As per case facts, Jaswant Singh's son, Balbir Singh, was murdered. The trial court convicted Gurmail Singh and co-accused for murder and conspiracy based on circumstantial evidence, including last-seen testimony, ...
104
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CRA-D-490-DB-2004 (O&M)
Gurmail Singh @ Gaili & others
… Appellants
Versus
State of Punjab
… Respondent
2. CRA-S-916-SB-2004 (O&M)
Karamjit Singh @ Malhi
… Appellant
Versus
State of Punjab
… Respondent
3. CRR-1175-2004 (O&M)
Jaswant Singh
… Petitioner
Versus
State of Punjab
… Respondent
Reserved on : 11
th
August, 2025
Pronounced on : 25
th
August, 2025
CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL
HON’BLE MR. JUSTICE H. S. GREWAL
Argued by: Mr. SPS Sidhu, Advocate for the appellants.
Mr. Mohit Kapoor, Sr. Dy. Advocate General, Punjab
assisted by Mr. R.K. Dhiman, Advocate for the complainant.
MANJARI NEHRU KAUL, J.
CRA-D-490-DB-2004 (O&M)
1. The present appeal has been preferred against the judgment
of conviction dated 01.03.2004 and the consequential order of sentence
dated 02.03.2004 passed by the Court of learned Sessions Judge,
CRA-D-490-DB-2004; CRA-S-916-SB-2004; and CRR-1175-2004
2
Faridkot, whereby the appellants have been convicted and sentenced, in
connection with the alleged murder of one Balbir Singh, as under:
Under Section Sentence In default of payment
of fine
302/34 IPC Rigorous imprisonment for
life and to pay a fine of
`10000/- each
To further undergo
rigorous imprisonment
for six months each
120-B IPC Rigorous imprisonment for
life and to pay a fine of
`10000/- each
To further undergo
rigorous imprisonment
for six months each
Both the substantive sentences were ordered to run
concurrently.
2. The genesis of the prosecution case lies in the statement of
PW-2 Jaswant Singh, the complainant, on the basis of which FIR No.28
dated 11.05.1999 Ex.PD was registered at Police Station Nihal Singh
Wala.
3. Briefly stated, the complainant, Jaswant Singh had two sons,
Jagdish Singh and Balbir Singh (since deceased), both engaged in
running chemist shops. Jagdish Singh operated his shop at village
Baude, while deceased Balbir Singh had been running his chemist shop
at Badhni Kalan for the last about 10 years. It was their routine to return
home in the evenings after closing their respective shops.
4. On the night of 10.05.1999, Jagdish Singh returned home as
usual; however, Balbir Singh did not. After waiting for some time, the
complainant, accompanied by Jagdish Singh and Sarpanch Balwinder
Singh set out in search of Balbir Singh. Around 1:00 am, while passing
near the tube-well bore of one Gela Singh in the area of village Rao Ke
Kalan, they discovered the dead body of Balbir Singh lying on the left
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3
side of the road. The body bore visible firearm injuries and was smeared
with blood.
5. Near the body lay a Vespa scooter bearing registration
No.PB-36A-0890, along with 2 empty 12 bore cartridges. The
complainant suspected that unknown assailants had murdered his son by
causing firearm injuries. Leaving Jagdish Singh at the spot, he and the
Sarpanch proceeded to Police Station Nihal Singh Wala, where
Inspector Sandeep Kumar recorded the FIR.
6. On 11.05.1999, PW-19 Inspector Sandeep Kumar visited the
scene of occurrence in the presence of the complainant and the
Sarpanch. He prepared the inquest report Ex.PB on the identification of
Jaswant Singh and Balwinder Singh. Two empty 12 bore cartridges were
recovered, converted into a parcel, sealed with the seal impression “SK”,
and taken into possession vide memo Ex.PZ. Blood-stained earth and
plain earth were also separately sealed and taken into possession vide
memo Ex.PY. The Vespa scooter and its registration certificate, Ex.P11,
were similarly taken into possession vide memo Ex.PAA.
7. The dead-body was sent to the Civil Hospital Moga for
postmortem examination, along with request Ex.PC through HC Baljeet
Singh. PW-6. PW-1 Dr. Sukhmander Singh and Dr. VJS Dhillon
conducted the autopsy on 11.05.1999. Certain articles, including the
clothes of the deceased Ex.P12 to Ex.P17, were produced before the
Investigating Officer, sealed, and taken into possession vide memo
Ex.PW-19/A. Parcels containing wads and pellets were marked as
Ex.P18 and Ex.P19. The rough site plan of the place of occurrence
Ex.PW19/B was prepared, and all parcels along with the scooter were
deposited with the MHC.
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4
8. Subsequently, investigation was entrusted to PW-20
Inspector Balwinder Singh. On 07.06.1999, he recorded the statement of
PW-10 Mohinder Singh, a Panchayat member of village Rao Ke Kalan,
under Section 161 Cr.P.C. PW-10 Mohinder Singh disclosed that about
2-3 days earlier, all 3 accused – Gurmail Singh alias Gaili, Sadhu Singh,
and Karamjit Singh alias Malhi – had approached him, confessed to
having committed the murder of Balbir Singh, and sought to be
produced before the police.
9. On 09.06.1999, PW-10 Mohinder Singh produced the three
accused before PW-20 Inspector Balwinder Singh, who arrested them
after apprising them of the grounds of arrest vide memo Ex.PW.
10. During investigation, accused Sadhu Singh produced a
licensed 12 bore gun Ex.P1, which was seized vide memo Ex.PJ;
accused Karamjit Singh produced a torch Ex.P2, seized vide memo
Ex.PK; accused Gurmail Singh alias Gaili, on interrogation, made a
disclosure statement Ex.PH regarding concealment of a .38 bore
revolver and 3 cartridges in a glazed envelope buried near the wall of his
house. Pursuant to the statement, he led the police to the spot and
recovered the said revolver and cartridges, which were seized vide
memo Ex.PM.
11. Accused Karamjit Singh also made a disclosure statement
Ex.PO/1 about concealing a 12 bore pistol and 5 cartridges under a heap
of manure. Pursuant thereto, recovery was effected, and the pistol was
seized vide memo Ex.PO.
12. Separate cases under the Arms Act were registered against
accused Gurmail Singh and Karamjit Singh for these recoveries. The
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5
scooter of accused Sadhu Singh was also taken into possession vide
memo Ex.PX.
13. Upon completion of investigation, the police presented
challan before the Illaqa Magistrate, who thereafter committed the case
to the Court of Sessions.
14. Since a prima facie case under Sections 302/34 and 120-B
IPC was made out against all the accused, they were accordingly charge-
sheeted to which they pleaded not guilty and claimed trial.
15. To substantiate its case, the prosecution examined 20
witnesses, including PW-1 Dr. Sukhmander Singh, PW-2 Jaswant Singh
(complainant), PW-10 Mohinder Singh (witness of extra-judicial
confession), PW-19 Inspector Sandeep Kumar and PW-20 Inspector
Balwinder Singh. The prosecution also tendered FSL reports Ex.PCC to
Ex.PEE and closed its evidence.
16. In their statements recorded under Section 313 Cr.P.C., the
accused denied the incriminating circumstances. Accused Gurmail
Singh asserted false implication, absence of motive, and denial of
having made any extra-judicial confession or disclosure statement. He
claimed that he was lifted from his house on 19.05.1999 in the presence
of respectables, detained for several days, and his arrest shown later.
Similar pleas were taken by accused Sadhu Singh and accused Karamjit
Singh, with the accused Karamjit Singh additionally asserting that the
Panchayat members had moved an application before the then
Additional Sessions Judge, Faridkot regarding his illegal detention.
17. The defence examined DW-1 Inderpal Singh and DW 2
Paramjeet Singh.
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6
18. Upon consideration of the evidence, the learned trial Court
convicted all three accused – Gurmail Singh alias Gaili, Sadhu Singh
and Karamjit Singh alias Malhi – under Section 302/34 and 120-B IPC
and sentenced them as already detailed in the earlier part of this
judgment.
SUBMISSIONS ON BEHALF OF THE APPELLANTS
19. Learned counsel for the appellants, while assailing the
judgment of conviction rendered by the learned trial Court, has
advanced the following submissions:
(i) Case based on Circumstantial Evidence
At the very outset, it is urged that the entire case of the
prosecution rests exclusively on circumstantial
evidence. The settled legal principle is that where
conviction is sought on the basis of circumstances, the
chain must be complete in every respect and must
unerringly point to the guilt of the accused. Even if a
single link is missing or found doubtful, the edifice of
the prosecution falls. In the present case, as per the
learned counsel, the circumstances pressed into
service are discrepant, incomplete, and incapable of
forming an unbroken chain so as to sustain conviction.
(ii) Last seen account (PW-3 Malkiat Singh)
The first circumstance relied upon by the prosecution
is the alleged last-seen testimony of PW-3 Malkiat
Singh. It is contended that his version is wholly
unreliable. He claims to have seen the accused at
about 9:30 PM near the scooter of the deceased on the
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7
fateful night, but instead of informing anyone, he
immediately left for Anandpur Sahib and remained
away for nearly 5 days. He surfaced only on
15.05.1999 and allegedly disclosed this fact for the
first time. Such conduct, as per the learned counsel, is
unnatural, inconsistent with human behavior, and
indicative of a false afterthought. His belated
disclosure renders his testimony unsafe and unworthy
of reliance.
(iii) Evidence of conspiracy (PW-4 Jaswant Singh)
The second circumstance pressed is the alleged
conspiracy, spoken to by PW-4 Jaswant Singh. This
witness claims to have overheard a conspiracy in the
village Gurudwara. However, even if his testimony is
accepted at face value, the alleged conversation
pertains to a time almost two years prior to the
incident. PW-4 Jaswant Singh admits that he never
disclosed this fact to his father who was the Head
Granthi, or to any villager. Such prolonged silence, it
is argued, makes his testimony wholly unreliable. The
conspiracy is vague in time, place, and content, and
cannot be regarded as a trustworthy circumstance.
(iv) Extrajudicial confession (PW-10 Mohinder Singh)
The third circumstance relied upon is the alleged
extra-judicial confession before PW-10 Mohinder
Singh. Learned counsel submits that this is wholly
improbable. It defies logic that all three accused,
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8
nearly a month after the occurrence, would voluntarily
approach PW-10 Mohinder Singh, confess to their
guilt, excuse themselves on the pretext of urinating,
and then return to repeat the confession. Such
behavior is contrary to ordinary human conduct.
Furthermore, PW-10 Mohinder Singh is admittedly
closely related to the complainant’s side, thereby
lacking the impartiality necessary for reliance. It is
emphasized that an extra-judicial confession must be
voluntary and truthful, but in the present case, it is
contrived and unworthy of credence.
(v) Contradictions in medical evidence
It is next submitted that the medical evidence
demolishes the case of the prosecution. PW-1
Dr.Sukhmander Singh, who conducted the
postmortem, deposed that injury No.3 was an incised
wound on the right side of the skull, measuring 25 x
20 centimeters, with fragments of skull bone missing
and brain matter protruding. According to him, this
was the most fatal injury. Yet, as per the version of the
prosecution, the accused were armed only with
firearms; there is no allegation of any sharp-edged
weapon. The most fatal injury, therefore, stands
unexplained. Further, in cross-examination, the doctor
opined that the probable time of death was around
3:00 PM on 10.05.1999, whereas the prosecution case
places the occurrence at midnight between 10
th
and
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9
11
th
of May 1999. The doctor also stated that the
deceased had taken his last meal about one hour
before death. This scientific evidence, it is urged,
directly contradicts the ocular version and fatally
undermines the prosecution timeline.
(vi) Fabricated recoveries
It is argued that the alleged recovery of two empty
cartridges from the spot is fabricated. Column No.23
of the inquest report Ex.PX, which should record all
articles found near the body, is conspicuously blank.
Had empties or blood-stained earth been recovered,
they would have been noted there. Their later
introduction appears contrived. Moreover, the alleged
matching of these empties with the licensed gun of
accused Sadhu Singh is unreliable, since the weapon
was not sealed on the spot. The ballistic opinion,
therefore, cannot be safely relied upon.
(vii) Weak motive
The reliance placed by the prosecution on the alleged
motive is entirely misplaced. The alleged motive –
that there was some land exchange between the
complainant’s family and the accused, is vague and
unsupported by any documentary proof. The motive
here is clearly speculative and weak.
(viii) Proceedings under the Arms Act
It is pointed out that the recoveries attributed to accuse
Gurmail Singh and Karamjit Singh led to separate
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10
prosecutions under the Arms Act, but those
proceedings did not culminate in any conviction
connected with the present case. Consequently, those
recoveries cannot be pressed into service to sustain the
conviction under Section 302/34 and 120-B IPC.
20. It has been finally argued that on an overall appraisal, the
prosecution case is riddled with infirmities; the last seen account is
doubtful, the conspiracy evidence is vague, the extra-judicial confession
is unnatural, the medical evidence contradicts the ocular version, the
recoveries are fabricated and the motive is clearly speculative. Learned
counsel has further asserted that suspicion, however strong, cannot
substitute proof. Hence, the conviction recorded by the trial Court is
unsustainable and deserves to be set aside.
SUBMISSIONS ON BEHALF OF THE STATE
21. Per contra learned State counsel assisted by learned counsel
for the complainant has supported the conviction and advanced the
following submissions:
(i) It is submitted that the judgment of the trial Court is
well-reasoned, based on appreciation of evidence, and
calls for no interference in appeal. The prosecution has
relied not on a solitary circumstance but on a series of
inter-linked circumstances which, taken cumulatively,
form a complete chain pointing only towards the guilt
of the accused.
(ii) The testimony of PW-3 Malkiat Singh (witness of last
seen), it is argued, is both natural and credible. His
absence for a few days owing to his visit to Anandpur
Sahib does not render his statement unreliable. His
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11
version that he saw the accused perplexed near the
scooter shortly before the recovery of the dead body is
a vital link in the chain of circumstances and cannot be
discarded merely on account of the timing of
disclosure.
(iii) The evidence of PW-4 Jaswant Singh regarding the
conspiracy, though disclosed belatedly, cannot be
brushed aside. In rural settings, witnesses often refrain
from immediately disclosing over-heard conversations
for fear of hostility. His testimony, therefore, lends
corroboration to the element of premeditation and
should not be lightly discarded.
(iv) The extra-judicial confession made before PW-10
Mohinder Singh comes across as wholly reliable. PW-
10 Mohinder Singh is a member of Panchayat, a
person of repute and standing in the village, and there
exists no reason for him to falsely implicate the
accused. The accused voluntarily confessed before
him and requested to be produced before the police,
which was promptly done. The fact that he is distantly
related to the complainant is immaterial, so long as his
testimony inspires confidence. It is well settled that an
extra-judicial confession, if voluntary and true, can
form the sole basis of conviction.
(v) The recoveries, as per the learned State counsel,
further strengthen the case of the prosecution. Two
empty cartridges recovered from the spot were duly
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12
sealed and sent to the FSL, which opined that they
were fired from the licensed gun of accused Sadhu
Singh. In addition, the Vespa scooter, torch, revolver,
and pistol recovered pursuant to disclosure statements
corroborate the prosecution version. The omission in
the inquest report cannot nullify recoveries which are
duly proved by a seizure memos.
(vi) As regards medical evidence, it is contended that the
description of injury No.3 as an incised wound could
well represent a firearm injury at close range, which
often shatters bones and produces an incise like effect.
The observation of the doctor regarding the probable
time of death is only an approximation, and medical
opinion cannot outweigh the consistent and reliable
ocular testimony of the prosecution witnesses.
(vii) On the aspect of motive, it has been submitted that the
land exchange between the family of the complainant
and the accused side did provide a tangible cause for
resentment. Accused Gurmail Singh, in particular,
harbored a grudge and, in furtherance of this
resentment, conspired with his co-accused to eliminate
the deceased.
22. Learned State counsel has, therefore, vehemently argued
that on the strength of the last-seen account, the evidence of conspiracy,
the extra-judicial confession, the recoveries duly corroborated by
forensic evidence, the medical opinion when read harmoniously with
ocular testimony, and the motive borne out of land disputes, the
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13
prosecution has established its case beyond reasonable doubt. The
conviction recorded by the learned trial Court is, therefore, fully
justified and calls for affirmation.
FINDINGS OF THE COURT
23. We have heard learned counsel for the appellants and have
thoroughly examined the evidence on record. Upon scrutiny of the
evidence on record, we find ourselves unable to sustain the conviction.
24. It is well settled that when a case rests solely on
circumstantial evidence, the circumstances relied upon must be fully
established, and the chain of evidence must be so complete as to exclude
every hypothesis except the guilt of the accused.
25. The prosecution must establish:
(i) that the circumstances from which the conclusion of
guilt is drawn are fully proved;
(ii) that all the facts are consistent only with the
hypothesis of guilt;
(iii) that the circumstances are of a conclusive nature and
tendency;
(iv) that they exclude every possible hypothesis except the
guilt of the accused; and
(v) that the chain of evidence is complete.
26. If any link is missing, the accused is entitled to acquittal.
Suspicion, however grave, cannot take the place of proof.
27. The testimony of PW-3 Malkiat Singh, who claims to have
last seen the accused near a scooter on the fateful night, is fraught with
doubt. His failure to disclose this fact for five days, despite having
ample opportunity, renders his testimony unnatural and inconsistent with
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14
ordinary human conduct. Such belated disclosure, without plausible
explanation, carries the clear imprint of an afterthought. Courts have
repeatedly cautioned that last-seen evidence must be cogent and reliable,
or else it cannot sustain conviction.
28. Further, the claim of PW-4 Jaswant Singh of overhearing a
conspiracy in the village Gurdwara nearly two years before the incident,
is inherently unreliable. His prolonged silence, even from his father –
the Head Granthi of the village Gurdwara – renders his evidence
unworthy of credence. It needs to be emphasized that vague and stale
allegations cannot constitute proof of conspiracy.
29. Coming to the extra-judicial confession made before PW-10
Mohinder Singh, the same is equally improbable. It is difficult to accept
that all three accused would, nearly a month after the incident,
voluntarily confess, leave under a pretext, and then return to repeat the
confession. This conduct defies logic. Moreover, PW-10 Mohinder
Singh is admittedly related to the complainant, which further erodes
impartiality. It is settled that extra-judicial confessions are a weak piece
of evidence and, unless voluntary, truthful, and inspiring confidence,
cannot be relied upon. The present alleged confession does not meet that
threshold.
30. Furthermore, the post-mortem conducted by PW-1
Dr.Sukhmander Singh revealed a large incised wound on the skull with
bone fragments missing and brain matter protruding – injuries
inconsistent with firearm use, which was the only case of the
prosecution. Additionally, the medical opinion fixed the probable time
of death at about 3:00 PM on 10.05.1999, with the last meal consumed
an hour prior. This directly contradicts the prosecution's version that the
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15
incident occurred around midnight of 10
th
and 11
th
of May 1999. Where
medical evidence runs counter to the ocular version, the prosecution
case cannot be accepted without hesitation.
31. The alleged recovery of empty cartridges is tainted by
serious infirmity. Column 23 of the inquest report Ex.PX, which should
have noted such recoveries, is admittedly blank. Their subsequent
introduction strongly suggests fabrication. Moreover, the ballistic report
Ex.PEE linking the empties to the licensed gun of accused Sadhu Singh
is unsafe, as the weapon was not sealed at the spot. The possibility of
tampering, therefore, cannot be ruled out. It is trite that recoveries must
be unimpeachable to be relied upon.
32. The prosecution’s suggestion of motive, being a vague
dispute over exchange of land, is unsubstantiated by any evidence, much
less documentary. Motive in the present case comes across as merely
speculative.
33. On a holistic appraisal, the case of the prosecution is riddled
with infirmities : the last-seen evidence comes across as untrustworthy,
the evidence of conspiracy is stale and vague, the extra-judicial
confession is improbable, the medical evidence contradicts the timeline
given by the prosecution, the recoveries clearly appear to be fabricated,
and the motive is also weak. The chain of circumstances is thus broken
at several links and falls far short of the legal standard required.
34. In such circumstances, the appellants are entitled to the
benefit of doubt. It is a cardinal principle that where two views are
possible, the one favouring the accused must prevail.
35. For the foregoing reasons, we hold that the prosecution has
failed to prove its case beyond reasonable doubt. The conviction
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16
recorded by the trial Court is unsustainable in law. The appeal is
accordingly allowed. The judgement of conviction dated 01.03.2004 and
the consequential order of sentence dated 02.03.2004 passed by the
learned trial Court are hereby set aside.
CRA-S-916-SB-2004 (O&M)
36. The instant appeal has been filed by accused Karamjit Singh
alias Malhi against the judgment of conviction dated 01.03.2004 and the
consequential order of sentence dated 02.03.2004 passed by the Court of
learned Sessions Judge, Faridkot, whereby he has been convicted under
Section 25 of the Arms Act, 1959 and sentenced to undergo rigorous
imprisonment for a period of three years and to pay a fine of ` 5000/-,
and in default of payment of fine to further undergo rigorous
imprisonment for three months.
37. Learned counsel for the appellant has argued that the
prosecution failed to establish that the alleged recovery was effected
from the conscious possession of the appellant. It is contended that the
pistol was not sealed when produced before PW2 (Armourer Kewal
Krishan), no independent witness was joined though villages fell on the
route, and the version of concealment of a weapon under a heap of
manure alongside the house is inherently improbable. Attention is also
invited to alleged discrepancies in the statements of PWs, which
according to counsel were brushed aside by the learned trial Court.
38. Per contra, learned State counsel submits that the recovery
of the country-made pistol (Ex.P2) along with five live cartridges (Ex.P3
to Ex.P7) stands duly proved through disclosure statement Ex.PA/1
suffered by the appellant, attested by PW4 ASI Hardeep Singh. The
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17
recovery memo (Ex.PC), sketch (Ex.PB), and site plan (Ex.PD)
corroborate the seizure. PW3 Inspector Balwinder Singh and PW4 ASI
Hardeep Singh have consistently deposed regarding the recovery, and
their testimony cannot be discarded merely because they are official
witnesses. PW1 Ramji Dass proved sanction Ex.P1 and PW2 Armourer
Kewal Krishan proved test report Ex.PA confirming the pistol to be in
working condition. It is submitted that the trial Court has rendered a
well-reasoned judgment and no infirmity is made out.
39. Heard learned counsel for the parties and perused the
relevant material on record.
40. On consideration of the rival submissions, we find that the
disclosure statement Ex.PA/1 made by the appellant led to the recovery
of pistol Ex.P2 and cartridges Ex.P3 to Ex.P7, duly taken into
possession vide memo Ex.PC and supported by sketch Ex.PB and site
plan Ex.PD. The sanction Ex.P1 stands proved by PW1. The test report
Ex.PA establishes that the weapon was serviceable. The testimony of
PW3 Inspector Balwinder Singh and PW4 ASI Hardeep Singh is
consistent and reliable. The contention regarding absence of independent
witnesses does not detract from the prosecution case, as official
witnesses inspire confidence and no motive for false implication has
been shown. The minor irregularity regarding non-sealing does not go to
the root, the recovery being directly linked to the disclosure by the
appellant himself.
41. This Court thus finds no merit in the appeal. The conviction
of the appellant under Section 25 of the Arms Act is upheld. However,
considering the period already undergone, the sentence is reduced to that
already undergone by the appellant.
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42. The appeal is disposed of accordingly.
CRR-1175-2004 (O&M)
Since in the connected main appeals the judgment of
conviction dated 01.03.2004 and the order of sentence dated 02.03.2004
have been set aside and the appellants – Gurmail Singh alias Gaili,
Sadhu Singh and Karamjit Singh alias Malhi – stand acquitted of the
charges framed against them under Sections 302/34 and 120-B IPC, the
instant revision petition filed by complainant Jaswant Singh seeking
enhancement of sentence and fine does not survive and is accordingly
dismissed.
(MANJARI NEHRU KAUL)
JUDGE
(H. S. GREWAL)
JUDGE
August 25, 2025
rps
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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