As per case facts, on April 26, 2002, Jaspal Singh and Narinder Singh (deceased) were attacked by appellants Rajbir Singh , Jagjiwan Joshi and a co-accused with 'sua' weapons in ...
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
101
1. CRA-D-286-DB-2004
Date of decision: 11.08.2025
Rajbir Singh alias Dhola .....Appellants
Versus
State of Punjab .....Respondent
2. CRA-D-317-DB-2004
Date of decision: 11.08.2025
Jagjiwan Joshi alias Sonu alias Rocky .....Appellant
Versus
State of Punjab .....Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
HON'BLE MR. JUSTICE H.S. GREWAL
Present : Mr. G.S. Ghuman, Advocate
for the appellant in CRA-D-286-DB-2004.
Mr. Inderjit Sharma, Advocate and
Mr. Aman Sharma, Advocate as Amicus Curiae
for the appellant in CRA-D-317-DB-2004.
Mr. Mohit Kapoor, Sr. DAG, Punjab.
****
MANJARI NEHRU KAUL, J.
1. The instant Criminal Appeals are directed against the
judgement of conviction and order of sentence both dated 04.03.2004
passed by learned Sessions Judge, Amritsar, whereby accused Mahavir
Singh along with appellants, Rajbir Singh @ Dhola and Jagjiwan Joshi
@ Sonu @ Rocky, were convicted under Section 302 read with Section
34 of the IPC, for causing the death of Narinder Singh @ Goldy and
sentenced accordingly.
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -2-
Brief Background of the Case
2. According to the prosecution on 26.04.2002, a police party
headed by SI Yogi Raj, PW-12, was present at Ghaa Mandi Chowk,
Amritsar, in connection with routine patrolling in an official gypsy. At
that time, PW-6 Jaspal Singh (complainant) made a statement before SI
Yogi Raj which formed the basis of FIR (Ex.PL). PW-6 Jaspal Singh
stated that he was engaged in fruit business in shops No.47-48 at the
Sabzi Mandi. At about 11.00 A.M. that day, he along with his maternal
uncle's son Narinder Singh @ Goldy (hereinafter referred to as
'deceased') son of Amar Singh, was proceeding towards the market in
connection with business work. When they reached near a seed shop in
Sabzi Mandi, close to Ganda Nallah, three accused—Rajbir Singh @
Dhola (armed with a sua), Mahavir Singh (armed with a sua) and
Jagjiwan Joshi @ Sonu @ Rocky (armed with a sua)—arrived there.
3. Allegedly, accused Rajbir Singh @ Dhola (appellant in
CRA-D-286-DB-2004) raised a lalkara stating, “Goldy Nun Pharh
Lao. Jo Is Naal Sada Jhagra Hoya see. Is Nun Us Daa Mazaa
Cchakhaa Deo.” Immediately thereafter, appellant Jagjiwan Joshi @
Sonu @ Rocky inflicted a sua blow on the left side of Goldy's head.
Rajbir Singh @ Dhola followed with another sua blow on the head of
Goldy, allegedly with an intention to kill. Goldy collapsed on the
ground. When PW-6 Jaspal Singh raised an alarm, all three accused
assaulted him with their respective suas, causing him injuries.
4. On hearing the commotion, PW-8 Saudagar Singh son of
Joginder Singh, and other persons from the vicinity gathered. The
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -3-
assailants, however, managed to flee with their respective weapons.
PW-6 Jaspal Singh further stated that on the previous day (25.04.2002)
there had been a quarrel between the deceased and the accused persons
over some business matter, which was compromised with the
intervention of the respectables, but the accused bore a grudge and
attacked them the next day. On this statement (Ex.PF), PW-12 SI Yogi
Raj made an endorsement (Ex.PF/2) and sent it to the police station,
where formal FIR (Ex.PF/3) was registered by SI Randhir Singh. PW-
12 SI Yogi Raj proceeded to the spot, prepared a rough site plan
(Ex.PO) at the instance of PW-6 Jaspal Singh, and recorded the
statement of eyewitness PW-8 Saudagar Singh, under Section 161 of
the Cr.P.C. PW-6 complainant Jaspal Singh, found injured, was also
advised to get him medically examined.
5. The Investigating Officer PW-12 SI Yogi Raj then visited
Ajit Hospital, Amritsar, and moved an application (Ex.PB/1) seeking
medical opinion on the fitness of the deceased to make a statement. The
attending doctor, vide Ex.PB, declared that the condition of the
deceased was critical and life threatening, and he was unfit to give any
statement.
6. On 27.04.2002, SI Yogi Raj again visited the hospital and
sought a medical examination of the deceased, who was still declared
unfit vide Ex.PA. and certified by PW-7 Dr. Ajit Singh Randhawa, vide
Ex.PA/2 as having sustained a brain injury, dangerous to life.
7. The investigation led to the arrest of the accused :
accused/appellant Jagjiwan Joshi @ Sonu @ Rocky was produced by
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -4-
his brother on 28.04.2002 and arrested; accused-appellant Rajbir Singh
@ Dhola was arrested on 30.04.2002 after his discharge from the
hospital, and he pointed out the place of occurrence.
8. On 01.05.2002, upon receiving information that the
deceased had succumbed to his injuries, PW-12 SI Yogi Raj recorded a
DDR (Ex.PF/4), adding Section 302 of the IPC, and sent special report
to superior officers. He prepared the inquest report (Ex.PK), sent the
dead body for post-mortem through Head Constable Devinder Singh
and Constable Satwant Singh, and later took into possession the cloths
of the deceased (shirt Ex.P2, trousers, Ex.P3 and underwear Ex.P4)
vide memo Ex.PQ, sealing them with seal “YR”.
9. The third accused Mahavir Singh (who expired subsequent
to the passing of the impugned order and qua whom appeal-CRA-D-
318-DB-2004 has abated), surrendered before the Court on 11.05.2002
and was arrested by PW-10, ASI Lakhbir Singh. Pursuant to a
disclosure statement made by accused Mahavir Singh, a sua was
recovered vide Ex.PH/2. The bed head ticket of the deceased (Ex.PG)
was got from Ajit Hospital. It also transpired during investigation that
accused Mahavir Singh received injuries allegedly caused by the public
while intervening during the occurrence.
10. Upon completion of investigation, the challan was
presented before the Illaqa Magistrate. Thereafter, the case was
committed to the Court of Sessions and the learned Sessions Court
framed charges as follows:
●Accused Mahavir Singh and accused Jagjiwan Joshi @
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -5-
Sonu @ Rocky were charged under Section 302 of the IPC;
and
●Accused Rajbir Singh @ Dhola under Section 302 read
with 34 of the IPC.
11. The charges were read over and explained to the accused to
which they pleaded not guilty and claimed trial.
12. In order to substantiate the charges, the prosecution
examined as many as 14 witnesses, namely Dr. Sawinder Singh PW-1
who attended upon the deceased on 27.04.2002 at Ajit Hospital; he
declared the deceased unfit for statement vide Ex.PA on Police
Application (PA/1), Dr. Vaneet Kumar PW-2, who attended the
deceased on 26.04.2002 upon his admission with multiple injuries and
opined vide Ex.PB that the patient was unfit for statement due to a
grave and life-threatening condition. HC Devinder Singh PW-3,
Constable Mukhtiar Singh PW-4, Constable Rana Partap Singh PW-13
were formal witnesses who tendered affidavits Ex.PC, Ex.PD and
Ex.PS respectively. PW-5, Rishi Ram, Draftsman prepared the scaled
site plan (Ex.PE) of the place of occurrence at the instance of the
police.
13. PW-6 Jaspal Singh, complainant and injured eyewitness,
reiterated his statement as recorded in the FIR, giving an ocular account
of the assault on the deceased and himself.
14. Dr. Ajit Singh Randhawa PW-7, proved that deceased was
admitted on 26.04.2002 at 12.50 P.M. in a deeply unconscious state,
with two penetrating wounds on the left side of the head, fracture of the
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -6-
left temporal bone subarachnoid, haemorrhage, and multiple brain
injuries. He declared brain injuries dangerous to life vide Ex.PA/2. This
witness further stated that the patient succumbed on 01.05.2002 at
05.17 P.M. and produced the bed head ticket Ex.PG.
15. PW-8 Saudagar Singh, eyewitness, corroborated the
version given by PW-6 Jaspal Singh.
16. PW-9 Ashwani Singh @ Pappu deposed that about a year
prior, there had been a dispute between the accused and the
complainant party over purchase of bananas, which was compromised
without the police being intimated.
17. PW-10 ASI Lakhbir Singh and PW-12 SI Yogi Raj,
Investigating Officers, deposed regarding the steps taken during
investigation, arrests, recoveries, and proved memos prepared by them.
18. Dr. Gurmanjit Rai PW-11 conducted the post-mortem on
the dead body of the deceased and proved the report Ex.PN. As per the
post-mortem report, the injuries, included two penetrative wounds near
the left ear and forehead, along with multiple bruises. Cause of death
was compression of the brain due to injuries No.1 and 2, which were
sufficient in the ordinary course of nature to cause death.
19. PW-14 Dr. Bikramjit Singh proved the medico legal report
(Ex.PT), recording two incised wounds on the left side of the head.
20. After examination of PW-14 Dr. Bikramjit Singh, the
prosecution closed the evidence.
21. The accused were examined under Section 313 of the
Cr.P.C. on the incriminating circumstances appearing against them.
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -7-
They denied the allegations, pleaded false implication, and opted to
lead defence evidence.
22. In defence, the accused examined six witnesses i.e. DW-1
Dr. Sukhwinder Singh, who proved MLR (Ex.DD), regarding injuries
on accused Jagjiwan Joshi on 28.04.2002, which included a stitched
wound on the skull, abrasions and infected wounds. Some injuries were
kept under observation; the rest were opined simple, with blunt and
sharp weapons involved.
23. DW-2 Darshan Singh produced the bed head ticket of
Rajbir Singh from Guru Nanak Dev Hospital.
24. DW-3 Dr. Mohinder Singh, who conducted X-ray
examination of accused Rajbir Singh, detecting a fracture of the shaft of
the left tibia and other injuries without fracture.
25. DW-4 Dr. Amarjit Singh proved MLR (Ex.DW4/A) of
accused Rajbir Singh dated 26.04.2002, recording multiple incised
wounds, bruises, abrasions, and one grievous injury No.19, caused by a
sharp edged weapon, alongside other simple injuries caused by blunt
and pointed weapons.
26. Dr. Deepak Gupta appeared as DW-5 and deposed that
accused Rajbir Singh was admitted to the emergency was on
26.04.2002 and discharged on 30.04.2002 after treatment. He produced
bed head ticket (Ex.DW-5/A).
27. Lastly, DW-6 Jaswant Singh was examined, who deposed
that accused Jagjiwan Joshi was not known by the nick names “Sonu”
or “Rocky”.
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -8-
28. During trial, all the accused submitted their written
statements. In his written statement, accused Rajbir Singh @ Dhola
alleged false implication, claimed that the injuries on the deceased were
caused in exercise of the right of private defence, and that police failed
to act on their statements. Accused Mahavir Singh claimed that he
surrendered voluntarily after learning of the FIR and denied his
involvement in the occurrence. Accused Jagjiwan Joshi @ Sonu @
Rocky denied that he was nick named “Sonu” or “Rocky”, he denied
any dispute with the deceased, and alleged false implication in
connivance with the complainant party.
29. The learned Trial Court, on the basis of the evidence led,
including the testimonies of the eyewitnesses PW-6 Jaspal Singh and
PW-8 Saudagar Singh as well as the medical evidence on record, found
that the case of the prosecution stood proved beyond reasonable doubt.
The defence's plea of right of private defence was rejected. The learned
Trial Court convicted the accused and sentenced them as follows:-
Name of the
accused
Offence(s)
under
Section
Period of
sentence
Fine
imposed
Period of sentence
in default of
payment of fine
Rajbir Singh
@ Dhola
302 of the
IPC
Imprisonment
for life
Rs.1,000/- RI for 06 months
Jagjiwan Joshi
@ Sonu @
Rocky
302 of the
IPC
Imprisonment
for life
Rs.1,000/- RI for 06 months
Mahavir Singh 302 read
with Section
34 of the IPC
Imprisonment
for life
Rs.1,000/- RI for 06 months
Submissions on Behalf of Appellant Rajbir Singh @ Dhola
30. Learned counsel for the appellant has challenged the
impugned judgement on facts as well as on law, urging that the
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -9-
conviction and sentence imposed are wholly unsustainable. The
submissions made by the learned counsel were as follows.
31. It was contended that as per the prosecution, complainant
Jaspal Singh alleged that on 26.04.2002 at about 11.00 A.M., he was
accompanied by his maternal uncle's son, Narinder Singh @ Goldy
(deceased), in connection with some business work when the present
appellant and the co-accused armed with sua arrived at the spot.
Appellant Rajbir Singh allegedly raised a lalkara to catch the deceased
and teach him a lesson for fighting with them. Subsequently, co-
convict/appellant Jagjiwan Joshi @ Sonu @ Rocky gave a sua blow to
the deceased on the left side of his head followed by appellant Rajbir
giving another blow with an intent to kill. Learned counsel argued that
it is highly improbable that in a busy market, the appellants would have
mustered the courage to inflict the injuries as have been projected by
the prosecution and would have thereafter fled from the spot with their
weapons.
32. It was argued that as per the case of the prosecution, there
had been some quarrel between the parties on 25.04.2002 and the
matter had been compromised. Once the matter had been compromised
a day prior to the occurrence, there was no question of the accused
party attacking the complainant party and inflicting injuries on the
deceased as well as injured PW-6 Jaspal Singh. It was further argued
that as per the case of the prosecution, the occurrence took place on
26.04.2002, however, the FIR was registered only at 01.00 P.M. under
Section 307 and 34 of the IPC; deceased died on 01.05.2002 and
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -10-
thereafter the offence was enhanced to Section 302 of the IPC. Learned
counsel emphasised that in fact, it was the complainant party which had
initiated the occurrence and it was in their right of self-defence that the
complainant party received injuries; as per the medical evidence on
record, as many as 24 injuries were sustained by appellant Rajbir Singh
which were caused by blunt weapons and these injuries were consistent
with their plea that it was the complainant party who in fact were the
aggressors. It was argued that all these injuries on the appellant needed
to be appreciated in the light of only two injuries being caused to the
deceased and that too in exercise of the right of private defence.
33. Learned counsel submitted that the prosecution had
miserably failed to explain the injuries on the accused. The prosecution
witnesses, during their testimony fails to give any explanation with
respect to the injuries sustained by the accused party. This omission
cast serious doubt on their presence at the scene and on the truthfulness
of their testimony. It was further argued that in the FIR, the
complainant claimed that during the occurrence brick bats were hurled
at the accused. However, when cross-examined, the complainant
admitted that he had not seen any brick bats lying on the ground. This
contradiction, as per the learned counsel clearly pointed to the falsity of
the prosecution version. It was also argued that a fabricated version
having been brought forth while registering the FIR was evident from
the fact that there was a delay of two hours in recording the FIR and
this delay naturally afforded ample opportunity for the complainant
party to concoct a false narrative.
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -11-
Submissions on Behalf of Appellant Jagjiwan Joshi @ Sonu @
Rocky
34. Learned counsel for the appellant has assailed the findings
recorded by the learned Trial Court, contending that the impugned
judgement suffers from serious infirmities and ignores material
evidence on record. The submissions made by the learned counsel are
summarised as follows:
35. It is submitted that the appellant was never known by the
nicknames “Sonu” or “Rocky”, contrary to the case set up by the
prosecution. In support, learned counsel has drawn the attention of this
Court to Ex.DH—a copy of the chargesheet in FIR No.127 dated
30.08.2000, Police Station A Division, Amritsar, under Sections 323,
324, 325/34 IPC—and Ex.DH/1—a photocopy of the FIR therein—
which clearly show that “Sonu” was in fact the nickname of Jagjit
Singh, brother of the deceased Goldy, who was an accused in that
earlier case. It has been, therefore, asserted that the appellant had been
falsely implicated in the present case on the basis of some misguided
suspicion.
36. Learned counsel further argued that DW-6 Jaswant Singh
corroborated the factum of the appellant not being known by either of
the nicknames “Sonu” or “Rocky”, which in turn corroborates the fact
that the appellant was not even remotely connected with the occurrence
in question. It has been argued that this crucial piece of evidence was
erroneously ignored by the learned Trial Court while passing the
impugned judgement.
37. The next argument by the learned counsel was with respect
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -12-
to PW-6 Jaspal Singh, complainant. It was argued that PW-6 Jaspal
Singh was a related and interested witness, having close association
with the deceased. His testimony, was not free from bias and ought to
have been approached with caution the Court. The learned Trial Court,
however, relied upon it uncritically.
38. Learned counsel also drew the attention of the Court to
certain improvements, which as per him were material and demolished
the core of the prosecution case. He argued that these contradictions
and embellishments were sufficient to discredit the version of the
prosecution, yet were ignored by the learned Trial Court (??) While
further drawing the attention of the Court to the medical evidence, it
was argued that it was at variance with the ocular testimony; the post-
mortem revealed incised wounds on the deceased, whereas the alleged
weapon used was a “sua”, from which such incised wounds could not
ordinarily result. This incongruity, as per the learned counsel shook the
very foundation of the case of the prosecution.
39. It was also argued that the occurrence allegedly took place
on 26..04.2002, while the deceased succumbed to injuries on
01.05.2002—i.e. after a lapse of five days. This time gap, as per the
learned counsel, clearly indicated the absence of intention to cause
death. At best, the offence made out against the appellant would be
under Section 325 of the IPC or Section 304/304A of the IPC, not
under Section 302 of the IPC.
40. It was lastly argued that the prosecution had miserably
failed to explain the injuries sustained by the accused party, which is a
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -13-
serious lacuna. The appellant himself suffered as many as seven
injuries, proved through DW-1 Dr. Sukhwinder Singh. Additionally,
DW-4 Dr. Amarjit Singh deposed that even co-appellant, Rajbir Singh
sustained 24 injuries and on account of the injuries sustained, Rajbir
Singh was hospitalised on the very same day. As per the learned
counsel, this collective evidence clearly pointed that the defence
version of the complainant party being the aggressors could not be
ruled out and that the prosecution had tried to suppress the genesis of
the incident.
Submissions on Behalf of the State
41. Learned counsel for the respondent-State, on the other
hand, submitted that conviction of the appellants has been supported by
sufficient incriminating evidence led by the prosecution and the learned
Trial Court has, therefore, rightly convicted the appellants. The ocular
evidence in the form of testimony of eyewitnesses PW-6 Jaspal Singh
and PW-8 Saudagar Singh gave positive inference and corroborated
with the medical evidence on record of Dr. Gurmanjit Rai (PW-11).
42. Learned State counsel submitted that the entire case of the
prosecution rests on the eyewitness account of PW-6 Jaspal Singh and
PW-8 Saudagar Singh, who had entirely supported the case of the
prosecution. While stepping into the witness box, the eyewitnesses had
categorically deposed that the crime in question was committed near
grain market—a public place, the attack by the appellants invited the
attention of general public present at that time; the public gathered at
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -14-
the time of commission of crime, in order to save the deceased, threw
brick bats upon the appellants. The appellants have made an
unsubstantiated suggestion that the appellants were also inflicted
injuries, however, no evidence much less, suggestion had been adduced
by them that the injuries suffered on their person were at the hands of
the complainant party.
Findings of the Court
43. Having heard the learned counsel for the parties at length,
examined the impugned judgement, and scrutinised the evidence and
other material on record, including the depositions of material
witnesses, we now proceed to evaluate whether any infirmity,
perversity, or misapplication of law warrants interference with the
conclusions drawn by the learned Trial Court.
44. The first limb of argument by appellant Rajbir Singh @
Dhola is, that the injuries inflicted upon the deceased were in exercise
of the right of private defence. This plea, in our considered view, is
wholly unsubstantiated. A mere assertion, unsupported by consistent
cross-examination of prosecution witnesses or cogent defence evidence,
is insufficient to establish such a plea.
45. It is trite that the right of private defence must be pleaded
and proved with specificity, including the circumstances giving rise to
such apprehension, the imminence of the threat, and the proportionality
of the response. The appellants have neither demonstrated when the
alleged right arose nor how it was exercised within lawful bounds. The
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -15-
cross-examination of prosecution witnesses, particularly upon both the
eyewitnesses, PW-6 Jaspal Singh and PW-8 Saudagar Singh, is
conspicuously silent on any suggestion that the accused were attacked
first. It needs to be reiterated that the burden to establish the
circumstances justifying the right lies on the accused, failing which the
plea must be rejected.
46. Further, the learned counsel for the appellants strenuously
argue that non-explanation of injuries on the accused persons is fatal to
the case of the prosecution. The record indeed discloses that certain
injuries were present on accused Rajbir Singh and Jagjiwan Joshi, as
proved through their defence witnesses, DW-1 Dr. Sukhwinder Singh
and DW-4 Dr. Amarjit Singh. However, the law is well settled that the
failure of the prosecution to explain injuries on the accused is not
invariably fatal, particularly where the evidence of the prosecution
comes across as cogent, credible, and proves the guilt beyond
reasonable doubt.
47. It may be emphasised that the obligation to explain such
injuries arises only when the injuries are serious, unexplained, and cast
doubt on the version of the prosecution. Here, the evidence of PW-6
Jaspal Singh and PW-8 Saudagar Singh provides a plausible
explanation—that brick bats were hurled at the accused by onlookers
during the occurrence—while the defence has not impeached this
version in any meaningful way, much less by putting any suggestion to
both these prosecution witnesses during their cross-examination to
create any kind of a dent in the plausible explanation so given by both
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -16-
these witnesses.
48. Moreover, minor injuries (like the ones sustained by the
accused appellants which also includes one grievous injury on appellant
Rajbir Singh) or those explained by credible circumstances, do not
undermine an otherwise reliable case of the prosecution. The reliance
placed by the learned Trial Court on these credible circumstances
including minor injuries was correct and, therefore, requires no
interference.
49. The case of the prosecution hinges substantially on the
direct testimony of PW-6 Jaspal Singh and PW-8 Saudagar Singh.
Learned counsel for the appellants vehemently argued that since PW-6
Jaspal Singh was related to the deceased, he was an interested witness.
However, mere relationship does not ipso facto render a witness
unreliable. A relative is often the most natural witness to an occurrence
involving a family member. The key test is whether the evidence is
consistent, credible and withstands cross-examination—which in the
present case, it does.
50. The so-called improvements and omissions in their
statements of both these eyewitnesses are peripheral and do not strike at
the root of the version of the prosecution. The medical evidence is
broadly consistent with the ocular testimony, and the minor semantic
discrepancy regarding the classification of the weapon (sua being
described as causing incised wounds) is neither implausible nor fatal.
51. The prosecution has successfully established that all three
appellants acted in concert. The prior dispute, the armed presence of all
CRA-D-286-DB-2004 & CRA-D-317-DB-2004 -17-
accused, the lalkara by appellant Rajbir Singh, the coordinated attack,
and the infliction of injuries on vital parts of the body, cumulatively
point to a pre-concert and shared intention to cause death. The learned
Trial Court has rightly convicted all the accused including appellants
Rajbir Singh and Jagjiwan Joshi under Sections 302 of the IPC and
sentenced accordingly.
52. In view of the foregoing discussions, both the appeals are
hereby dismissed.
(MANJARI NEHRU KAUL )
JUDGE
(H.S. GREWAL)
JUDGE
11.08.2025
Vinay
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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