. CRA-D No.87-DB of 2008 (O&M)
DARSHAN SINGH
.....Appellant
VERSUS
CBI (STATE)
.....Respondent
Reserved on: August 5
th
, 2025.
Pronounced on: September 15, 2025.
CRA-D No.140-DB of 2008 and other connected cases -2-
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
HON'BLE MR. JUSTICE H.S. GREWAL
Argued by: Mr. Vinod Ghai, Senior Advocate
with Arnav Ghai and Mr. Dhruv Trehan, Advocates
for the appellant (in CRA-D-140-DB-2008).
Mr. Naresh Gopal Sharma, Advocate
for the appellant
(in CRA-D-107 and 137-DB-2008).
Mr. Ghulam Nabi Malik, Advocate
for the appellant (in CRA-132-DB-2008).
Mr. Randeep Singh Waraich, Advocate
with Ms. Pawandeep Kaur, Advocate
for the appellant (in CRA-D-87-DB-2008).
Mr. Prateek Gupta, Advocate
for CBI.
Mr. Amit Rana, Senior Deputy Advocate General, Punjab.
H.S. GREWAL, J.
By this judgment, we dispose of the above-mentioned appeals
as they arise out of a common judgment of conviction dated 06.12.2007
and order of sentence dated 07.12.2007 passed by learned Additional
Sessions Judge, Patiala, whereby the appellants have been convicted and
sentenced as follows:
Offence
under
Section
Period of sentence Fine
imposed
Period of sentence
in default of
payment of fine
302/34 of
the IPC
Imprisonment for life,
each.
₹25,000/-
each
R.I. for three years
each.
120-B of
the IPC
R.I. for two years, each. - -
218 r/w
120-B of
the IPC
R.I. for two years, each. ₹1,000/-
each
R.I. for six months
each.
331/34 of
the IPC
R.I. for five years, each. ₹5,000/-
each
R.I. for one year
each.
342/34 of
the IPC
R.I. for six months, each. - -
364/34 of
the IPC
R.I. for ten years, each. ₹10,000/- R.I. for two years
CRA-D No.140-DB of 2008 and other connected cases -3-
each each.
201/34 of
the IPC
R.I. for three years, each. ₹5,000/-
each
R.I. for one year
each.
CASE OF THE PROSECUTION:
2. As per the case of the prosecution, Balbir Singh son of
Modan Singh, resident of Village Shahpur, Police Station Bhawanigarh,
District Sangrur (hereinafter referred to as ‘deceased’) died during police
custody. The case of the prosecution was initiated pursuant to an FIR
registered by the CBI on the basis of an order passed by this Court in
CRM-M-15496 of 1996, filed under section 482 of the Cr.P.C. by father
of the deceased. By the said order, the investigation was entrusted to the
CBI, which registered FIR No. RC-12(S)/97/SIU-XV/CHG dated
13.06.1997 under Sections 302/34 of the IPC and undertook an extensive
investigation.
3. During the course of its investigation, the CBI claimed to
have seized fabricated police records, medico-legal documents,
photographs of the recovery site (Exhibits PW-22/11 to PW-22/19), and
statements recorded by the Sub Divisional Magistrate (SDM).
4. According to the prosecution, on 27.07.1996, deceased was
illegally taken into custody by Inspector Rajinder Pal Anand (since
expired), then posted as Incharge, CIA Staff, Nabha. This detention was
allegedly in connection with an investigation into the theft of utensils and
other articles from Gurdwara Tibbi Sahib, Nabha, based on a complaint
filed by Gurmel Singh alias Panchi. It was alleged that during this illegal
detention, deceased was subjected to brutal physical torture by the police
officials, including ASI Rajpal Singh, Constables Darshan Singh,
Mohinder Singh, and Vinod Kumar, under the direction of Inspector
CRA-D No.140-DB of 2008 and other connected cases -4-
Rajinder Pal Anand.
5. The deceased reportedly sustained multiple injuries,
including bruises, fractures, and burn marks. When his condition
deteriorated severely, the police personnel allegedly attempted to obtain
medical assistance. He was first taken to a private nursing home, which
refused admission due to his critical condition. He was then briefly taken
to Civil Hospital, Nabha, where the medical staff declined treatment in the
absence of proper medico-legal formalities. Thereafter, in an alleged
attempt to erase evidence of custodial torture, the police took deceased in
an official Allwyn Nissan vehicle to the Thuhi canal bridge.
At approximately 4:30 pm on 28.07.1996, he was thrown alive into the
canal while in a grievously injured and incapacitated state.
6. Several persons engaged in kar sewa at an adjacent religious
site witnessed the incident and raised an alarm in an attempt to save the
victim/deceased. Despite their efforts, deceased-Balbir Singh succumbed
to his injuries and drowned. His body was recovered by local villagers on
29.07.1996.
7. A post-
mortem examination was conducted at
Civil Hospital, Nabha, by a Medical Board comprising Dr. Paramvir Singh
(PW-14), Dr. Rajesh Goel (PW-15), and Dr. Raminder Kaur Bedi (PW-
20). The Post-Mortem Report (Exhibit PA/15) noted multiple antemortem
injuries, including:
(i) extensive bruising on the hips and scapular region,
(ii) a burn mark on the right wrist,
(iii) bruises around the neck, axillae, and groin,
(iv) bruising on the left pinna, and
(v) fractures of multiple cervical vertebrae accompanied by
CRA-D No.140-DB of 2008 and other connected cases -5-
haemorrhage.
8. The cause of death was opined to be asphyxia due to
drowning, complicated by cervical spine injury and haemorrhagic shock.
Internal organs like the lungs, liver and spleen were found pale, indicating
internal bleeding. The stomach contained muddy water and sand particles,
confirming that the deceased was alive when thrown into the canal and
had drowned antemortem.
9. The Medical Board categorically opined that the injuries
could not have been self-inflicted or the result of an accidental fall, and
that the cervical injuries would have rendered the deceased incapable of
movement or escape. The presence of a burn mark was consistent with the
application of a heated object. These observations collectively led to the
medical conclusion that deceased had been tortured while in police
custody and later disposed of in a manner intended to obliterate evidence
of custodial abuse.
10. In response to medico-legal queries posed by the CBI
(Exhibit PA/16 and PA/17), the Medical Board affirmed that voluntary
jumping into the canal was medically implausible in light of the injury
pattern. It was also brought on record that Inspector Rajinder Pal Anand
was present during the post-mortem and allegedly attempted to influence
the doctors to modify their findings.
11. A magisterial inquiry was conducted by the then SDM,
Nabha, Kulbir Singh (PW-21), on the direction of the District Magistrate.
On 30.07.1996, he recorded the statements of ASI Rajpal Singh and
Constables Darshan Singh, Mohinder Singh, and Vinod Kumar. These
statements, marked as Exhibit PW22-X series, were written in their own
writing and bore their signatures. Although the statements did not
CRA-D No.140-DB of 2008 and other connected cases -6-
explicitly admit to causing deceased-Balbir Singh’s injuries, the police
officials acknowledged that they had taken him to the canal for recovery,
during which he allegedly jumped into the water.
12. To conceal the true circumstances of the death of the
deceased, the police allegedly concocted a false narrative. FIR No.65
dated 28.07.1996 under Section 380 of the IPC was registered at
Police Station Kotwali, Nabha, on the complaint of Gurmel Singh, falsely
implicating Balbir Singh (deceased) in a theft case. The investigation of
this FIR was entrusted to ASI Rajpal Singh, and it was shown that
Balbir Singh escaped during a recovery visit.
13. Simultaneously, FIR No.63 dated 28.07.1996 under Section
224 of the IPC was registered at Police Station Sadar, Nabha by ASI
Jasdev Singh, one of the appellants before this Court, alleging that the
deceased escaped from custody.
14. During its investigation, the CBI seized several entries from
the Daily Diary Register of Police Station Kotwali, Nabha. These entries
were alleged to be forged to falsely reflect the events surrounding the
custody of Balbir Singh and disappearance. Specifically:
DDR No. 21 dated 28.07.1996 (Exhibit PA/11), recorded at
3:15 pm, noted receipt of the complaint by Gurmel Singh.
DDR No.22 dated 28.07.1996 at 3:40 pm recorded the
registration of FIR No.65 and the assignment of the case to
ASI Rajpal Singh.
DDRs No.23 to 28 dated 28.07.1996 showed the arrest of
deceased at 4:15 pm, interrogation, recovery attempts, and
escape at 5:00 pm by jumping into the canal. Pursuant to the
order of this Court, dated 02.08.1996, in CRM-M-15496 of
CRA-D No.140-DB of 2008 and other connected cases -7-
1996, the CBI formally registered RC-12(S)/97/SIU-
XV/CHG dated 13.06.1997 (Exhibit PW-33/1).
15. After completing its investigation, the CBI filed a charge
sheet against Inspector Rajinder Pal Anand, ASI Rajpal Singh, ASI Jasdev
Singh and Constables Darshan Singh, Mohinder Singh and Vinod Kumar
and the accused were formally charged and committed to stand trial under
Section 302, 364, 331, 342, 201, 218 read with 120-B of the IPC.
16. The prosecution examined 34 witnesses in support of its case,
including:
PW-14 Dr. Paramvir Singh, PW-15 Dr. Rajesh Goel, and
PW-20 Dr. Raminder Kaur Bedi-members of the Medical
Board,
PW-21 Kulbir Singh, SDM, who conducted the magisterial
inquiry and proved the statements of the accused (Exhibit
PW-22/X-Series),
PW-28 Inspector Krishan Lal, CBI, who investigated the case
and proved the documentary evidence,
PW-33 Advocate Ranjan Lakhanpal, who had filed CRM-M
No.15496 of 1996 and proved the order of the High Court
(Exhibit PW-28/3).
17. The prosecution also relied on extensive documentary
evidence, including FIRs (Exhibit PA/12 and Exhibit PA/13), DDRs
(Exhibit PA/11 to PA/20), Post-Mortem Report (Exhibit PA/15), Medico-
Legal Reports (Exhibit PA/16 and PA/17), photographs (Exhibit PW-
22/11 to PW-22/19) and magisterial inquiry documents (Exhibit PW-
22/X-Series.
18. In their statements, recorded under Section 313 of the
CRA-D No.140-DB of 2008 and other connected cases -8-
Cr.P.C., all accused denied the allegations. Inspector Rajinder Pal Anand
claimed he merely assigned the case to ASI Rajpal Singh and had no role
in the custody or alleged torture of deceased. ASI Rajpal Singh contended
that deceased had voluntarily accompanied him and escaped during the
process of recovery. Accused-Constables Darshan Singh, Mohinder Singh
and Vinod Kumar maintained that deceased jumped into the canal during
their lawful custody. Accused ASI Jasdev Singh stated that he registered
FIR No.63 dated 28.07.1996 under Section 224 of the IPC based on
information from his superiors, without any intention to mislead or
fabricate records.
19. None of the accused explained the injuries observed in the
Post-Mortem Report or the signed statements recorded by the SDM,
which stood proved by PW-21 Kulbir Singh.
20. In defence, the following five witnesses were examined:
(i) DW-1 Jarnail Singh, cart driver, testified that he saw
deceased jump into the canal while in police custody.
(ii) DW-2 Harpal Singh, former Sarpanch, deposed that he was
informed of the incident by Jarnal Singh and took part in the search and
recovery of the body.
(iii) DW-5 Dr Harish Tuli, a private medical practitioner, opined
that the cervical fracture could have resulted from a fall and that drowning
could not be ruled out as the sole cause of death.
21. On a comprehensive appraisal of the evidence, the learned
trial Court held that the prosecution had succeeded in proving its case
beyond reasonable doubt. It held that the deceased had been illegally
detained and subjected to severe custodial torture from 27.07.1996,
resulting in grave injuries, including cervical fractures. He was thrown
CRA-D No.140-DB of 2008 and other connected cases -9-
into the canal in a critically injured and helpless state, leading to his
homicidal death.
22. The learned trial Court rejected the narrative of the defence of
escape and accidental drowning as false and unsubstantiated. The post-
mortem findings by a Government Medical Board ruled out accident or
suicide, confirming antemortem injuries consistent with custodial
violence.
23. DW-5 Dr. Harish Tuli’s testimony was found speculative and
inconsistent with the conclusions of the Medical Board.
24. Further, the trial Court held that the subsequent FIRs, DDR
entries, and recovery memos were fabricated in a concerted effort to create
a false exculpatory narrative. The post facto registration of FIRs under
Sections 223 and 224 of the IPC and the manipulated police records were
viewed by the trial Court as deliberate attempts to conceal the truth.
25. Accordingly, the learned trial Court convicted accused
Inspector Rajendra Pal Anand, ASI Rajpal Singh, Constables Darshan
Singh, Mohinder Singh and Vinod Kumar as detailed in the earlier part of
the judgment.
26. The defence plea for benefit of doubt was rejected, and the
Court held that the evidence of the prosecution, particularly the medical
and documentary evidence, was cogent, credible and unimpeached.
SUBMISSIONS ON BEHALF OF THE APPELLANT:
27. Learned senior counsel appearing for the appellants has
assailed their conviction under Section 302 of the IPC, contending that it
is legally unsustainable, being premised on presumptions, misreading of
CRA-D No.140-DB of 2008 and other connected cases -10-
medical evidence, and an erroneous appreciation of circumstantial facts.
The primary thrust of the submissions is being delineated under the
following heads:
(i) Entire case based on circumstantial evidence-no overt act
attributed.
Learned senior counsel submits that the case of the
prosecution is entirely predicated on a theory of custodial death, which
lacks any direct evidence. No witness has deposed to having seen the
accused assaulting, pushing or throwing the deceased into the canal. There
is neither recovery nor any confessional statement nor any forensic link
connecting the appellants to an act of commission leading to death. The
conviction of the appellants rests solely upon the presumption arising from
the “last seen theory”-i.e., that the deceased was last seen in police
custody. However, learned senior counsel submits that this presumption
stands completely rebutted by the medical evidence, the Post-Mortem
Report (Exhibit PA/15), entries in the Daily Diary Registers (DDRs), and
the absence of motive or causative nexus. The reliance by the trial Court
on the “last seen” theory without any corroboration is, thus, speculative
and untenable.
(ii) Medical evidence misappreciated-supports accidental
drowning, not homicide.
It is submitted that the entire edifice of the case of the
prosecution collapses upon a correct appreciation of the medical evidence,
which, rather than supporting a case of custodial drowning, torture, aligns
with the defence version of accidental death due to drowning.
The post-mortem was conducted on 29.07.1996 by a Board
comprising PW-14 Dr. Paramvir Singh, PW-15 Dr. Rajesh Goel, and PW-
CRA-D No.140-DB of 2008 and other connected cases -11-
18 Dr. Raminder Kaur. The unanimous conclusion of the Medical Board
was that the cause of death was asphyxia due to drowning, coupled with
injury to the cervical spine.
The presence of muddy water in the stomach and froth at the
nostrils was indicative of the deceased being alive at the time of entering
the canal.
In cross-examination, the doctors opined that injury No.6-a
fracture of the cervical vertebra-could have been sustained by falling from
a height of 18 to 23 feet onto a hard concrete surface, such as the canal
bed.
The wrist injury (injury No.2), according to the doctors, could
have resulted from routine activities such as cooking or handling utensils,
and was not suggestive of custodial violence or restraint.
PW-14 Dr. Paramvir Singh specifically affirmed that death
due to drowning following a fall into the canal was a distinct possibility.
PW-15 Dr. Rajesh Goel while referring to the authoritative medical
literature of Modi's Medical Jurisprudence reiterated that drowning is not
possible post-mortem.
PW-18 Dr. Raminder Kaur also confirmed that the deceased
was alive when he entered and could have died due to drowning after
sustaining the cervical injury.
28. It was further argued that even after seeking clarifications
from the Medical Board, the CBI did not receive any opinion attributing
the injuries to custodial torture. The defence also examined DW-5
Dr. Harish Tuli, an independent forensic expert, who corroborated the
findings of the Post-Mortem Report and categorically ruled out torture or
homicidal violence. His opinion-that drowning, coupled with a cervical
CRA-D No.140-DB of 2008 and other connected cases -12-
fracture caused by impact during a fall, was the most plausible
explanation-remained unshaken in cross-examination.
29. Learned senior counsel accordingly contended that the
medical evidence, being a precise and scientific source of proof, overrode
speculative inferences, especially in a case lacking direct evidence.
The conviction for murder, in the face of overwhelming medical
consensus pointing to accidental death, was, therefore, manifestly
erroneous.
Inquiry report of SDM-not proof of guilt:
30. Learned senior counsel argued that the inquiry conducted by
the SDM under Section 176 of the Cr.P.C. could not be relied upon to
prove criminal culpability. It was contended that such inquiries are
administrative in nature, conducted without administering oaths or
affording parties the right to cross-examination. Their purpose was limited
to ascertaining circumstances surrounding a custodial death and
recommending further inquiry, and certainly not to determine criminal
liability.
31. Learned senior counsel contended that in the present case, the
report of the SDM merely noted that Balbir Singh died in custody and that
the fracture of the cervical vertebra warranted further investigation. The
SDM did not fix responsibility on the appellants or attribute any specific
act of assault. In fact, the doctors examined by the SDM stated that a fall
into deep water could also cause such injuries. Thus, reliance on the
findings of the SDM, in absence of corroborative evidence, was wholly
misplaced.
Hostile witnesses-collapse of the prosecution case:
32. Learned senior counsel still further submitted that a
CRA-D No.140-DB of 2008 and other connected cases -13-
significant number of witnesses, including all material witnesses, PW-6 to
PW-11 namely Nazir Singh, Mewa Singh, Jagjit Singh, Jagtar Singh,
Gian Singh and Amritpal Singh respectively, PW-13 - Vijay Kumar
Trikha, PW-17 - Amarjit Singh Sidhuv, PW-19 – Harbans Singh and
PW21- Gulzar Singh respectively turned hostile during trial, and did not
support the version of the prosecution. Not a single one of them deposed
to any act of assault, coercion or violence by the police personnel. There
was no ocular testimony supporting the theory that the deceased was
thrown into the canal. In a case of alleged custodial torture, absence of
independent and credible public testimony as per the learned senior
counsel was fatal to the case of the prosecution.
Proven and corroborated DDRs-support the version of
the defence:
33. The sequence of events, as recorded in the DDRs, was
submitted to have been duly proved and consistent with the defence
version. Learned counsel submitted that these entries included a written
complaint received from Gurmel Singh, Granthi of Gurdwara Tibbi Sahib,
on 28.07.1996, alleging theft of utensils by Balbir Singh (deceased);
DDR No. 21 recorded at 3:15 pm, and DDR No.22 at 3:40
pm, noting registration of FIR No.65 under Section 380 of the IPC.
DDR No.23 recorded at 3:45 pm regarding the departure of
ASI Rajpal with constables Darshan Singh and the appellants and
Mohinder Singh to the Gurdwara for investigation.
DDR No.25 at 4:15 pm, recorded the arrest of Balbir Singh
from the Gurdwara and his return to the Police Station. It noted that Balbir
Singh was handcuffed, and the handcuff was attached to the belt of
appellant Mohinder Singh-standard custody protocol.
CRA-D No.140-DB of 2008 and other connected cases -14-
DDR No.27 at 4:35 pm recorded departure for recovery of
stolen items pursuant to the disclosure statement made by Balbir Singh.
34. The DDRs were proved through PW-12 Nirmal Singh, who
confirmed the entries and authenticated the handwriting. It was argued by
the learned senior counsel that the trial Court erroneously rejected the
DDRs citing overwriting in DDR No. 24 regarding timing (changed from
4:45 pm to 3:55 pm). However, this correction was minor, routine, and did
not affect the integrity of the sequence or the version of the defence. No
motive or benefit was attributed to the said correction.
35. It was also submitted that the appellant and others were
earlier prosecuted under Section 223 of the IPC for negligence in allowing
the accused to escape from custody, and were acquitted by the competent
Court vide judgment dated 04.05.1999. The said Court found that Balbir
Singh had escaped custody by slipping out of his handcuffs while the
vehicle was slowing down near a bullock cart on a narrow bridge, and that
the police had exercised due care.
Absence of motive:
36. Learned senior counsel argued that, in a case founded solely
on circumstantial evidence, motive assumes crucial importance. No
motive was suggested or established as to why the appellants, who are
trained police officers, would murder an accused in broad daylight,
particularly when the charge was of petty theft under Section 380 of the
IPC.
37. There was no allegation of enmity, prior conflict, or
extraneous influence, making the prosecution narrative highly improbable.
Presumption of custodial guilt rebutted:
38. Learned senior counsel lastly submitted that while the law
CRA-D No.140-DB of 2008 and other connected cases -15-
permits a presumption in cases of custodial death, such a presumption
arises only where the chain of circumstances is complete and unbroken.
39. In the present case, as per the learned senior counsel, the
chain is fractured at multiple points. The defence version, as per the
learned senior counsel, was medically supported and consistently
explained-that Balbir Singh, while attempting escape after the humiliation,
he would have suffered on account of the theft committed in the
Gurdwara, jumped into the canal, struck a pillar or structure during
descent, fractured his neck, and subsequently drowned. Learned senior
counsel asserted that this theory found support in the DDRs, the site plan,
medical evidence, and expert opinion.
40. A prayer was, therefore, made by the learned senior counsel
that since the burden of proof in a criminal case, lies with the prosecution
and must be discharged beyond reasonable doubt, the said burden had not
been met in the present case, entitling the appellants to be acquitted of the
charges framed against them.
SUBMISSIONS ON BEHALF OF THE RESPONDENT-
CBI:
41. Learned standing counsel for the CBI supported the
impugned judgment of conviction, by submitting that it was based on a
thorough and meticulous appreciation of evidence on record, both oral and
documentary, and, therefore, warranted no interference in appeal.
It was submitted that the case was a clear instance of custodial death, and
the conviction under Section 302 of the IPC stood firmly proved on the
following grounds:
Custodial death clearly proven-presumption arose:
CRA-D No.140-DB of 2008 and other connected cases -16-
42. Learned counsel contended that it was an admitted position
that the deceased, Balbir Singh, was last seen alive in the exclusive
custody of the appellants and other police personnel. He had been arrested
in connection with a theft case and was taken for a purported recovery of
stolen items when he allegedly “escaped” and was later found dead in the
canal.
43. It was argued that the defence version that the deceased
jumped into the canal and drowned was wholly speculative and
unsupported by contemporaneous official records. No DDR or FIR was
immediately registered recording the escape. The FIR concerning the
escape was registered only after the body was recovered, indicating
post-facto attempts at justification rather than genuine, preventive or
responsive action. The delay in recording such critical information created
a serious dent in the credibility of the narrative set out by the defence and
pointed to concealment.
44. It was argued that in such cases, where a person dies while in
the exclusive custody of police, and where the explanation offered is
neither immediate nor satisfactory, the law permits a presumption of
culpability, shifting the onus on to the custodial authorities to provide a
plausible explanation. It was submitted that in the present case, no such
explanation had been credibly or timely furnished.
Antemortem injuries consistent with custodial torture:
45. Learned counsel further contended that the medical evidence
does not exonerate the accused but, on the contrary, supports the case of
the prosecution. The Post-Mortem Report proved as (Exhibit PA/15)
recorded the following antemortem injuries on the person of the deceased,
including bruising and, notably, a fracture of the cervical vertebra (injury
CRA-D No.140-DB of 2008 and other connected cases -17-
No.6):
46. While the medical cause of death was stated to be asphyxia
due to drowning, learned counsel submitted that this did not negate the
occurrence of physical assault preceding the drowning. The presence of
significant injury to the cervical region raised the possibility that the
deceased was subjected to custodial torture prior to his death.
47. It was submitted that in cases of custodial violence, the
occurrence of injuries-especially unexplained injuries to vital parts-is a
critical factor. In the present case, the prosecution had shown that the
deceased was alive in custody and died under suspicious circumstances
soon thereafter. The burden to explain the cause of such injuries lay on the
accused; however, no plausible or medically consistent explanation was
forthcoming.
SDM inquiry-independent fact-finding supporting the
case of the prosecution:
48. Learned standing counsel submitted that the inquiry by the
SDM, conducted promptly under Section 176 of the Cr.P.C., constituted
an important piece of contemporaneous and independent fact-finding. The
said report, dated 08.08.1996 and proved through PW-22 ___, recorded
statements of various persons including local villagers, Panchayat
members, and police officials.
49. The report of the SDM clearly established the fact that the
deceased was in police custody at the time of the alleged incident.
Notably, it was recorded that Balbir Singh was handcuffed and attached
by chain to appellant Constable Mohinder Singh-thereby rendering the
CRA-D No.140-DB of 2008 and other connected cases -18-
theory of escape implausible. Furthermore, the report found glaring
inconsistencies in the version given by the police and noted that no
injuries were found on the wrists of the deceased-a circumstance
incompatible with the alleged handcuffing.
50. The SDM also noted that certain members of the police team,
including MHC Jaspal Singh, were not named in the departure register,
indicating manipulation and attempts to conceal the actual events.
Statements recorded in the inquiry also revealed that Balbir Singh was
forcibly lifted and thrown into the canal by police personnel. While the
report of the SDM may not, by itself constitute proof of guilt, learned
counsel contended that it corroborated the version of the prosecution and
provided valuable insight into the immediate aftermath and official
response to the incident.
Unbroken chain of circumstantial evidence establishing
guilt:
51. It was still further submitted that the learned trial Court
rightly found that the prosecution had succeeded in establishing a
continuous and unbroken chain of circumstances pointing unmistakably to
the guilt of the accused. These circumstances included:
(i) The deceased was last seen alive in the exclusive custody of
the accused;
(ii) He was taken for recovery and never returned;
(iii) No contemporaneous DDR or FIR recorded the alleged
escape;
(iv) The recovery of the dead body from the canal occurred the
following morning, pursuant to information by local
CRA-D No.140-DB of 2008 and other connected cases -19-
villagers;
(v) Antemortem injuries were found on the body, for which no
adequate explanation was offered;
(vi) The entire sequence of post-incident police conduct clearly
appeared to be contrived and oriented toward fabricating a
cover-up, rather than reflecting genuine official action.
52. In view of the above facts, learned counsel submitted that the
circumstances unerringly pointed to custodial violence leading to the death
of the deceased. The conviction under Section 302 of the IPC, therefore,
was both legal and factually justified.
Hostility of witnesses would not undermine the case of the
prosecution:
53. It was next contended that although several public witnesses
turned hostile during trial, this did not ipso facto vitiate the prosecution
case. The learned trial Court rightly appreciated that hostility in cases
involving police officials is not unusual, owing to intimidation, fear or
influence.
54. The conviction was based not merely on the testimony of
witnesses but was reinforced by medical and forensic evidence, the
inherent inconsistencies in the case of the defence, and the absence of any
plausible alternative explanation from the accused. Learned counsel
argued that it is well settled that a Court is entitled to rely upon credible
portions of the testimony even of hostile witnesses and to assess the entire
evidence in a holistic manner. In the present case, it was asserted that the
trial Court had done so with due care.
Legal presumption in custodial death cases-accused failed
CRA-D No.140-DB of 2008 and other connected cases -20-
to rebut:
55. Learned counsel submitted that the law is well-settled that in
cases of custodial death, where the deceased was last seen in the exclusive
custody of the police and death subsequently occurred under suspicious
circumstances, the burden shifts on to the accused to offer a satisfactory
and credible explanation as to how the deceased had died while in police
custody. More so, the deceased was to be chained with Constable
Mahinder Singh with his belt. It has not been explained that at what time
Constable Mahinder Sigh opened his belt, released the chain and opened
the handcuffs of the deceased, which could enable the deceased to jump
out of the police vehicle, escape from the hands of four police officials
and jump into the canal. This aspect has not been explained by the
appellants.
56. The police officials had been influencing the trial as well,
which can be presumed from the fact that the prosecution witnesses, who
were stated to be the eyewitnesses, resiled from their statements before the
Court and did not support the version of prosecution. Even the
complainant, who had filed Criminal Misc. Petition and got the order of
registration of the case was also won over by the appellants to the extent
that he further moved an application before this Court through his counsel
to withdraw the petition and also for seeking recall of the order for
registration of the case against the appellants.
57. Now the fact which is to be determined by us is whether the
deceased had been thrown into the canal or he escaped from custody of
police and jumped into the canal. To examine this aspect, the injuries
which were noticed on the dead body of deceased during postmortem are
CRA-D No.140-DB of 2008 and other connected cases -21-
again required to be looked into. The postmortem on the dead body of
deceased was conducted by a Medical Board comprising of various
doctors including Dr. Rajesh Goel, SMO/Incharge Civil Hospital, Nabha
(PW15). The following injuries were noticed by the Medical Board:
1. An area of 6" x 8" of pinkish blue bruising were present
over the anterior lateral aspect of x right hip.
2. A 1 cm. x .5 cm. burn mark was present over the dorso
medial aspect of right wrist just over the lower end of
ulna.
3. A pinkish blue bruising was present over the left pinna.
4. Multiple bruising of pinkish blue colour and different
sizes and shape were present over the buttocks, back,
left scapular region and knit back of neck.
5. Pinkish blue irregular shaped bruises were present in
both the axillae and joints.
6. On dissection cranium meninges were found healthy on
dissection of neck, multiple vertebrae were fractured
and haematoma was seen in the facial compartment of
the neck.
58. From a perusal of above injuries, a burn mark was found
present over the dorso medial aspect of right wrist just over the lower end
of ulna. The injuries were declared tobe antemortem in nature. It is also
opined that the cervical spine injury is possible even before or after
jumping into the canal. Therefore, this injury could be possible before the
deceased entering the water of the canal. The question is that could a
person with such an injury escape from police custody and jump into the
canal water. The case put up by the defence is that the injury has been
CRA-D No.140-DB of 2008 and other connected cases -22-
caused due to falling/landing on the bed of the bridge from where the
deceased is stated to have jumped into the canal. It has come in the cross-
examination of PW-15 that injury No.6 can be caused as a result of falling
of the deceased from the top of the bridge and striking on the hard
concrete surface neck-wise. PW15 further deposed that drowning can be
the result of falling again from the hard concrete surface/bed of the bridge
into the canal. He also deposed that injuries except injury No.2, could be
result of falling if one jumps from the bridge on the hard bed/surface and
buttocks part strikes on the hard surface/bed of the bridge.
59. If we try to picture the scenario, the injuries on the person of
deceased are on the neck as well on the buttocks. In case he had jumped,
he should have landed on his legs into the canal water, however, the
injuries are not in consistence with jumping from bridge as there is no
injury on his legs. Secondly, in case the deceased had dived into the water,
then he could have injured his neck as made out in injury No.6, however,
in that case, the injury on his buttocks would remain inexplicable. It is,
therefore, more probable that deceased was thrown/tossed from the bridge.
60. Another fact which has come on record and as mentioned in
the FIR is that on 22.07.1996, Rajender Pal Singh, Inspector had arrested
the deceased. Thereafter, he was brutally tortured by the appellants, as a
result of which, he suffered multiple fractures including fracture in his
spine. Thereafter, the condition of Balbir Singh-deceased deteriorated and
Rajender Pal Singh, Inspector alongwith his staff took him to a private
nursing home, however, the doctor of the said nursing home refused to
admit him. Thereafter, he was taken to Civil Hospital, where he was not
admitted by the police party to avoid the proof of injuries. Thereafter, on
28.08.1996, since the deceased was tortured to certain extent that he could
CRA-D No.140-DB of 2008 and other connected cases -23-
not recover, the appellants decided to throw him into the canals and
concoct a story of escaping from custody. The incident of the deceased
falling/jumping into the canal is recorded as 5:00 PM on 28.07.1996 vide
DDR No.28 (Ex.PA/7). Vide DDR No.29 dated 28.07.1996, the police
party left for searching the deceased/accused at 5:10 PM. One police party
left for search on a private motorcycle at 05:20 PM as is recorded in DDR
No.29 dated 28.07.1996. Vide DDR No.49 dated 28.07.1996, Inspector
Rajender Pal Singh returned to police station at 04:00 AM (Ex.PA/10).
Vide DDR No.43 dated 28.07.1996 at 4:30 AM, the remaining police
party also returned to police station (Ex.PA/11). Vide DDR No.15 dated
29.07.1996 at about 01:00 PM, DSP Nabha received a letter, as per which,
ASI Raj Pal Singh, Constable Mahinder Singh and Constable Darshan
Sigh were suspended from service owing to negligence in their duties.
Vide DDR No.6 dated 29.07.1996 (Ex.PA/13) at 08:30 A.M. Surjeet
Singh ASI alongwith police party proceeded to search for the dead body
of deceased. Inspector/SHO Rajender Pal Singh alongwith his staff also
left searching for the dead body at 09:05 AM as is recorded in DDR No.8
dated 29.07.1996. As per the FIR, the deceased was arrested on
22.07.1996, whereas the FIR under Section 380 IPC against the deceased
was registered on 28.07.1996 at Police Sation Kotwali, Nabha. The case
regarding theft of utensils is registered at 03:15 PM; at 04:05 PM, the
accused is shown arrested; at 04:30 PM they proceeded for effecting
recovery and at 05:00 PM deceased jumped into the canal. DDR No.43
dated 28.07.1996 shows the time as 04:30 AM when the police officials
returned back, who have been shown to have departed vide DDR No.27
dated 29.07.1996 for effecting recovery. The factum of jumping into the
canal is recorded in DDR No.28 dated 28.07.1996 at 5:00 PM. All these
CRA-D No.140-DB of 2008 and other connected cases -24-
dates and times are incorrectly mentioned as coming back after recovery is
shown at 4:30 AM on 28.07.1996. All these things show that false and
fake entries have been made in the Daily Diary Register in order to cover
the lapses and guilt of the appellants, which sufficiently proves that the
deceased had neither escaped from custody nor had he jumped into the
canal; rather he was thrown into the canal by the appellants.
61. In view of the facts and scenario as noticed and discussed
above, we do not find any merits in the instant appeals and the same are
accordingly dismissed. The judgment of conviction dated 06.12.2007 and
order on quantum of sentence dated 07.12.2007 are hereby sustained and
upheld.
62. The Chief Judicial Magistrate, Patiala is directed to take
necessary steps to ensure that the appellants are taken into custody and
made to undergo the remaining sentence in accordance with law.
63. All other misc. application(s), if any, also stand(s) disposed of
accordingly.
(MANJARI NEHRU KAUL)
JUDGE
(H.S. GREWAL)
September 15, 2025. JUDGE
Puneet
/Rajender
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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