CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

IN THE HIGH COURT

(I)

Ajay Kumar

State of Punjab

(II)

Jasbir Singh @ Mitha

State of Punjab

CORAM:

Present:

GURVINDER SINGH GILL, J.

1. This judgment shall dispose of above

151-DB-2004 filed by

Singh @ Mitha,

10.12.2003

accused/appellants

(O&M) &

(O&M)

( 1 )

IN THE HIGH COURT FOR THE STATES

AT CHANDIGARH

CRA

Ajay Kumar

Versus

State of Punjab

CRA

Jasbir Singh @ Mitha

Versus

State of Punjab

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Mr. Jasraj Singh, Advocate, for

Mr. J.B.S.Gill, Advocate,

for the appellant in CRA-D-151

Mr. Jasraj Singh, Advocate, as Amicus Curiae,

for the appellant in CRA-D-183

Mr. Sidharth Attri, AAG, Punjab.

GURVINDER SINGH GILL, J.

This judgment shall dispose of above-mentioned

2004 filed by Ajay Kumar and CRA

Singh @ Mitha, as both are directed against the

10.12.2003 passed by learned Sessions Judge,

/appellants namely Ajay Kumar and Jasbir Singh @ Mitha

FOR THE STATES OF PUNJAB & HARYANA

AT CHANDIGARH

CRA-D-151-DB-2004 (O&M)

… Appellant

... Respondent

CRA-D-183-DB-2004 (O&M)

… Appellant

... Respondent

Date of Decision: 27.05.2025

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

JUSTICE JASJIT SINGH BEDI

Jasraj Singh, Advocate, for

151-DB-2004.

Mr. Jasraj Singh, Advocate, as Amicus Curiae,

183-DB-2004.

AAG, Punjab.

mentioned two appeals i.e. CRA-D

Ajay Kumar and CRA-D-183-DB-2004 filed by Jasbir

are directed against the same very judgment dated

Sessions Judge, Hoshiarpur, whereby both the

Ajay Kumar and Jasbir Singh @ Mitha have been

D-

Jasbir

dated

both the

have been

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

held guilty of having committed offence under Section 302

34 IPC and ha

pay a fine amounting to Rs.

2. The matter arises out of FIR No.

Garhshankar, District Hoshiarpur, under Sections 302 & 377 IPC

the instance of

statement (Ex.PA)

“I am resident of Village Goppalpur, P.S. Rajpura, District Patiala

last 4 years, I have been managing the property of Dera Sant Baba Santokh

Singh, Shahpur, P.S. Garhshankar, Hoshiarpur. Today

about 3.00 PM, when I alongwith

and bring reeds, we came across

12/13 years lying near the bushes. The dead body was naked and bore

injuries on head and forehead and it appeared that some unknown person had

committed unnatural offence with the said boy.

and a blood stained handkerchief were lying near the dead body. I strongly

believe that some unidentified person

murdered the boy

Singh near the dead bod

report when you met me on the way. I have got my statement recorded.

Action be taken.

3. Inspector Jasbir Singh (PW

the same to the Police

Inspector Jasbir Singh accompanied by ASI Bhupinder Singh and other

police officials

present alongwith dead body. A rough site plan of the place of

was prepared. Photographs of the place of occurrence were also taken.

blood stained stones, a blood stained handkerchief, a pair of slippers, a

(O&M) &

(O&M)

( 2 )

held guilty of having committed offence under Section 302

IPC and have been sentenced to undergo imprisonment for life and also to

pay a fine amounting to Rs.10,000/- each.

matter arises out of FIR No.1 dated 04.01.2003 registered at P.S.

Garhshankar, District Hoshiarpur, under Sections 302 & 377 IPC

instance of Gurmit Singh. The translated gist of

statement (Ex.PA) reads as under:

I am resident of Village Goppalpur, P.S. Rajpura, District Patiala

last 4 years, I have been managing the property of Dera Sant Baba Santokh

gh, Shahpur, P.S. Garhshankar, Hoshiarpur. Today

about 3.00 PM, when I alongwith Jarnail

and bring reeds, we came across dead body of an unknown boy aged about

12/13 years lying near the bushes. The dead body was naked and bore

injuries on head and forehead and it appeared that some unknown person had

committed unnatural offence with the said boy.

and a blood stained handkerchief were lying near the dead body. I strongly

believe that some unidentified person,

murdered the boy by inflicting injuries on his head with stones

Singh near the dead body and was proceeding to the police station to lodge

report when you met me on the way. I have got my statement recorded.

Action be taken.”

Inspector Jasbir Singh (PW-17), after recording the aforesaid statement, sent

the same to the Police Station for lodging FIR

Inspector Jasbir Singh accompanied by ASI Bhupinder Singh and other

police officials proceeded to the place of occurrence where

present alongwith dead body. A rough site plan of the place of

was prepared. Photographs of the place of occurrence were also taken.

blood stained stones, a blood stained handkerchief, a pair of slippers, a

held guilty of having committed offence under Section 302 read with Section

been sentenced to undergo imprisonment for life and also to

1 dated 04.01.2003 registered at P.S.

Garhshankar, District Hoshiarpur, under Sections 302 & 377 IPC lodged at

The translated gist of Gurmit Singh’s

I am resident of Village Goppalpur, P.S. Rajpura, District Patiala. Since the

last 4 years, I have been managing the property of Dera Sant Baba Santokh

gh, Shahpur, P.S. Garhshankar, Hoshiarpur. Today i.e. 04.01.2003 at

Jarnail Singh had gone to forest to reap

dead body of an unknown boy aged about

12/13 years lying near the bushes. The dead body was naked and bore

injuries on head and forehead and it appeared that some unknown person had

committed unnatural offence with the said boy. Two blood stained stones

and a blood stained handkerchief were lying near the dead body. I strongly

after committing unnatural sex, ha

by inflicting injuries on his head with stones. I left Jarnail

y and was proceeding to the police station to lodge

report when you met me on the way. I have got my statement recorded.

, after recording the aforesaid statement, sent

Station for lodging FIR (Ex.PDD). Thereafter,

Inspector Jasbir Singh accompanied by ASI Bhupinder Singh and other

proceeded to the place of occurrence where Jarnail Singh was

present alongwith dead body. A rough site plan of the place of occurrence

was prepared. Photographs of the place of occurrence were also taken. Two

blood stained stones, a blood stained handkerchief, a pair of slippers, a

read with Section

been sentenced to undergo imprisonment for life and also to

1 dated 04.01.2003 registered at P.S.

lodged at

Gurmit Singh’s

. Since the

last 4 years, I have been managing the property of Dera Sant Baba Santokh

04.01.2003 at

had gone to forest to reap

dead body of an unknown boy aged about

12/13 years lying near the bushes. The dead body was naked and bore

injuries on head and forehead and it appeared that some unknown person had

Two blood stained stones

and a blood stained handkerchief were lying near the dead body. I strongly

had

left Jarnail

y and was proceeding to the police station to lodge

report when you met me on the way. I have got my statement recorded.

, after recording the aforesaid statement, sent

Thereafter,

Inspector Jasbir Singh accompanied by ASI Bhupinder Singh and other

Jarnail Singh was

occurrence

Two

blood stained stones, a blood stained handkerchief, a pair of slippers, a

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

match-box, a wrapper of

possession. Blood stained soil was also lifted from the spot. Inquest

proceedings were conducted. The dead body was sent for post

examination. Statements of the witnesses were recorded.

4. It is further the

through public audio system from Gurdwara of the

identification of

the Police Station

son-in-law Pammi @ Paramjit and his daughter Rajni went to the Police

Station Garhshankar

Gogi son of Joga Ram

over a panchayatnama

Mitha (accused)

Ram (father of deceased Gurpreet @ Gopi) suspected that Jasbir Singh @

Mitha and Ajay Kumar were involved in disappearance of his son Gurp

Singh @ Gogi, he convened a Panchayat on 01.01.2003 wherein Jasbir Singh

@ Mitha and Ajay Kumar had been given 8 days’ time to trace out Gurpreet

@ Gopi.

5. Both the a

interrogation on

suffered separate

effect that

confined him in

scooter to the forest and killed him by inflicting injuries with stones and

kirpan. Pursuant to the said disclosure statements, both the accused

(O&M) &

(O&M)

( 3 )

box, a wrapper of ‘beeri’ (cigarette)

possession. Blood stained soil was also lifted from the spot. Inquest

proceedings were conducted. The dead body was sent for post

examination. Statements of the witnesses were recorded.

It is further the case of prosecution that pursuant to

through public audio system from Gurdwara of the

identification of dead body of unknown boy aged about 12/13 years

the Police Station, Garhshankar, Joga Ram

law Pammi @ Paramjit and his daughter Rajni went to the Police

Station Garhshankar and identified the dead body to be of Gurpreet Singh @

son of Joga Ram. As per prosecution

panchayatnama (Ex.PE) alongwith a letter written by Jasbir Singh @

Mitha (accused) to the police. As per the said

Ram (father of deceased Gurpreet @ Gopi) suspected that Jasbir Singh @

Mitha and Ajay Kumar were involved in disappearance of his son Gurp

Singh @ Gogi, he convened a Panchayat on 01.01.2003 wherein Jasbir Singh

@ Mitha and Ajay Kumar had been given 8 days’ time to trace out Gurpreet

accused were arrested on 04.02.2003.

interrogation on 06.02.2003, accused Ajay Kumar

separate disclosure statements (Ex.

effect that after enticing Gurpreet Singh @ Gogi on 25.12.2002, they

confined him in a cycle khokha (kiosk) and later on

scooter to the forest and killed him by inflicting injuries with stones and

Pursuant to the said disclosure statements, both the accused

and a trouser etc. were taken into

possession. Blood stained soil was also lifted from the spot. Inquest

proceedings were conducted. The dead body was sent for post-mortem

examination. Statements of the witnesses were recorded.

on that pursuant to an announcement made

through public audio system from Gurdwara of the village regarding

boy aged about 12/13 years, lying in

, Joga Ram, his younger brother Surjit, his

law Pammi @ Paramjit and his daughter Rajni went to the Police

and identified the dead body to be of Gurpreet Singh @

prosecution, thereafter the Panchayat handed

longwith a letter written by Jasbir Singh @

to the police. As per the said panchayatnama, since Joga

Ram (father of deceased Gurpreet @ Gopi) suspected that Jasbir Singh @

Mitha and Ajay Kumar were involved in disappearance of his son Gurpreet

Singh @ Gogi, he convened a Panchayat on 01.01.2003 wherein Jasbir Singh

@ Mitha and Ajay Kumar had been given 8 days’ time to trace out Gurpreet

04.02.2003. During the course of

06.02.2003, accused Ajay Kumar and Jasbir Singh @ Mitha

s (Ex.PO & Ex.PQ respectively) to the

after enticing Gurpreet Singh @ Gogi on 25.12.2002, they

and later on they took him on a

scooter to the forest and killed him by inflicting injuries with stones and

Pursuant to the said disclosure statements, both the accused led the

were taken into

possession. Blood stained soil was also lifted from the spot. Inquest

mortem

made

regarding

lying in

, his

law Pammi @ Paramjit and his daughter Rajni went to the Police

and identified the dead body to be of Gurpreet Singh @

Panchayat handed

longwith a letter written by Jasbir Singh @

, since Joga

Ram (father of deceased Gurpreet @ Gopi) suspected that Jasbir Singh @

reet

Singh @ Gogi, he convened a Panchayat on 01.01.2003 wherein Jasbir Singh

@ Mitha and Ajay Kumar had been given 8 days’ time to trace out Gurpreet

During the course of

and Jasbir Singh @ Mitha

to the

after enticing Gurpreet Singh @ Gogi on 25.12.2002, they

they took him on a

scooter to the forest and killed him by inflicting injuries with stones and

led the

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

police to the

confined Gurpreet Singh and the forest where they

out the same

was also taken into possession

residential house of Jasbir Singh @ Mitha

statement, accused Jasbir Singh @ Mitha also got recovered a

was also taken into possession vide recovery memo Ex.PU

6. Upon conclusion of investigation, challan

accused i.e. Jasbir

Court of SDJM, Garhshankar,

Sessions vide order dated

framed charges against

Sections 302

not guilty and claimed trial.

7. The prosecution in order to establish its case examined as many as

The gist of their testimonies is

PW-1 Gurmit Singh stated that on

and when he was on his way, he saw a dead body of

of 12/13 years, which was naked and bore injuries on the head and

forehead.

lying near the dead body and that he went back to the Dera Sant Baba

Santokh Singh. Thereafter, while he was on his way to police station,

he met the police on the way before whom he got his state

(Ex.PA) recorded. He stated that the inquest proceedings were

conducted in his presence.

PW-2 Jarnail Singh

Gurmit Singh when they came across dead body of a boy, which bore

(O&M) &

(O&M)

( 4 )

police to the said nominated places i.e.

Gurpreet Singh and the forest where they

out the same. One Bajaj Chetak Scooter bearing registration No.

was also taken into possession vide recovery memo Ex.PT

residential house of Jasbir Singh @ Mitha

statement, accused Jasbir Singh @ Mitha also got recovered a

was also taken into possession vide recovery memo Ex.PU

Upon conclusion of investigation, challan

i.e. Jasbir Singh @ Mitha and Ajay Kumar

Court of SDJM, Garhshankar, who committed the case to the Court of

Sessions vide order dated 24.04.2003. Learned Sessions Judge, Hoshiarpur

framed charges against both the accused for offences punishable

Sections 302 and 377 IPC on 20.05.2003 to which both the accused pleaded

not guilty and claimed trial.

The prosecution in order to establish its case examined as many as

The gist of their testimonies is being briefly referred to herein

Gurmit Singh stated that on 04.01.2003, he had gone to cut the reeds

and when he was on his way, he saw a dead body of

of 12/13 years, which was naked and bore injuries on the head and

forehead. He further stated that some blood stained stones were also

lying near the dead body and that he went back to the Dera Sant Baba

Santokh Singh. Thereafter, while he was on his way to police station,

he met the police on the way before whom he got his state

(Ex.PA) recorded. He stated that the inquest proceedings were

conducted in his presence.

Jarnail Singh stated that on 04.01.2003, he was accompanying

Gurmit Singh when they came across dead body of a boy, which bore

said nominated places i.e. khokha (kiosk) where they had

Gurpreet Singh and the forest where they had killed him by pointing

Scooter bearing registration No.PB-20-4480

vide recovery memo Ex.PT from the

residential house of Jasbir Singh @ Mitha. Pursuant to his disclosure

statement, accused Jasbir Singh @ Mitha also got recovered a kirpan, which

was also taken into possession vide recovery memo Ex.PU.

Upon conclusion of investigation, challan was presented against both the

Singh @ Mitha and Ajay Kumar on 22.04.2003 in the

who committed the case to the Court of

. Learned Sessions Judge, Hoshiarpur

the accused for offences punishable under

and 377 IPC on 20.05.2003 to which both the accused pleaded

The prosecution in order to establish its case examined as many as 17 PWs

being briefly referred to herein under:-

04.01.2003, he had gone to cut the reeds

and when he was on his way, he saw a dead body of a boy of the age

of 12/13 years, which was naked and bore injuries on the head and

He further stated that some blood stained stones were also

lying near the dead body and that he went back to the Dera Sant Baba

Santokh Singh. Thereafter, while he was on his way to police station,

he met the police on the way before whom he got his statement

(Ex.PA) recorded. He stated that the inquest proceedings were

04.01.2003, he was accompanying

Gurmit Singh when they came across dead body of a boy, which bore

had

by pointing

4480

from the

Pursuant to his disclosure

, which

both the

22.04.2003 in the

who committed the case to the Court of

. Learned Sessions Judge, Hoshiarpur,

under

and 377 IPC on 20.05.2003 to which both the accused pleaded

PWs.

04.01.2003, he had gone to cut the reeds

of the age

of 12/13 years, which was naked and bore injuries on the head and

He further stated that some blood stained stones were also

lying near the dead body and that he went back to the Dera Sant Baba

Santokh Singh. Thereafter, while he was on his way to police station,

ment

(Ex.PA) recorded. He stated that the inquest proceedings were

04.01.2003, he was accompanying

Gurmit Singh when they came across dead body of a boy, which bore

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

marks of injuries on his face and that thereafter Gurmit Singh went to

the police station

the dead body. He also stated with regard to the

lying near the dead body apart from the slipp

PW-3 Rajni @ Ghuggu

sisters, who are already married and that h

@ Gopi has died. She stated that on

was away to attend a Bhog

Gurpreet Singh was present in the house and that Gurpreet Singh

went out to fly kite in the afternoon, but did not return back. Later

when her father returned back home, they started searching for

Gurpreet Singh and al

that they had suspicion against both the accused. She further stated

that on

Jasbir Singh @ Mitha and Ajay Kumar, wherein they undertook to

trace out Gu

stated that Jasbir

house and had a love affair with her and he had written a love letter

(Ex.PC)

Kumar. She further stated that even on earlier

Singh used to write love letters to her and that she could identify his

hand

Singh. PW

when she was talking to Jasbir Singh accused, her brother Gurpreet

Singh had seen them and had started hurling abuses to Jasbir Singh

upon which Jasbir Singh threatened Gurpreet Singh that in case he

disclosed anything to anyone, he

that Jasbir Singh used to give beatings to Gurpreet Singh (deceased)

She further stated that police had visited their village and a Panchayat

had also been convened during the course of which she had handed

over letter

(O&M) &

(O&M)

( 5 )

marks of injuries on his face and that thereafter Gurmit Singh went to

the police station for furnishing information while he remained near

the dead body. He also stated with regard to the

lying near the dead body apart from the slipp

Rajni @ Ghuggu, sister of deceased Gurpreet, stated that she has two

sisters, who are already married and that h

@ Gopi has died. She stated that on

was away to attend a Bhog ceremony, she alongwith her brother

Gurpreet Singh was present in the house and that Gurpreet Singh

went out to fly kite in the afternoon, but did not return back. Later

when her father returned back home, they started searching for

Gurpreet Singh and also put up the matter before the Panchayat and

that they had suspicion against both the accused. She further stated

that on 01.01.2003, the Panchayat called both the accused namely

Jasbir Singh @ Mitha and Ajay Kumar, wherein they undertook to

trace out Gurpreet Singh, but they failed to produce him. She further

stated that Jasbir Singh @ Mitha was working as a tailor near her

house and had a love affair with her and he had written a love letter

(Ex.PC) addressed to her which he passed on to her through Aj

Kumar. She further stated that even on earlier

Singh used to write love letters to her and that she could identify his

hand-writing and that the love letter (Ex.PC)

Singh. PW-3 stated that about 15/20 days p

when she was talking to Jasbir Singh accused, her brother Gurpreet

Singh had seen them and had started hurling abuses to Jasbir Singh

upon which Jasbir Singh threatened Gurpreet Singh that in case he

disclosed anything to anyone, he will be done to death. She stated

that Jasbir Singh used to give beatings to Gurpreet Singh (deceased)

She further stated that police had visited their village and a Panchayat

had also been convened during the course of which she had handed

over letter Ex.PC to the police in the presence of Panchayat.

marks of injuries on his face and that thereafter Gurmit Singh went to

for furnishing information while he remained near

the dead body. He also stated with regard to the blood stained stones

lying near the dead body apart from the slippers etc.

, sister of deceased Gurpreet, stated that she has two

sisters, who are already married and that her brother Gurpreet Singh

@ Gopi has died. She stated that on 25.12.2002, while her mother

ceremony, she alongwith her brother

Gurpreet Singh was present in the house and that Gurpreet Singh

went out to fly kite in the afternoon, but did not return back. Later

when her father returned back home, they started searching for

so put up the matter before the Panchayat and

that they had suspicion against both the accused. She further stated

01.01.2003, the Panchayat called both the accused namely

Jasbir Singh @ Mitha and Ajay Kumar, wherein they undertook to

rpreet Singh, but they failed to produce him. She further

Singh @ Mitha was working as a tailor near her

house and had a love affair with her and he had written a love letter

addressed to her which he passed on to her through Aj

Kumar. She further stated that even on earlier occasions, Jasbir

Singh used to write love letters to her and that she could identify his

and that the love letter (Ex.PC) is in the hands of Jasbir

3 stated that about 15/20 days prior to the occurrence,

when she was talking to Jasbir Singh accused, her brother Gurpreet

Singh had seen them and had started hurling abuses to Jasbir Singh

upon which Jasbir Singh threatened Gurpreet Singh that in case he

will be done to death. She stated

that Jasbir Singh used to give beatings to Gurpreet Singh (deceased)

She further stated that police had visited their village and a Panchayat

had also been convened during the course of which she had handed

in the presence of Panchayat.

marks of injuries on his face and that thereafter Gurmit Singh went to

for furnishing information while he remained near

blood stained stones

, sister of deceased Gurpreet, stated that she has two

brother Gurpreet Singh

, while her mother

ceremony, she alongwith her brother

Gurpreet Singh was present in the house and that Gurpreet Singh

went out to fly kite in the afternoon, but did not return back. Later

when her father returned back home, they started searching for

so put up the matter before the Panchayat and

that they had suspicion against both the accused. She further stated

01.01.2003, the Panchayat called both the accused namely

Jasbir Singh @ Mitha and Ajay Kumar, wherein they undertook to

rpreet Singh, but they failed to produce him. She further

Singh @ Mitha was working as a tailor near her

house and had a love affair with her and he had written a love letter

addressed to her which he passed on to her through Ajay

occasions, Jasbir

Singh used to write love letters to her and that she could identify his

is in the hands of Jasbir

rior to the occurrence,

when she was talking to Jasbir Singh accused, her brother Gurpreet

Singh had seen them and had started hurling abuses to Jasbir Singh

upon which Jasbir Singh threatened Gurpreet Singh that in case he

will be done to death. She stated

that Jasbir Singh used to give beatings to Gurpreet Singh (deceased).

She further stated that police had visited their village and a Panchayat

had also been convened during the course of which she had handed

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

PW-4 Nirmal Singh

upon being discharged, he became President of

Gurdwara in his village and that he knew both the accused namely

Jasb

deceased was brother of Rajni. He further stated that he had seen the

letter Ex.PC written in hindi and that Joga

deceased) had told him that said letter had been written by Ja

Singh to his daughter Rajni. He further stated that the

panchayatnama

PW-5 Joga Ram @ Jogi Ram @ Joga Singh, father of deceased Gurpreet

Singh

son i.e. Gurpreet Singh @ Gogi (deceased)

Jasbir Singh, who was working as a tailor in their village and that on

25.12.2002, when he returned home from his work at about 8.30 PM,

his wife and daughter Rajni

missing and although they searched for him, but he could not be

found. He further stated that his wife ha

accused had been taunting and threatening

beatings to his son G

been objecting to the taunts by Jasbir Singh.

Jasbir Singh had sent a letter to Rajni

Kumar, but he did not go through the contents although he knew

about the sa

consigned the same to flames.

Ex.PC had also been sent by Jasbir Singh accused. He stated that on

04.01.2003

body in the police station, he alongwith Surjit

brother),

(daughter)

beyond recognition, but

his son.

(O&M) &

(O&M)

( 6 )

Nirmal Singh stated that he worked in the Army for about 6 years and

upon being discharged, he became President of

Gurdwara in his village and that he knew both the accused namely

Jasbir Singh and Ajay Kumar and also knows Rajni and that the

deceased was brother of Rajni. He further stated that he had seen the

letter Ex.PC written in hindi and that Joga

deceased) had told him that said letter had been written by Ja

Singh to his daughter Rajni. He further stated that the

panchayatnama was handed over by him to the police.

Joga Ram @ Jogi Ram @ Joga Singh, father of deceased Gurpreet

Singh, stated that he has three daughters including Rajni

son i.e. Gurpreet Singh @ Gogi (deceased)

Jasbir Singh, who was working as a tailor in their village and that on

25.12.2002, when he returned home from his work at about 8.30 PM,

his wife and daughter Rajni informed him that Gurpreet Singh was

missing and although they searched for him, but he could not be

found. He further stated that his wife ha

accused had been taunting and threatening

beatings to his son Gurpreet Singh on 2

been objecting to the taunts by Jasbir Singh.

Jasbir Singh had sent a letter to Rajni

Kumar, but he did not go through the contents although he knew

about the same and that his daughter upon receipt of said

consigned the same to flames. He further stated that another letter

Ex.PC had also been sent by Jasbir Singh accused. He stated that on

04.01.2003 upon getting information regarding the presence of dead

body in the police station, he alongwith Surjit

brother), Pammi @ Paramjit (his younger son

(daughter) went to the police station and although the dead body was

beyond recognition, but they identif

his son.

stated that he worked in the Army for about 6 years and

upon being discharged, he became President of Guru Singh Sabha

Gurdwara in his village and that he knew both the accused namely

ir Singh and Ajay Kumar and also knows Rajni and that the

deceased was brother of Rajni. He further stated that he had seen the

letter Ex.PC written in hindi and that Joga Singh (father of the

deceased) had told him that said letter had been written by Jasbir

Singh to his daughter Rajni. He further stated that the

was handed over by him to the police.

Joga Ram @ Jogi Ram @ Joga Singh, father of deceased Gurpreet

, stated that he has three daughters including Rajni and had a

son i.e. Gurpreet Singh @ Gogi (deceased). He stated that he knew

Jasbir Singh, who was working as a tailor in their village and that on

25.12.2002, when he returned home from his work at about 8.30 PM,

informed him that Gurpreet Singh was

missing and although they searched for him, but he could not be

found. He further stated that his wife had told him that Jasbir Singh

accused had been taunting and threatening Rajni and had given

urpreet Singh on 2-3 occasions as Gurpreet had

been objecting to the taunts by Jasbir Singh. He further stated that

Jasbir Singh had sent a letter to Rajni through co-accused Ajay

Kumar, but he did not go through the contents although he knew

me and that his daughter upon receipt of said ‘ruqa’ had

He further stated that another letter

Ex.PC had also been sent by Jasbir Singh accused. He stated that on

getting information regarding the presence of dead

body in the police station, he alongwith Surjit Singh (his younger

Pammi @ Paramjit (his younger son-in-law) and Rajni

went to the police station and although the dead body was

identified the same from the clothes of

stated that he worked in the Army for about 6 years and

Guru Singh Sabha

Gurdwara in his village and that he knew both the accused namely

ir Singh and Ajay Kumar and also knows Rajni and that the

deceased was brother of Rajni. He further stated that he had seen the

Singh (father of the

sbir

Singh to his daughter Rajni. He further stated that the

Joga Ram @ Jogi Ram @ Joga Singh, father of deceased Gurpreet

and had a

. He stated that he knew

Jasbir Singh, who was working as a tailor in their village and that on

25.12.2002, when he returned home from his work at about 8.30 PM,

informed him that Gurpreet Singh was

missing and although they searched for him, but he could not be

told him that Jasbir Singh

Rajni and had given

3 occasions as Gurpreet had

that

accused Ajay

Kumar, but he did not go through the contents although he knew

had

He further stated that another letter

Ex.PC had also been sent by Jasbir Singh accused. He stated that on

getting information regarding the presence of dead

Singh (his younger

law) and Rajni

went to the police station and although the dead body was

the same from the clothes of

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

PW-6 Dr. Gurpal Singh,

had conducted post

Gurpreet Singh

Ex.P

opined that the cause of death

was sufficient to

being shown a small

& 3

be caused by stones.

PW-7 Pawan Kumar

was brother of his wife, who had been murdered on

who had been missing from his house since

that

regarding the same pursuant to which he went to the village of his in

laws. He further stated that later when information regarding the

presence of a dead body in the police station

alongwith Rajni went to the police station and identif

body.

the co

out-

guilt to the effect that on

Singh and had detained him somewhere and had thereafter murdered

him. He further stated that the accused requested him to get the

matter compromised with his father

PW-8 Dildar Singh, Patwari

Ex.PM of the place of occurrence.

PW-9 ASI Bhupinder Singh, who had remained associated with Inspector

Jasbir Singh during the course of investigation, stated with regard to

the proceedings of investigat

that the complainant Gurmit Singh had met

bus stop Garhi Matton

Ex.PA recorded.

(O&M) &

(O&M)

( 7 )

Dr. Gurpal Singh, Medical Officer, Civil Hospital, Garhshankar,

had conducted post-mortem examination on the

Gurpreet Singh on 05.01.2003, proved the post

Ex.PJ, wherein he described the injuries found on the dead body and

opined that the cause of death in this case

was sufficient to cause death in ordinary

being shown a small kirpan (Ex.P10),

& 3 could be caused by a small kirpan

be caused by stones.

Pawan Kumar stated that he knew Gurpreet Singh (deceased), as

was brother of his wife, who had been murdered on

who had been missing from his house since

that 2/3 days after Gurpreet went missing,

regarding the same pursuant to which he went to the village of his in

laws. He further stated that later when information regarding the

presence of a dead body in the police station

alongwith Rajni went to the police station and identif

body. He further stated that he knew Ajay Kumar, but did not know

the co-accused and that on 19.01.2003, when he was moving in the

-skirts of his village, both the accused met him and confessed their

guilt to the effect that on 25.12.2002, t

Singh and had detained him somewhere and had thereafter murdered

him. He further stated that the accused requested him to get the

matter compromised with his father

Dildar Singh, Patwari, stated that he had prepared the scaled site plan

Ex.PM of the place of occurrence.

ASI Bhupinder Singh, who had remained associated with Inspector

Jasbir Singh during the course of investigation, stated with regard to

the proceedings of investigation. He stated that it was in his presence

that the complainant Gurmit Singh had met

bus stop Garhi Matton on 04.01.2003 and had got his statement

Ex.PA recorded. He has stated that he had accompanied Inspector

Medical Officer, Civil Hospital, Garhshankar, who

mortem examination on the dead body of

, proved the post-mortem report as

, wherein he described the injuries found on the dead body and

in this case was injury to brain, which

cause death in ordinary course of nature. Upon

(Ex.P10), he opined that injuries No.1, 2

kirpan, whereas injury No.10 could

knew Gurpreet Singh (deceased), as

was brother of his wife, who had been murdered on 04.01.2003 and

who had been missing from his house since 25.12.2002. He stated

missing, he had received intimation

regarding the same pursuant to which he went to the village of his in

laws. He further stated that later when information regarding the

presence of a dead body in the police station was received, he

alongwith Rajni went to the police station and identified the dead

He further stated that he knew Ajay Kumar, but did not know

19.01.2003, when he was moving in the

skirts of his village, both the accused met him and confessed their

25.12.2002, they had kidnapped Gurpreet

Singh and had detained him somewhere and had thereafter murdered

him. He further stated that the accused requested him to get the

matter compromised with his father-in-law.

, stated that he had prepared the scaled site plan

ASI Bhupinder Singh, who had remained associated with Inspector

Jasbir Singh during the course of investigation, stated with regard to

ion. He stated that it was in his presence

that the complainant Gurmit Singh had met Inspector Jasbir Singh at

04.01.2003 and had got his statement

He has stated that he had accompanied Inspector

who

dead body of

mortem report as

, wherein he described the injuries found on the dead body and

injury to brain, which

Upon

he opined that injuries No.1, 2

, whereas injury No.10 could

knew Gurpreet Singh (deceased), as he

04.01.2003 and

25.12.2002. He stated

timation

regarding the same pursuant to which he went to the village of his in-

laws. He further stated that later when information regarding the

received, he

the dead

He further stated that he knew Ajay Kumar, but did not know

19.01.2003, when he was moving in the

skirts of his village, both the accused met him and confessed their

hey had kidnapped Gurpreet

Singh and had detained him somewhere and had thereafter murdered

him. He further stated that the accused requested him to get the

, stated that he had prepared the scaled site plan

ASI Bhupinder Singh, who had remained associated with Inspector

Jasbir Singh during the course of investigation, stated with regard to

ion. He stated that it was in his presence

Inspector Jasbir Singh at

04.01.2003 and had got his statement

He has stated that he had accompanied Inspector

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

Jasbir Singh to t

Gurpreet Singh was found lying and by the side of dead body, blood

stained stones, handkerchief, slippers, match box, trouser, underwear

etc. were also found, which were taken into possession.

that b

stated that Ajay Kumar was interrogated on

course of which he

effect

Nangal road. He also stated with regard to the dis

(Ex.PQ) made by accused Jasbir Singh to a similar effect. He further

stated with regard to recovery of a scooter and a small

instance of Jasbir Singh.

PW-10 HC Iqbal Singh

affidavit Ex.P

was posted as M

Singh

stained stones and that he

Ram

Chandigarh

same day and that as long as the parcel remained in his possession,

the same w

PW-11 Constable Joga Ram

his affidavit Ex.PX, wherein he deposed that on

Iqbal Singh had handed over to him the case property

containing blood stained two stones,

office of FSL, Chandigarh, which he accordingly deposited on the

same day and that as long as the parcel

the same w

PW-12 Karnail Singh

about 1 year ago, he had borrowed his scooter bearing registration

No.

(O&M) &

(O&M)

( 8 )

Jasbir Singh to the place of occurrence where the dead body of

Gurpreet Singh was found lying and by the side of dead body, blood

stained stones, handkerchief, slippers, match box, trouser, underwear

etc. were also found, which were taken into possession.

that blood stained soil was also taken into possession. He further

stated that Ajay Kumar was interrogated on

course of which he suffered a disclosure statement (Ex.PO) to the

effect that they had confined the deceased

Nangal road. He also stated with regard to the dis

(Ex.PQ) made by accused Jasbir Singh to a similar effect. He further

stated with regard to recovery of a scooter and a small

instance of Jasbir Singh.

HC Iqbal Singh, who is a formal witness, tendered into evidence his

affidavit Ex.PV, wherein he deposed that on

was posted as MHC in Police Station Garhshankar,

Singh had deposited with him one parcel containing two blo

stained stones and that he sent the said parcel

Ram for depositing the same in the office of FSL, Punjab,

Chandigarh on 21.04.2003, which w

same day and that as long as the parcel remained in his possession,

the same was not tampered with.

Constable Joga Ram, who is a formal witness, tendered into evidence

his affidavit Ex.PX, wherein he deposed that on

Iqbal Singh had handed over to him the case property

containing blood stained two stones,

office of FSL, Chandigarh, which he accordingly deposited on the

same day and that as long as the parcel

the same was not tampered with.

Karnail Singh stated that he knows Jasbir Singh accused and that

about 1 year ago, he had borrowed his scooter bearing registration

No.PB-20-4480 (make Bajaj Chetak)

he place of occurrence where the dead body of

Gurpreet Singh was found lying and by the side of dead body, blood

stained stones, handkerchief, slippers, match box, trouser, underwear

etc. were also found, which were taken into possession. He stated

lood stained soil was also taken into possession. He further

stated that Ajay Kumar was interrogated on 06.02.2003 during the

suffered a disclosure statement (Ex.PO) to the

the deceased in a khokha (kiosk) on

Nangal road. He also stated with regard to the disclosure statement

(Ex.PQ) made by accused Jasbir Singh to a similar effect. He further

stated with regard to recovery of a scooter and a small kirpan at the

, who is a formal witness, tendered into evidence his

, wherein he deposed that on 04.01.2003, when

HC in Police Station Garhshankar, Inspector Jasbir

one parcel containing two blo

sent the said parcel through Constable Joga

for depositing the same in the office of FSL, Punjab,

, which was accordingly deposited on the

same day and that as long as the parcel remained in his possession,

who is a formal witness, tendered into evidence

his affidavit Ex.PX, wherein he deposed that on 21.04.2003, MHC

Iqbal Singh had handed over to him the case property i.e. one parcel

containing blood stained two stones, for depositing the same in the

office of FSL, Chandigarh, which he accordingly deposited on the

same day and that as long as the parcel remained in his possession,

knows Jasbir Singh accused and that

about 1 year ago, he had borrowed his scooter bearing registration

4480 (make Bajaj Chetak) from him while representing

he place of occurrence where the dead body of

Gurpreet Singh was found lying and by the side of dead body, blood

stained stones, handkerchief, slippers, match box, trouser, underwear

He stated

lood stained soil was also taken into possession. He further

during the

suffered a disclosure statement (Ex.PO) to the

(kiosk) on

closure statement

(Ex.PQ) made by accused Jasbir Singh to a similar effect. He further

at the

, who is a formal witness, tendered into evidence his

when he

Jasbir

od

Joga

for depositing the same in the office of FSL, Punjab,

accordingly deposited on the

same day and that as long as the parcel remained in his possession,

who is a formal witness, tendered into evidence

4.2003, MHC

i.e. one parcel

for depositing the same in the

office of FSL, Chandigarh, which he accordingly deposited on the

remained in his possession,

knows Jasbir Singh accused and that

about 1 year ago, he had borrowed his scooter bearing registration

ing

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

that he has to take his ailing mother to h

that the accused Jasbir returned the scooter after 3 days.

PW-13 HC Bakhshish Singh

his affidavit Ex.PZ

Jasbir Singh had handed over to him

recovered from the forest of village Shahpur

mortem examination conducted

05.01.2003, Rajni

seeing the dead body, she identified the same to be of her brother

Gurpreet Singh @ Gopi and that after

examination, the dead body was entrusted to the legal heirs.

PW-14 Sukhde

of the place of occurrence

and positive thereof as

PW-15 Ram Chand, Clerk, office of SDM, Balachaur, stated that as per

record

registered in the name of Karnail Singh.

PW-16 ASI Ravi

Station Garhshankar and

Singh, formal FIR Ex.PDD had be

PW-17 Inspector Jasbir Singh, who is the

case, stated in detail with regard to the

in the matter

He

investigation

accused and the recoveries effected pursuant thereto.

8. Upon closure of the prosecution evidence, statements of

were recorded in terms of Section 313 Cr.P.C., wherein they

(O&M) &

(O&M)

( 9 )

that he has to take his ailing mother to h

that the accused Jasbir returned the scooter after 3 days.

HC Bakhshish Singh, who is a formal witness, tendered into evidence

his affidavit Ex.PZ, wherein he deposed that on

Jasbir Singh had handed over to him

recovered from the forest of village Shahpur

mortem examination conducted. He further stated that on

05.01.2003, Rajni came to the Civil Hospital, Garhshankar and on

seeing the dead body, she identified the same to be of her brother

Gurpreet Singh @ Gopi and that after

examination, the dead body was entrusted to the legal heirs.

Sukhdev Sharma, photographer, stated that

of the place of occurrence and proved the negatives as Ex.P14 to P16

and positive thereof as Ex.P17 to Ex.P

Ram Chand, Clerk, office of SDM, Balachaur, stated that as per

record, the vehicle bearing registration No.

registered in the name of Karnail Singh.

ASI Ravi Dutt stated that on 04.01.2003, he was posted at Police

Station Garhshankar and that upon receipt of statement of Gurmit

Singh, formal FIR Ex.PDD had been lodged under his signatures.

Inspector Jasbir Singh, who is the Investigating Officer in the present

case, stated in detail with regard to the

in the matter right from the lodging of FIR upto the filing of challan

He proved various documents/memos prepared during the course of

investigation including the disclosure statements made by both the

accused and the recoveries effected pursuant thereto.

Upon closure of the prosecution evidence, statements of

were recorded in terms of Section 313 Cr.P.C., wherein they

that he has to take his ailing mother to his maternal grand-parents and

that the accused Jasbir returned the scooter after 3 days.

who is a formal witness, tendered into evidence

, wherein he deposed that on 04.01.2003, Inspector

Jasbir Singh had handed over to him one unidentified dead body

recovered from the forest of village Shahpur for getting the post

. He further stated that on

came to the Civil Hospital, Garhshankar and on

seeing the dead body, she identified the same to be of her brother

Gurpreet Singh @ Gopi and that after getting conducted post-mortem

examination, the dead body was entrusted to the legal heirs.

stated that he had taken photographs

and proved the negatives as Ex.P14 to P16

to Ex.P19.

Ram Chand, Clerk, office of SDM, Balachaur, stated that as per

vehicle bearing registration No.PB-20-4480 was

registered in the name of Karnail Singh.

04.01.2003, he was posted at Police

upon receipt of statement of Gurmit

en lodged under his signatures.

Investigating Officer in the present

case, stated in detail with regard to the entire investigation conducted

right from the lodging of FIR upto the filing of challan

documents/memos prepared during the course of

including the disclosure statements made by both the

accused and the recoveries effected pursuant thereto.

Upon closure of the prosecution evidence, statements of both the accused

were recorded in terms of Section 313 Cr.P.C., wherein they denied the entire

parents and

who is a formal witness, tendered into evidence

04.01.2003, Inspector

unidentified dead body

getting the post-

. He further stated that on

came to the Civil Hospital, Garhshankar and on

seeing the dead body, she identified the same to be of her brother

mortem

he had taken photographs

and proved the negatives as Ex.P14 to P16

Ram Chand, Clerk, office of SDM, Balachaur, stated that as per

4480 was

04.01.2003, he was posted at Police

upon receipt of statement of Gurmit

Investigating Officer in the present

investigation conducted

right from the lodging of FIR upto the filing of challan.

documents/memos prepared during the course of

including the disclosure statements made by both the

accused

entire

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

case of prosecution and pleaded false implication.

not lead any evidence in his defence.

9. The learned trial Court, upon

while charges with respect to offence under Section 377 IPC could not be

proved, but charges for offence under Section 302

stood duly proved and

having committed offence under Section 302 read with Section 34 IPC vide

impugned judgment.

10. Learned counsel

submitted that they have falsely been implicated in the present case and that

there is no evidence worth credence to connect them with

occurrence in

on circumstantial evidence

shape of an alleged ‘love letter’, which cannot be attributed to any of the

accused, as the hand

other piece of evidence is in the shape of alleged extra jud

before an interested witness i.e.

deceased), which in any case would otherwise also

evidence. Learned counsel submitted that other than the said evidence, the

only evidence is of all

connected with the alleged crime and as such, both the accused/appellants

deserve to be acquitted.

11. Opposing the appeals,

case is based on circumstantial evidence, but the evidence collected by the

(O&M) &

(O&M)

( 10 )

case of prosecution and pleaded false implication.

not lead any evidence in his defence.

The learned trial Court, upon appreciating

while charges with respect to offence under Section 377 IPC could not be

proved, but charges for offence under Section 302

stood duly proved and consequently, both the accused were held guilty for

having committed offence under Section 302 read with Section 34 IPC vide

impugned judgment.

Learned counsel representing the appellants

submitted that they have falsely been implicated in the present case and that

there is no evidence worth credence to connect them with

occurrence in any manner. It has been submitted that it is a case based totally

on circumstantial evidence and that the circumstantial evidence is in the

shape of an alleged ‘love letter’, which cannot be attributed to any of the

accused, as the hand-writing on the same was never

other piece of evidence is in the shape of alleged extra jud

an interested witness i.e. son-in-law of Joga Ram (father of the

deceased), which in any case would otherwise also

evidence. Learned counsel submitted that other than the said evidence, the

only evidence is of alleged recovery of a small

connected with the alleged crime and as such, both the accused/appellants

deserve to be acquitted.

Opposing the appeals, learned State counsel submitted that

case is based on circumstantial evidence, but the evidence collected by the

case of prosecution and pleaded false implication. The accused, however, did

appreciating the evidence on record, held tha

while charges with respect to offence under Section 377 IPC could not be

proved, but charges for offence under Section 302 read with Section 34 IPC

consequently, both the accused were held guilty for

having committed offence under Section 302 read with Section 34 IPC vide

representing the appellants, while assailing their conviction,

submitted that they have falsely been implicated in the present case and that

there is no evidence worth credence to connect them with the alleged

any manner. It has been submitted that it is a case based totally

and that the circumstantial evidence is in the

shape of an alleged ‘love letter’, which cannot be attributed to any of the

writing on the same was never examined and that the

other piece of evidence is in the shape of alleged extra judicial confession

law of Joga Ram (father of the

deceased), which in any case would otherwise also be a weak type of

evidence. Learned counsel submitted that other than the said evidence, the

eged recovery of a small kirpan, which too cannot be

connected with the alleged crime and as such, both the accused/appellants

learned State counsel submitted that even though the

case is based on circumstantial evidence, but the evidence collected by the

The accused, however, did

held that

while charges with respect to offence under Section 377 IPC could not be

IPC

consequently, both the accused were held guilty for

having committed offence under Section 302 read with Section 34 IPC vide

, while assailing their conviction,

submitted that they have falsely been implicated in the present case and that

alleged

any manner. It has been submitted that it is a case based totally

and that the circumstantial evidence is in the

shape of an alleged ‘love letter’, which cannot be attributed to any of the

examined and that the

icial confession

law of Joga Ram (father of the

be a weak type of

evidence. Learned counsel submitted that other than the said evidence, the

, which too cannot be

connected with the alleged crime and as such, both the accused/appellants

even though the

case is based on circumstantial evidence, but the evidence collected by the

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

investigating agency is cogent and convincing enough to form a complete

chain leading to a definite conclusion as regards involvement of both the

accused. Learned

appeals.

12. We have considered rival submissions addressed before this Court and with

the assistance of learned counsel have also perused the record of the case.

13. Since the findings have been rec

being a case of homicidal death, it is apposite to first of all refer to the

medical evidence led by the prosecution with regard to the homicidal death.

The prosecution has examined

the post mortem examination on the dead body of

05.01.2003. He

injuries found

“1. Incised wound 2.3

the left pinna, runs forward and medially.

2. Incise

vertically placed above the bridge of nose

3. Incised wo

below

4. Incised wound

5. Incised wound 1 x 0.5 cm present on the ri

inner half lower eye lid.

6. Incised wound 1 cm x 0.6 cm pres

the midline on the ramus lower jaw.

7. Incised wound 2.2 cm x 1.3

outer to root of penis.

8. Reddish brown abrasion 1 cm x 0.5 cm present on the dorsum of penis

the root of penis.

(O&M) &

(O&M)

( 11 )

investigating agency is cogent and convincing enough to form a complete

chain leading to a definite conclusion as regards involvement of both the

accused. Learned State counsel, thus, prayed for dismissal of both the

We have considered rival submissions addressed before this Court and with

the assistance of learned counsel have also perused the record of the case.

ince the findings have been recorded by the trial Court

being a case of homicidal death, it is apposite to first of all refer to the

medical evidence led by the prosecution with regard to the homicidal death.

The prosecution has examined PW-6 Dr. Gurpal Singh

the post mortem examination on the dead body of

. He proved the post-mortem report as Ex.P

found on the dead body as under:

Incised wound 2.3 cm x 1 cm present on the left side of

the left pinna, runs forward and medially.

ed wound 3.6 cm x 1.2 cm present on the forehead in the middle

vertically placed above the bridge of nose

Incised wound 2.6 cm x 1.1 cm present on the left side of

below the left eye, obliquely placed dow

Incised wound 0.6 cm x 0.3 cm present on the bridge of nose.

Incised wound 1 x 0.5 cm present on the ri

inner half lower eye lid.

Incised wound 1 cm x 0.6 cm present on the left side of face, 3.5

the midline on the ramus lower jaw.

Incised wound 2.2 cm x 1.3 cm present on the right si

outer to root of penis.

Reddish brown abrasion 1 cm x 0.5 cm present on the dorsum of penis

the root of penis.

investigating agency is cogent and convincing enough to form a complete

chain leading to a definite conclusion as regards involvement of both the

State counsel, thus, prayed for dismissal of both the

We have considered rival submissions addressed before this Court and with

the assistance of learned counsel have also perused the record of the case.

by the trial Court as regards the case

being a case of homicidal death, it is apposite to first of all refer to the

medical evidence led by the prosecution with regard to the homicidal death.

6 Dr. Gurpal Singh, who had conducted

the post mortem examination on the dead body of Gurpreet Singh

mortem report as Ex.PJ and described the

on the left side of head, 7 cm above

the left pinna, runs forward and medially.

present on the forehead in the middle

vertically placed above the bridge of nose.

present on the left side of cheek 1.5 cm

wnwards laterally.

0.6 cm x 0.3 cm present on the bridge of nose.

Incised wound 1 x 0.5 cm present on the right side of cheek, 1 cm below the

on the left side of face, 3.5 cm from

m present on the right side of pubic area 1 cm

Reddish brown abrasion 1 cm x 0.5 cm present on the dorsum of penis near

investigating agency is cogent and convincing enough to form a complete

chain leading to a definite conclusion as regards involvement of both the

State counsel, thus, prayed for dismissal of both the

We have considered rival submissions addressed before this Court and with

as regards the case

being a case of homicidal death, it is apposite to first of all refer to the

medical evidence led by the prosecution with regard to the homicidal death.

had conducted

on

and described the

above

present on the forehead in the middle

heek 1.5 cm

1 cm below the

from

cm

ear

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

9. Reddish brown abrasion 3 cm x 1 cm present on the front of medial side of

upper 1/3rd right thigh.

10. Blackish brown bruise

extending around the bridge of nose.

14. PW-6 Dr. Gurpal Singh was shown a

during the course of investigation allegedly at the instance of accused and

upon seen the

have been caused wit

been caused by a stone. Upon perusal of all the 10 injuries, 7 of which are

incised wounds, and

which has remained unshattered

hesitation to affirm the findings of the trial Court to the effect that it is a case

of homicidal death, wherein the deceased had been inflicted multiple injuries

with sharp edged/blunt weapon leading to his death.

15. In a case, based on circumstantial evidence, the inference of guilt can be

drawn only when all the incriminating facts and circumstances are found to

be incompatible with the innocence of the accused. The law with regard to

appreciation of circumstantia

case of Hanumant v. State of Madhya Pradesh, AIR 1952 Supreme Court 343

wherein it was held as follows:

"10. It is well to remember that in cases

nature, the circumstances from which the conclusion of guilt is to be drawn

should in the first instance be fully established, and all the facts so established

should be consistent only with the hypothesis of the

Again, the circumstances should be of a conclusive nature and tendency and

they should be such as to exclude every hypothesis but the one proposed to be

proved. In other words, there must be a chain of evidence so far complete as

not

(O&M) &

(O&M)

( 12 )

Reddish brown abrasion 3 cm x 1 cm present on the front of medial side of

upper 1/3rd right thigh.

Blackish brown bruise in an area 10 cm x 8 cm present on the forehead, face,

extending around the bridge of nose. Left eye was

6 Dr. Gurpal Singh was shown a kirpan

during the course of investigation allegedly at the instance of accused and

upon seen the kirpan, the doctor opined that the injuries No.1, 2 & 3 could

have been caused with kirpan. He further stated that injury No.10 could have

been caused by a stone. Upon perusal of all the 10 injuries, 7 of which are

incised wounds, and upon perusal of the testimony of PW

which has remained unshattered despite cross

hesitation to affirm the findings of the trial Court to the effect that it is a case

of homicidal death, wherein the deceased had been inflicted multiple injuries

with sharp edged/blunt weapon leading to his death.

In a case, based on circumstantial evidence, the inference of guilt can be

drawn only when all the incriminating facts and circumstances are found to

be incompatible with the innocence of the accused. The law with regard to

appreciation of circumstantial evidence has been clearly enunciated in the

Hanumant v. State of Madhya Pradesh, AIR 1952 Supreme Court 343

wherein it was held as follows:

It is well to remember that in cases where the evidence is of a circumstantial

nature, the circumstances from which the conclusion of guilt is to be drawn

should in the first instance be fully established, and all the facts so established

should be consistent only with the hypothesis of the

Again, the circumstances should be of a conclusive nature and tendency and

they should be such as to exclude every hypothesis but the one proposed to be

proved. In other words, there must be a chain of evidence so far complete as

not to leave any reasonable ground for a conclusion consistent with the

Reddish brown abrasion 3 cm x 1 cm present on the front of medial side of

an area 10 cm x 8 cm present on the forehead, face,

Left eye was disfigured.”

kirpan, which had been recovered

during the course of investigation allegedly at the instance of accused and

, the doctor opined that the injuries No.1, 2 & 3 could

. He further stated that injury No.10 could have

been caused by a stone. Upon perusal of all the 10 injuries, 7 of which are

perusal of the testimony of PW-6 and his opinion,

despite cross-examination, we have no

hesitation to affirm the findings of the trial Court to the effect that it is a case

of homicidal death, wherein the deceased had been inflicted multiple injuries

with sharp edged/blunt weapon leading to his death.

In a case, based on circumstantial evidence, the inference of guilt can be

drawn only when all the incriminating facts and circumstances are found to

be incompatible with the innocence of the accused. The law with regard to

l evidence has been clearly enunciated in the

Hanumant v. State of Madhya Pradesh, AIR 1952 Supreme Court 343

where the evidence is of a circumstantial

nature, the circumstances from which the conclusion of guilt is to be drawn

should in the first instance be fully established, and all the facts so established

should be consistent only with the hypothesis of the guilt of the accused.

Again, the circumstances should be of a conclusive nature and tendency and

they should be such as to exclude every hypothesis but the one proposed to be

proved. In other words, there must be a chain of evidence so far complete as

to leave any reasonable ground for a conclusion consistent with the

Reddish brown abrasion 3 cm x 1 cm present on the front of medial side of

an area 10 cm x 8 cm present on the forehead, face,

, which had been recovered

during the course of investigation allegedly at the instance of accused and

, the doctor opined that the injuries No.1, 2 & 3 could

. He further stated that injury No.10 could have

been caused by a stone. Upon perusal of all the 10 injuries, 7 of which are

6 and his opinion,

examination, we have no

hesitation to affirm the findings of the trial Court to the effect that it is a case

of homicidal death, wherein the deceased had been inflicted multiple injuries

In a case, based on circumstantial evidence, the inference of guilt can be

drawn only when all the incriminating facts and circumstances are found to

be incompatible with the innocence of the accused. The law with regard to

l evidence has been clearly enunciated in the

Hanumant v. State of Madhya Pradesh, AIR 1952 Supreme Court 343,

where the evidence is of a circumstantial

nature, the circumstances from which the conclusion of guilt is to be drawn

should in the first instance be fully established, and all the facts so established

guilt of the accused.

Again, the circumstances should be of a conclusive nature and tendency and

they should be such as to exclude every hypothesis but the one proposed to be

proved. In other words, there must be a chain of evidence so far complete as

to leave any reasonable ground for a conclusion consistent with the

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

innocence of the accused and it must be such as to show that within all human

probability the act must have been done by the accused."

16. The aforesaid principles have consistently been

affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble

Apex Court reiterated the aforesaid position of law in

12, Vishwajeet Kerba Masalkar v. State of Maharashtra

“20. The law with regard to conviction on the basis of circumstantial evidence has

very well been crystalised in the judgment of this Court in the case of

Birdhichand Sharda v. State of Maharashtra (1984) 4 SCC 116 : 1984 INSC

121

"152. Before discussing the cases relied upon by the High Court we would like

(O&M) &

(O&M)

( 13 )

innocence of the accused and it must be such as to show that within all human

probability the act must have been done by the accused."

The aforesaid principles have consistently been

affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble

Apex Court reiterated the aforesaid position of law in

12, Vishwajeet Kerba Masalkar v. State of Maharashtra

The law with regard to conviction on the basis of circumstantial evidence has

very well been crystalised in the judgment of this Court in the case of

Birdhichand Sharda v. State of Maharashtra (1984) 4 SCC 116 : 1984 INSC

121, wherein this Court held thus:

"152. Before discussing the cases relied upon by the High Court we would like

to cite a few decisions on the nature, character and essential proof

required in a criminal case which rests on circumstantial evidence alone.

The most fundamental and basic decision of this Court is

State of Madhya Pradesh [(1952) 2 SCC 71 : AIR 1952 SC 343 : 1952

SCR 1091 : 1953 Cri LJ 129]. This case has been uniformly followed

and applied by this Court in a large number of later decisions up

for instance, the cases of Tufail (Alias) Simmi v. State of Uttar Pradesh

[(1969) 3 SCC 198 : 1970 SCC (Cri) 55]

Maharashtra [(1972) 4 SCC 625 : AIR 1972 SC 656]

to extract what Mahajan, J. has laid down in Han

SCC 71 : AIR 1952 SC 343 : 1952 SCR 1091 : 1953 Cri LJ 129] :

"It is well to remember that in cases where the evidence is of a

circumstantial nature, the circumstances from which the conclusion of

guilt is to be drawn should in the f

and all the facts so established should be consistent only with the

hypothesis of the guilt of the accused. Again, the circumstances

should be of a conclusive nature and tendency and they should be

such as to exclude every hypothesis but the one proposed to be

proved. In other words, there must be a chain of evidence so far

complete as not to leave any reasonable ground for a conclusion

consistent with the innocence of the accused and it must be such as to

show that within all human probability the act must have been done

by the accused."

innocence of the accused and it must be such as to show that within all human

probability the act must have been done by the accused."

The aforesaid principles have consistently been followed and have been

affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble

Apex Court reiterated the aforesaid position of law in 2025(1) RCR(Criminal)

12, Vishwajeet Kerba Masalkar v. State of Maharashtra, while stating as under:

The law with regard to conviction on the basis of circumstantial evidence has

very well been crystalised in the judgment of this Court in the case of Sharad

Birdhichand Sharda v. State of Maharashtra (1984) 4 SCC 116 : 1984 INSC

"152. Before discussing the cases relied upon by the High Court we would like

to cite a few decisions on the nature, character and essential proof

required in a criminal case which rests on circumstantial evidence alone.

al and basic decision of this Court is Hanumant v.

State of Madhya Pradesh [(1952) 2 SCC 71 : AIR 1952 SC 343 : 1952

. This case has been uniformly followed

and applied by this Court in a large number of later decisions up-to-dat

Tufail (Alias) Simmi v. State of Uttar Pradesh

[(1969) 3 SCC 198 : 1970 SCC (Cri) 55] and Ramgopal v. State of

Maharashtra [(1972) 4 SCC 625 : AIR 1972 SC 656]. It may be useful

to extract what Mahajan, J. has laid down in Hanumant case [(1952) 2

SCC 71 : AIR 1952 SC 343 : 1952 SCR 1091 : 1953 Cri LJ 129] :

"It is well to remember that in cases where the evidence is of a

circumstantial nature, the circumstances from which the conclusion of

guilt is to be drawn should in the first instance be fully established,

and all the facts so established should be consistent only with the

hypothesis of the guilt of the accused. Again, the circumstances

should be of a conclusive nature and tendency and they should be

ry hypothesis but the one proposed to be

proved. In other words, there must be a chain of evidence so far

complete as not to leave any reasonable ground for a conclusion

consistent with the innocence of the accused and it must be such as to

n all human probability the act must have been done

innocence of the accused and it must be such as to show that within all human

followed and have been

affirmed in catena of authorities. Recently, a three Judges Bench of Hon'ble

2025(1) RCR(Criminal)

, while stating as under:

The law with regard to conviction on the basis of circumstantial evidence has

Sharad

Birdhichand Sharda v. State of Maharashtra (1984) 4 SCC 116 : 1984 INSC

"152. Before discussing the cases relied upon by the High Court we would like

to cite a few decisions on the nature, character and essential proof

required in a criminal case which rests on circumstantial evidence alone.

Hanumant v.

State of Madhya Pradesh [(1952) 2 SCC 71 : AIR 1952 SC 343 : 1952

. This case has been uniformly followed

date,

Tufail (Alias) Simmi v. State of Uttar Pradesh

Ramgopal v. State of

. It may be useful

umant case [(1952) 2

"It is well to remember that in cases where the evidence is of a

circumstantial nature, the circumstances from which the conclusion of

irst instance be fully established,

and all the facts so established should be consistent only with the

hypothesis of the guilt of the accused. Again, the circumstances

should be of a conclusive nature and tendency and they should be

ry hypothesis but the one proposed to be

proved. In other words, there must be a chain of evidence so far

complete as not to leave any reasonable ground for a conclusion

consistent with the innocence of the accused and it must be such as to

n all human probability the act must have been done

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

153.

154.

21. It can thus clearly be seen that it is necessary for the prosecution that the

circumstances from which the conclusion of guilt is to be drawn should be

fully established. The Court held that it is a primary principle that the accused

`must be' and not mere

accused. It has been held that there is not only a grammatical but a legal

distinction between `may be proved' and `must be or should be proved'. It has

(O&M) &

(O&M)

( 14 )

153. A close analysis of this decision would show that the following

conditions must be fulfilled before a case against an accused can be said

to be fully established:

(1) the circumstances from which the conclusion of guilt is to be drawn

should be fully established. It may be noted here that this Court

indicated that the circumstances concerned "must or should" and not

"may be" established. There is not only a grammatical but a legal

distinction between "may be proved" and "must be or should be

proved" as was held by this Court in

State of Maharashtra [(1973) 2 SCC 793 : 1973 SCC (Cri) 1033 :

1973 Crl LJ 1783] where the observations were made: [SCC para 19,

p. 807: SCC (Cri) p. 1047]

"Certainly, it is a primary principle that the accused must be

and not merely may be guilty before a court can convict and the

mental distance between `may be' and `must be' is long and

divides vague conjectures from sure conclusi

(2) the facts so established should be consistent only with the hypothesis

of the guilt of the accused, that is to say, they should not be

explainable on any other hypothesis except that the accused is guilty,

(3) the circumstances should be of a c

(4) they should exclude every possible hypothesis except the one to be

proved, and

(5) there must be a chain of evidence so complete as not to leave any

reasonable ground for the conclusion consistent with the innocence of

the accused and must show that in all human probability the act must

have been done by the accused.

154. These five golden principles, if we may say so, constitute the

of the proof of a case based on circumstantial evidence."

It can thus clearly be seen that it is necessary for the prosecution that the

circumstances from which the conclusion of guilt is to be drawn should be

fully established. The Court held that it is a primary principle that the accused

`must be' and not merely `may be' proved guilty before a court can convict the

accused. It has been held that there is not only a grammatical but a legal

distinction between `may be proved' and `must be or should be proved'. It has

A close analysis of this decision would show that the following

conditions must be fulfilled before a case against an accused can be said

ces from which the conclusion of guilt is to be drawn

should be fully established. It may be noted here that this Court

indicated that the circumstances concerned "must or should" and not

"may be" established. There is not only a grammatical but a legal

stinction between "may be proved" and "must be or should be

proved" as was held by this Court in Shivaji Sahabrao Bobade v.

State of Maharashtra [(1973) 2 SCC 793 : 1973 SCC (Cri) 1033 :

where the observations were made: [SCC para 19,

"Certainly, it is a primary principle that the accused must be

and not merely may be guilty before a court can convict and the

mental distance between `may be' and `must be' is long and

divides vague conjectures from sure conclusions."

the facts so established should be consistent only with the hypothesis

of the guilt of the accused, that is to say, they should not be

explainable on any other hypothesis except that the accused is guilty,

the circumstances should be of a conclusive nature and tendency,

they should exclude every possible hypothesis except the one to be

there must be a chain of evidence so complete as not to leave any

reasonable ground for the conclusion consistent with the innocence of

the accused and must show that in all human probability the act must

have been done by the accused.

These five golden principles, if we may say so, constitute the panchsheel

of the proof of a case based on circumstantial evidence."

It can thus clearly be seen that it is necessary for the prosecution that the

circumstances from which the conclusion of guilt is to be drawn should be

fully established. The Court held that it is a primary principle that the accused

ly `may be' proved guilty before a court can convict the

accused. It has been held that there is not only a grammatical but a legal

distinction between `may be proved' and `must be or should be proved'. It has

A close analysis of this decision would show that the following

conditions must be fulfilled before a case against an accused can be said

ces from which the conclusion of guilt is to be drawn

should be fully established. It may be noted here that this Court

indicated that the circumstances concerned "must or should" and not

"may be" established. There is not only a grammatical but a legal

stinction between "may be proved" and "must be or should be

Shivaji Sahabrao Bobade v.

State of Maharashtra [(1973) 2 SCC 793 : 1973 SCC (Cri) 1033 :

where the observations were made: [SCC para 19,

"Certainly, it is a primary principle that the accused must be

and not merely may be guilty before a court can convict and the

mental distance between `may be' and `must be' is long and

the facts so established should be consistent only with the hypothesis

of the guilt of the accused, that is to say, they should not be

explainable on any other hypothesis except that the accused is guilty,

they should exclude every possible hypothesis except the one to be

there must be a chain of evidence so complete as not to leave any

reasonable ground for the conclusion consistent with the innocence of

the accused and must show that in all human probability the act must

panchsheel

It can thus clearly be seen that it is necessary for the prosecution that the

circumstances from which the conclusion of guilt is to be drawn should be

fully established. The Court held that it is a primary principle that the accused

ly `may be' proved guilty before a court can convict the

accused. It has been held that there is not only a grammatical but a legal

distinction between `may be proved' and `must be or should be proved'. It has

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

been held that the facts so established should

of the accused, that is to say, they should not be explainable on any other

hypothesis except the one where the accused is guilty. It has further been held

that the circumstances should be such that they exclude every pos

hypothesis except the one to be proved. It has been held that there must be a

chain of evidence so complete as not to leave any reasonable ground for the

conclusion consistent with the innocence of the accused and must show that in

all human probabil

17. Admittedly,

and the prosecution

circumstantial evidence:

(i) Extra judicial confession before

(ii) Motive i.e. the deceased objecting to the love affair of the accused

Jasbir Singh @ Mitha with his sister Rajni in respect of which a

love letter has been brought on record; &

(iii) Recovery of

18. Extra judicial confession

banks upon is the alleged extra judicial confession stated to have been made

by the accused before one Pawan Kumar. Pawan

the witness-

the out-skirts of his village (village Noorpur B

whom he knew Ajay Kumar previously came to him and confessed their guilt

to the effect that on

(deceased) and had detained him somewhere for a couple of days and had

thereafter murdered him. PW

requested him to

Ram (father of the deceased

(O&M) &

(O&M)

( 15 )

been held that the facts so established should

of the accused, that is to say, they should not be explainable on any other

hypothesis except the one where the accused is guilty. It has further been held

that the circumstances should be such that they exclude every pos

hypothesis except the one to be proved. It has been held that there must be a

chain of evidence so complete as not to leave any reasonable ground for the

conclusion consistent with the innocence of the accused and must show that in

all human probabilities, the act must have been done by the accused.”

Admittedly, the instant is a case of blind murder not

and the prosecution seeks to establish its case on

circumstantial evidence:

Extra judicial confession before PW

Motive i.e. the deceased objecting to the love affair of the accused

Jasbir Singh @ Mitha with his sister Rajni in respect of which a

love letter has been brought on record; &

Recovery of kirpan at the instance of Jasbir Singh @ Mitha.

Extra judicial confession: The first circumstance on which the prosecution

banks upon is the alleged extra judicial confession stated to have been made

by the accused before one Pawan Kumar. Pawan

-box as PW-7, stated that on 19.01.2003 when he was moving on

skirts of his village (village Noorpur B

whom he knew Ajay Kumar previously came to him and confessed their guilt

e effect that on 25.12.2002, they had kidnapped Gurpreet Singh

(deceased) and had detained him somewhere for a couple of days and had

thereafter murdered him. PW-7 Pawan Kumar further stated that the accused

requested him to get the matter compromised wit

father of the deceased) and to help them

been held that the facts so established should be consistent only with the guilt

of the accused, that is to say, they should not be explainable on any other

hypothesis except the one where the accused is guilty. It has further been held

that the circumstances should be such that they exclude every possible

hypothesis except the one to be proved. It has been held that there must be a

chain of evidence so complete as not to leave any reasonable ground for the

conclusion consistent with the innocence of the accused and must show that in

ities, the act must have been done by the accused.”

of blind murder not witnessed by anybody

seeks to establish its case on the following pieces of

PW-7 Pawan Kumar;

Motive i.e. the deceased objecting to the love affair of the accused

Jasbir Singh @ Mitha with his sister Rajni in respect of which a

love letter has been brought on record; &

at the instance of Jasbir Singh @ Mitha.

The first circumstance on which the prosecution

banks upon is the alleged extra judicial confession stated to have been made

by the accused before one Pawan Kumar. Pawan Kumar, while appearing in

19.01.2003 when he was moving on

skirts of his village (village Noorpur Bedi), both the accused out of

whom he knew Ajay Kumar previously came to him and confessed their guilt

25.12.2002, they had kidnapped Gurpreet Singh

(deceased) and had detained him somewhere for a couple of days and had

7 Pawan Kumar further stated that the accused

get the matter compromised with his father-in-law i.e. Joga

and to help them.

be consistent only with the guilt

of the accused, that is to say, they should not be explainable on any other

hypothesis except the one where the accused is guilty. It has further been held

sible

hypothesis except the one to be proved. It has been held that there must be a

chain of evidence so complete as not to leave any reasonable ground for the

conclusion consistent with the innocence of the accused and must show that in

witnessed by anybody

the following pieces of

Motive i.e. the deceased objecting to the love affair of the accused

Jasbir Singh @ Mitha with his sister Rajni in respect of which a

The first circumstance on which the prosecution

banks upon is the alleged extra judicial confession stated to have been made

Kumar, while appearing in

19.01.2003 when he was moving on

, both the accused out of

whom he knew Ajay Kumar previously came to him and confessed their guilt

25.12.2002, they had kidnapped Gurpreet Singh

(deceased) and had detained him somewhere for a couple of days and had

7 Pawan Kumar further stated that the accused

i.e. Joga

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CRA-D-183-DB-2004 (O&M)

19. An extra judicial confession, as repeatedly held by Hon’ble

is a weak type of evidence and at best can be used for corroborative purposes.

In order to examine the reliability of the said extra judicial confession, the

relationship/status

and the circumstances under which such is made also need to be examined.

In the present case, PW

Ram (father of deceased).

whom the accused Jasbir

Rajni herself.

whether the accused would have really chosen to confess before this witness.

Rather the close relationship of the said witness

Ram (father of the deceased) would also make him an

has nowhere stated that he had produced the accused

informed anybody else about the alleged extra judicial confession.

these circumstances, apart from the fact that an extra judicial confession is a

weak type of evidence, the alleged extra judicial confession in the instant case

made by the accused before an interested witness would otherwise also

become suspect and it is

confession.

20. Motive: In a case based on circumstantial evidence, motive also plays an

important role though of course it is not

on circumstantial evidence.

Rajni (sister of the deceased) was having a love affair with accused Jasbir

Singh @ Mitha and since Rajni’s brother i.e. the deceased, had come to know

about the same and was raising objection, the accused had thr

(O&M) &

(O&M)

( 16 )

An extra judicial confession, as repeatedly held by Hon’ble

is a weak type of evidence and at best can be used for corroborative purposes.

In order to examine the reliability of the said extra judicial confession, the

relationship/status of the person before whom accused had confessed his guilt

d the circumstances under which such is made also need to be examined.

In the present case, PW-7 Pawan Kumar is none else, but son

Ram (father of deceased). He is brother-

whom the accused Jasbir Singh had some kind of affair, as claimed by PW

Rajni herself. Under these circumstances, it becomes highly suspect as to

whether the accused would have really chosen to confess before this witness.

Rather the close relationship of the said witness

Ram (father of the deceased) would also make him an

has nowhere stated that he had produced the accused

informed anybody else about the alleged extra judicial confession.

cumstances, apart from the fact that an extra judicial confession is a

weak type of evidence, the alleged extra judicial confession in the instant case

made by the accused before an interested witness would otherwise also

become suspect and it is certainly not safe to rely upon on such extra judicial

confession.

: In a case based on circumstantial evidence, motive also plays an

important role though of course it is not sine qua non

on circumstantial evidence. In the present case, the motive alleged is that

Rajni (sister of the deceased) was having a love affair with accused Jasbir

Singh @ Mitha and since Rajni’s brother i.e. the deceased, had come to know

about the same and was raising objection, the accused had thr

An extra judicial confession, as repeatedly held by Hon’ble the Apex Court,

is a weak type of evidence and at best can be used for corroborative purposes.

In order to examine the reliability of the said extra judicial confession, the

of the person before whom accused had confessed his guilt

d the circumstances under which such is made also need to be examined.

7 Pawan Kumar is none else, but son-in-law of Joga

-in-law (Jija) of PW-3 Rajni with

Singh had some kind of affair, as claimed by PW

Under these circumstances, it becomes highly suspect as to

whether the accused would have really chosen to confess before this witness.

Rather the close relationship of the said witness being son-in-law of Joga

Ram (father of the deceased) would also make him an interested witness. He

has nowhere stated that he had produced the accused before police or had

informed anybody else about the alleged extra judicial confession. Under

cumstances, apart from the fact that an extra judicial confession is a

weak type of evidence, the alleged extra judicial confession in the instant case

made by the accused before an interested witness would otherwise also

not safe to rely upon on such extra judicial

: In a case based on circumstantial evidence, motive also plays an

sine qua non to prove a case based

e present case, the motive alleged is that

Rajni (sister of the deceased) was having a love affair with accused Jasbir

Singh @ Mitha and since Rajni’s brother i.e. the deceased, had come to know

about the same and was raising objection, the accused had threatened him of

the Apex Court,

is a weak type of evidence and at best can be used for corroborative purposes.

In order to examine the reliability of the said extra judicial confession, the

of the person before whom accused had confessed his guilt

d the circumstances under which such is made also need to be examined.

law of Joga

3 Rajni with

Singh had some kind of affair, as claimed by PW-3

Under these circumstances, it becomes highly suspect as to

whether the accused would have really chosen to confess before this witness.

law of Joga

He

police or had

Under

cumstances, apart from the fact that an extra judicial confession is a

weak type of evidence, the alleged extra judicial confession in the instant case

made by the accused before an interested witness would otherwise also

not safe to rely upon on such extra judicial

: In a case based on circumstantial evidence, motive also plays an

to prove a case based

e present case, the motive alleged is that

Rajni (sister of the deceased) was having a love affair with accused Jasbir

Singh @ Mitha and since Rajni’s brother i.e. the deceased, had come to know

eatened him of

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

dire consequences. PW

also stated that accused Jasbir Singh @ Mitha had been sending love letters to

her and one of such letters (Ex.PC)

Kumar. PW

hand-writing of Jasbir Singh on the said letter, which was also produced

before the police

that the accused while in the Panchayat had undertaken to produce the

deceased within eight days. PW

panchayatnama

21. As far as letter (Ex.PC) in question

chosen to get the hand

authenticity to the said letter. It is only the statement

claims to have

on which the prosecution relies to prove the said letter. PW

neither be said to be an expert

seen the accused Jasbir Singh writing and signing the documents inasmuch as

no other documen

Under these circumstances, the letter (Ex.PC) in question

written by accused Jasbir Singh. Shorn of the said letter, we are left with the

statement of PW

having come to know about her affair with Jasbir Singh, the said accused had

issued threats to her brother

the said motive is

prosecution faces a

(O&M) &

(O&M)

( 17 )

dire consequences. PW-3 Rajni has specifically stated in this regard.

also stated that accused Jasbir Singh @ Mitha had been sending love letters to

her and one of such letters (Ex.PC) was sent to her through co

Kumar. PW-3 Rajni while in the witness-

writing of Jasbir Singh on the said letter, which was also produced

police alongwith one panchayatnama

that the accused while in the Panchayat had undertaken to produce the

deceased within eight days. PW-4 Nirmal Singh

panchayatnama and also about the letter (Ex.PC)

As far as letter (Ex.PC) in question is concerned, the prosecution has not

chosen to get the hand-writing examined from any expert so as to lend

authenticity to the said letter. It is only the statement

claims to have identified the hand-writing to be that of Jasbir Singh

on which the prosecution relies to prove the said letter. PW

neither be said to be an expert of hand writing nor it can be said that she had

seen the accused Jasbir Singh writing and signing the documents inasmuch as

no other document written by Jasbir Singh has been produced on record.

Under these circumstances, the letter (Ex.PC) in question

written by accused Jasbir Singh. Shorn of the said letter, we are left with the

statement of PW-3 Rajni who has stated t

having come to know about her affair with Jasbir Singh, the said accused had

issued threats to her brother and warned him of dire consequences.

the said motive is held to be lying with the accused Jasbir

prosecution faces an uphill task to establish its case.

Rajni has specifically stated in this regard. She has

also stated that accused Jasbir Singh @ Mitha had been sending love letters to

was sent to her through co-accused Ajay

-box stated that she identified the

writing of Jasbir Singh on the said letter, which was also produced

panchayatnama. It is the case of prosecution

that the accused while in the Panchayat had undertaken to produce the

4 Nirmal Singh also stated about the said

(Ex.PC).

is concerned, the prosecution has not

writing examined from any expert so as to lend

authenticity to the said letter. It is only the statement of PW-3 Rajni, who

to be that of Jasbir Singh @ Mitha,

on which the prosecution relies to prove the said letter. PW-3 Rajni can

of hand writing nor it can be said that she had

seen the accused Jasbir Singh writing and signing the documents inasmuch as

t written by Jasbir Singh has been produced on record.

Under these circumstances, the letter (Ex.PC) in question cannot be said to be

written by accused Jasbir Singh. Shorn of the said letter, we are left with the

3 Rajni who has stated that her brother i.e. the deceased,

having come to know about her affair with Jasbir Singh, the said accused had

and warned him of dire consequences. Even if

held to be lying with the accused Jasbir Singh, still the

establish its case.

She has

also stated that accused Jasbir Singh @ Mitha had been sending love letters to

accused Ajay

box stated that she identified the

writing of Jasbir Singh on the said letter, which was also produced

rosecution

that the accused while in the Panchayat had undertaken to produce the

also stated about the said

is concerned, the prosecution has not

writing examined from any expert so as to lend

3 Rajni, who

@ Mitha,

3 Rajni can

of hand writing nor it can be said that she had

seen the accused Jasbir Singh writing and signing the documents inasmuch as

t written by Jasbir Singh has been produced on record.

cannot be said to be

written by accused Jasbir Singh. Shorn of the said letter, we are left with the

hat her brother i.e. the deceased,

having come to know about her affair with Jasbir Singh, the said accused had

Even if

Singh, still the

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

22. Recovery of kirpan

relies upon is recovery of

Mitha. As per the case of prosecution, the accused upon his arrest had been

interrogated by Inspector Jasbir Singh during the course of which

a disclosure statement as regards having concealed a

the said statement, he had got th

that the dead body was found to be bearing several incised wounds and the

doctor has also opined that injuries No.1, 2 & 3 could have been caused with

the said kirpan

accused Jasbir Singh can be used only to such a limited extent only i.e.

recovery of

that the said

chemical examiner.

not the case that human blood was found on the same, the factum of said

recovery would itself not be sufficient to connect the accused with the said

crime.

23. The net result is that at best it can be said that one of the accused i.e. Jasbir

Singh @ Mitha would have some motive to murder the deceased, but the

same at best could only lead to a suspicion as there is no other strong

connecting evidence to link him w

settled that

Hon’ble the Supreme Court in

Karnataka,

“92. Thus, even if it is believed that the accused appellant had a motive to

commit the crime, the same may be an important circumstance in a case

(O&M) &

(O&M)

( 18 )

Recovery of kirpan: Another piece of evidence on which the prosecution

relies upon is recovery of kirpan at the instance of accused Jasbir Singh @

As per the case of prosecution, the accused upon his arrest had been

interrogated by Inspector Jasbir Singh during the course of which

a disclosure statement as regards having concealed a

the said statement, he had got the said kirpan

that the dead body was found to be bearing several incised wounds and the

doctor has also opined that injuries No.1, 2 & 3 could have been caused with

kirpan, but the factum of recovery of a

accused Jasbir Singh can be used only to such a limited extent only i.e.

recovery of kirpan and nothing beyond that. It is not the case of prosecution

that the said kirpan was blood stained or was got examined from any

chemical examiner. In the absence of any evidence regarding its use, as it is

not the case that human blood was found on the same, the factum of said

would itself not be sufficient to connect the accused with the said

The net result is that at best it can be said that one of the accused i.e. Jasbir

Singh @ Mitha would have some motive to murder the deceased, but the

same at best could only lead to a suspicion as there is no other strong

connecting evidence to link him with the murder of the deceased. It is well

settled that suspicion howsoever strong cannot take the place of evidence.

Hon’ble the Supreme Court in AIR 2022 SC 5110, Subramanya Vs. State of

, while reiterating the aforesaid legal position, held a

Thus, even if it is believed that the accused appellant had a motive to

commit the crime, the same may be an important circumstance in a case

Another piece of evidence on which the prosecution

at the instance of accused Jasbir Singh @

As per the case of prosecution, the accused upon his arrest had been

interrogated by Inspector Jasbir Singh during the course of which he suffered

a disclosure statement as regards having concealed a kirpan and pursuant to

kirpan recovered. While it is correct

that the dead body was found to be bearing several incised wounds and the

doctor has also opined that injuries No.1, 2 & 3 could have been caused with

factum of recovery of a kirpan at the instance of

accused Jasbir Singh can be used only to such a limited extent only i.e.

and nothing beyond that. It is not the case of prosecution

was blood stained or was got examined from any

In the absence of any evidence regarding its use, as it is

not the case that human blood was found on the same, the factum of said

would itself not be sufficient to connect the accused with the said

The net result is that at best it can be said that one of the accused i.e. Jasbir

Singh @ Mitha would have some motive to murder the deceased, but the

same at best could only lead to a suspicion as there is no other strong

ith the murder of the deceased. It is well

suspicion howsoever strong cannot take the place of evidence.

AIR 2022 SC 5110, Subramanya Vs. State of

while reiterating the aforesaid legal position, held as under:

Thus, even if it is believed that the accused appellant had a motive to

commit the crime, the same may be an important circumstance in a case

Another piece of evidence on which the prosecution

at the instance of accused Jasbir Singh @

As per the case of prosecution, the accused upon his arrest had been

he suffered

and pursuant to

recovered. While it is correct

that the dead body was found to be bearing several incised wounds and the

doctor has also opined that injuries No.1, 2 & 3 could have been caused with

the instance of

accused Jasbir Singh can be used only to such a limited extent only i.e.

and nothing beyond that. It is not the case of prosecution

was blood stained or was got examined from any

In the absence of any evidence regarding its use, as it is

not the case that human blood was found on the same, the factum of said

would itself not be sufficient to connect the accused with the said

The net result is that at best it can be said that one of the accused i.e. Jasbir

Singh @ Mitha would have some motive to murder the deceased, but the

same at best could only lead to a suspicion as there is no other strong

ith the murder of the deceased. It is well

suspicion howsoever strong cannot take the place of evidence.

AIR 2022 SC 5110, Subramanya Vs. State of

Thus, even if it is believed that the accused appellant had a motive to

commit the crime, the same may be an important circumstance in a case

CRA-D-151-DB-2004 (O&M)

CRA-D-183-DB-2004 (O&M)

based on circumstantial evidence but cannot take the place as a conclusive

proof that the person

say that the presence of motive in the facts and circumstances of the case

creates a strong suspicion against the accused appellant but suspicion,

howsoever strong, cannot be a substitute for proof of t

beyond reasonable doubt. The trial court rightly disbelieved motive to

commit the crime as the evidence in this regard is absolutely hearsay in

nature.

24. Consequently, we find that the

evidence to establish all the links in the chain of circumstantial evidence from

which it can be said with certainty that it is the accused, who had committed

the murder of deceased. Resultantly, the findings as recorded by the trial

Court as regards guilt o

aside.

25. Both the appeals

sentence dated

hereby set aside. The appellant

against them

26. A copy of this judgment be sent to the quarters concerned. Case property be

dealt with under rules upon expiry of limitation for filing appeal

appeal/revision, as the case may be.

27.05.2025

Vimal

(O&M) &

(O&M)

( 19 )

based on circumstantial evidence but cannot take the place as a conclusive

proof that the person concerned was the author of the crime. One could even

say that the presence of motive in the facts and circumstances of the case

creates a strong suspicion against the accused appellant but suspicion,

howsoever strong, cannot be a substitute for proof of t

beyond reasonable doubt. The trial court rightly disbelieved motive to

commit the crime as the evidence in this regard is absolutely hearsay in

nature.”

Consequently, we find that the prosecution has miserably failed to lead

dence to establish all the links in the chain of circumstantial evidence from

which it can be said with certainty that it is the accused, who had committed

the murder of deceased. Resultantly, the findings as recorded by the trial

Court as regards guilt of the accused are unsustainable and deserve to be set

Both the appeals, as such, are allowed and impugned judgment and order of

sentence dated 10.12.2003 passed by learned Sessions Judge,

hereby set aside. The appellants are acquitted of all the charges framed

them. Their bail bonds/surety bonds shall stand discharged.

A copy of this judgment be sent to the quarters concerned. Case property be

dealt with under rules upon expiry of limitation for filing appeal

al/revision, as the case may be.

(GURVINDER SINGH GILL

Whether speaking/reasoned:

Whether reportable:

based on circumstantial evidence but cannot take the place as a conclusive

concerned was the author of the crime. One could even

say that the presence of motive in the facts and circumstances of the case

creates a strong suspicion against the accused appellant but suspicion,

howsoever strong, cannot be a substitute for proof of the guilt of the accused

beyond reasonable doubt. The trial court rightly disbelieved motive to

commit the crime as the evidence in this regard is absolutely hearsay in

prosecution has miserably failed to lead

dence to establish all the links in the chain of circumstantial evidence from

which it can be said with certainty that it is the accused, who had committed

the murder of deceased. Resultantly, the findings as recorded by the trial

f the accused are unsustainable and deserve to be set

, as such, are allowed and impugned judgment and order of

passed by learned Sessions Judge, Hoshiarpur are

acquitted of all the charges framed

bail bonds/surety bonds shall stand discharged.

A copy of this judgment be sent to the quarters concerned. Case property be

dealt with under rules upon expiry of limitation for filing appeal

GURVINDER SINGH GILL )

JUDGE

(JASJIT SINGH BEDI)

JUDGE

Yes/No

Yes/No

based on circumstantial evidence but cannot take the place as a conclusive

concerned was the author of the crime. One could even

say that the presence of motive in the facts and circumstances of the case

creates a strong suspicion against the accused appellant but suspicion,

he guilt of the accused

beyond reasonable doubt. The trial court rightly disbelieved motive to

commit the crime as the evidence in this regard is absolutely hearsay in

prosecution has miserably failed to lead

dence to establish all the links in the chain of circumstantial evidence from

which it can be said with certainty that it is the accused, who had committed

the murder of deceased. Resultantly, the findings as recorded by the trial

f the accused are unsustainable and deserve to be set

, as such, are allowed and impugned judgment and order of

are

acquitted of all the charges framed

A copy of this judgment be sent to the quarters concerned. Case property be

dealt with under rules upon expiry of limitation for filing appeal