As per case facts, a long-standing land dispute escalated into a violent confrontation where appellants, armed with firearms and other weapons, attacked the complainant side. Three persons from the complainant ...
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRA-D-1001-DB-2004 (O&M)
Reserved on 01.09.2025
Pronounced on: 17.09.2025
Joginder Singh Tiger and others .....Appellants
Versus
The State of Punjab .....Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
HON'BLE MR. JUSTICE H.S. GREWAL
Argued by : Mr. P.S. Ahluwalia, Advocate with
Mr. Roshneel Singh Brar, Advocate and
Ms. Simerpreet Sekhon, Advocate
for the appellants.
Mr. H.S. Deol, Sr. DAG, Punjab.
****
MANJARI NEHRU KAUL , J.
1. The instant Criminal Appeal is directed against the
judgement of conviction and order of sentence both dated 27.10.2004
passed by learned Additional Sessions Judge, Ludhiana, whereby
appellants, namely Joginder Singh Tiger, Harjinder Singh alias Jind,
Bhagwan Singh alias Honey, Jaspreet Singh, Varinder Singh alias
Bittu, Avtar Singh alias Mara and Varinder Singh alias Billu, were
convicted, in case FIR No.75 dated 06.05.2001 under Sections
302/324/323/148/149 of the IPC and Sections 25 and 27 of the Arms
Act registered at Police Station Sarbha Nagar, Ludhiana, for the murder
of Nirbhai Singh, Malkiat Singh and Gurnam Singh, and sentenced
accordingly.
2. At the outset, learned counsel for the appellants has
informed the Court that appellant No.1-Joginder Singh Tiger has since
CRA-D-1001-DB-2004 (O&M) -2-
expired during pendency of the instant appeal. The factum of his death
stands confirmed by the learned State counsel also.
3. In the circumstances, proceedings qua appellant No.1
Joginder Singh Tiger stand abated.
The Case of the Prosecution
4. The case of the prosecution, as unfolded during trial, is that
there existed a long-standing dispute over Shamlat land between the
complainant side, comprising Malkiat Singh and Nirbhai Singh, on one
hand, and Joginder Singh Tiger and his family, on the other. Civil
litigation in respect of the land had culminated in favour of both
Malkiat Singh and Nirbhai Singh.
4(a). On 06.05.2001, at about 10.30 am, Malkiat Singh and
Nirbhai Singh commenced raising construction upon the disputed land.
At that stage, accused Joginder Singh Tiger arrived at the spot,
accompanied by his associates. He was followed by accused Avtar
Singh alias Mara, armed with a .12-bore single-barrel gun; accused
Varinder Singh alias Billu carrying a .12-bore double-barrel gun;
accused Harjinder Singh alias Jind wielding a gandasa; and accused
Jaspreet Singh, Bhagwan Singh, and Varinder Singh alias Bittu, each
armed with a kirpan. Accused Joginder Singh Tiger raised a lalkara,
that none of the complainant's side should be spared.
4(b). On this exhortation, accused Avtar Singh fired a shot from
his gun, which struck Nirbhai Singh on the chest. Almost
simultaneously, accused Varinder Singh alias Billu discharged his
double-barrel gun, inflicting a firearm injury on the chest of Malkiat
CRA-D-1001-DB-2004 (O&M) -3-
Singh. Thereafter, accused Jaspreet Singh, Bhagwan Singh and
Varinder Singh alias Bittu attacked Malkiat Singh and Nirbhai Singh
with kirpans, causing further injuries. When Jagtar Singh (PW-7) and
Sukhjit Singh (PW-6) attempted to intervene, they too were assaulted
and sustained injuries.
4(c). At this juncture, Gurnam Singh reached the spot, raising an
alarm. Accused Joginder Singh Tiger again shouted that he too should
not be spared, upon which accused Varinder alias Billu fired at Gurnam
Singh, causing firearm injuries on his thighs. All the injured were
shifted to DMC Hospital, Ludhiana, where Malkiat Singh and Nirbhai
Singh were declared dead. Gurnam Singh also subsequently succumbed
to his injuries. Injured Sukhjit Singh and Jagtar Singh survived; they
were both medically examined and found injured.
4(d). The medical evidence corroborated the prosecution version
in material particulars.
4(e). Dr. U.S. Sooch (PW-1) and Dr. Anil Verma (PW-1 2)
conducted the post-mortems on the three persons—Malkiat Singh,
Nirbhai Singh and Gurnam Singh—who succumbed to the firearm
injuries. They opined that :
●Nirbhai Singh had died due to firearm injury to the chest
(Ex.PC).
●Malkiat Singh sustained a firearm injury which ruptured
the liver and aorta leading to death from shock and
haemorrhage (Ex.PF).
●Gurnam Singh suffered firearm injuries on his thighs,
CRA-D-1001-DB-2004 (O&M) -4-
which ruptured femoral vessels, causing haemorrhage and
shock (Ex.PJ).
●Dr. Amanjit Singh (PW-9) examined injured Jagtar Singh
and noted four injuries, including fractures of the frontal
and occipital bones, declaring two of them grievous
(Ex.PH/1).
●Dr. Adish Awasthi (PW-14) examined injured Sukhjit
Singh and found five injuries, all simple in nature, caused
by a blunt weapon (Ex.PN).
4(f). The investigation was initially conducted by SI Pawanjit
(PW-8), who recorded the statement of complainant Prabhjit Singh
(Ex.PW5/A), on the basis of which FIR (Ex.PB/2) was registered. He
prepared the site plan (Ex.PD), lifted blood-stained earth, and seized
empty cartridges from the place of occurrence.
4(g). Inspector Karam Singh (PW-10) thereafter continued with
the investigation. He collected the blood-stained clothes of the
deceased (Ex.P12 to Ex.P19), and prepared the relevant recovery
memos.
4(h). SI Waryam Singh (PW-13) arrested the accused, recorded
their disclosure statements, and effected recoveries. Pursuant thereto :
●Accused Avtar Singh produced a single-barrel gun with
cartridges (Ex.P1 to P4).
●Accused Varinder alias Billu produced a double-barrel gun
with cartridges (Ex.P5 to P7).
●Accused Jaspreet Singh, Bhagwan Singh, and Bittu
CRA-D-1001-DB-2004 (O&M) -5-
produced kirpans (Ex.P8 to P10).
●Accused Harjinder Singh produced a hockey (Ex.P11).
4(i). To establish its case, the prosecution examined 14
witnesses :
●PW-1 Dr. U.S. Sooch : conducted post-mortem of all the
three deceased persons.
●PW-2 Balbir Singh, Clerk : produced firearm licence
registers and confirmed that accused Avtar Singh and
accused Bhagwan Singh were licensees of 12-bore guns.
●PW-3 Harnesh Lal and PW-4 Constable Devinder Singh :
Formal witnesses who proved affidavits regarding custody
of case property.
●PW-5 Prabhjit Singh, complainant and star eyewitness :
narrated the entire occurrence, attributing fatal shots to
accused Avtar Singh and accused Varinder Singh alias
Billu, kirpan blows to accused Jaspreet Singh, Bhagwan
Singh and Varinder Singh alias Bittu, and lalkaras to
accused Joginder Singh Tiger. He proved his statement
(Ex.PW5/A).
●PW-6 Sukhjit Singh, injured eyewitness : corroborated the
version of the complainant.
●PW-7 Jagtar Singh, injured eyewitness : supported the case
of the prosecution.
●PW-8 SI Pawanjit : proved registration of FIR and
preparation of site plan.
CRA-D-1001-DB-2004 (O&M) -6-
●PW-9 Dr. Amanjit Singh : examined Jagtar Singh, declared
two injuries grievous.
●PW-10 Inspector Karam Singh : carried out major portion
of investigation, lifted blood-stained earth and empties,
seized clothes of the deceased persons.
●PW-11 SI Jaswinder Singh : produced blood-stained
clothes of deceased before the investigating officer.
●PW-12 Dr. Anil Verma : also conducted post-mortem of all
the three deceased along with PW-1 Dr. U.S. Sooch;
corroborated firearm injuries.
●PW-13 SI Waryam Singh : effected arrest of the accused,
recorded disclosure statements, and recovered weapons.
●PW-14 Dr. Adish Awasthi : examined injured Sukhjit
Singh and proved his report (Ex.PW14/A, PW14/B and
PW14/C).
4(j). In their statements, recorded under Section 313 of the
Cr.P.C., the accused denied all incriminating evidence and claimed
innocence. Accused Joginder Singh Tiger specifically contended that
the Civil Court had already decreed possession of the disputed land in
his favour. It was asserted that the complainant party, being aggressors,
attempted to raise an illegal wall. According to the defence, deceased
Nirbhai Singh was armed with a pistol and deceased Malkiat Singh
with a double-barrel gun, while deceased Gurnam Singh had actually
died due to firing from the complainant's side.
4(k). In support of this version, the accused tendered certified
CRA-D-1001-DB-2004 (O&M) -7-
copies of Civil Court judgments (Ex.D1 and Ex.D2), claiming that
possession of the land stood decreed in their favour. However, no oral
evidence was led in defence.
4(l). The learned Trial Court, upon appraisal of evidence,
recorded the following conclusions :
(i) The prosecution had successfully established motive,
namely the long-standing land dispute.
(ii) The testimony of injured eyewitnesses was found natural,
consistent and trustworthy.
(iii) The medical evidence fully corroborated the ocular
account, particularly in regard to the firearm injuries causing death of
the three deceased persons.
(iv) Minor discrepancies were treated as natural in faction-
ridden village cases and not sufficient to discredit the core of the case
of the prosecution.
(v) The defence plea that the complainant party were
aggressors was rejected, inter alia, on the ground that three fatalities
had occurred.
(vi) The recovery of weapons at the instance of the accused lent
further support to the case of the prosecution.
Accordingly, the learned Trial Court held that :
●Accused Avtar Singh and accused Varinder alias Billu
were directly responsible for inflicting fatal firearm
injuries.
●Accused Jaspreet Singh, Bhagwan Singh, Bittu, and
CRA-D-1001-DB-2004 (O&M) -8-
Harjinder Singh were liable for participation with the
common object under Section 149 of the IPC.
●Accused Joginder Singh Tiger was guilty of exhortation
and leadership of the unlawful assembly.
4(m). Ultimately, all the accused were convicted under Sections
148, 302, 307, 323 read with Section 149 of IPC and Sections 25 and
27 of the Arms Act, 1959 and sentenced as follows:-
Name of
the
accused/co
nvict
Offence(s)
under Section
Period of
sentence
Fine
imposed
Period of sentence in
default of payment
of fine
Joginder
Singh Tiger
149 IPC RI for 02 years - -
302 r/w Section
149 IPC
Imprisonment
for life
Rs.10,000/- RI for 06 months
307 r/w Section
149 IPC
RI for 07 years Rs.5,000/- RI for 03 months
323 r/w Section
149 IPC
RI for 06
months
- -
Harjinder
Singh
148 IPC RI for 02 years - -
323 IPC RI for 06
months
- -
323 r/w Section
149 IPC
RI for 06
months
- -
302 r/w Section
149 IPC
Imprisonment
for life
Rs.10,000/- RI for 06 months
307 r/w Section
149 IPC
RI for 07 years Rs.5,000/- RI for 03 months
Bhagwan
Singh alias
Honey
307 IPC RI for 07 years Rs.5,000/- RI for 03 months
25 of the Arms
Act
RI for 03 years Rs.5,000/- RI for 03 months
302 r/w Section
149 IPC
Imprisonment
for life
Rs.10,000/- RI for 06 months
307 r/w Section
149 IPC
RI for 07 years Rs.5,000/- RI for 03 months
323 r/w Section
149 IPC
RI for 06
months
- -
148 IPC RI for 02 years - -
CRA-D-1001-DB-2004 (O&M) -9-
Jaspreet
Singh
307 IPC RI for 07 years Rs.5,000/- RI for 03 months
302 r/w Section
149 IPC
Imprisonment
for life
Rs.10,000/- RI for 06 months
307 r/w Section
149 IPC
RI for 07 years Rs.5,000/- RI for 03 months
323 r/w Section
149 IPC
RI for 06
months
- -
148 IPC RI for 02 years - -
Varinder
Singh alias
Bittu
148 IPC RI for 02 years - -
323 IPC RI for 06
months
- -
323 r/w Section
149 IPC
RI for 06
months
- -
302 r/w Section
149 IPC
Imprisonment
for life
Rs.10,000/- RI for 06 months
307 r/w Section
149 IPC
RI for 07 years Rs.5,000/- RI for 03 months
Avtar Singh
alias Mara
148 IPC RI for 02 years - -
302 IPC Imprisonment
for life
Rs.10,000/- RI for 06 months
27 Arms Act RI for 05 years Rs.5,000/- RI for 03 months
302 r/w Section
149 IPC
RI for life Rs.10,000/- RI for 06 months
307 r/w Section
149 IPC
RI for 07 years Rs.5,000/- RI for 03 months
323 r/w Section
149 IPC
RI for 06
months
- -
Varinder
Singh alias
Billu
148 IPC RI for 02 years - -
302 IPC Imprisonment
for life
Rs.10,000/- RI for 06 months
27 Arms Act RI for 05 years Rs.5,000/- RI for 03 months
302 r/w Section
149 IPC
Imprisonment
for life
Rs.10,000/- RI for 06 months
307 r/w Section
149 IPC
RI for 07 years Rs.5,000/- RI for 03 months
323 r/w Section
149 IPC
RI for 06
months
- -
Submissions on Behalf of the Appellants
5. Learned counsel appearing for the appellants has assailed
the judgement of conviction on numerous grounds, contending that the
CRA-D-1001-DB-2004 (O&M) -10-
findings recorded by the learned Trial Court are legally unsustainable
and factually incorrect. It is urged that the learned Trial Court has failed
to appreciate binding civil decrees, has disregarded glaring
contradictions between ocular and medical evidence, has relied upon
interested witnesses whose statements were recorded after an
unexplained delay of almost one month, and has altogether overlooked
fatal infirmities in investigation.
Background of Civil Litigation and Possession
5(a). Learned counsel has first drawn the attention of this Court
to Ex.D1 and D2, the civil decrees pertaining to Khasra Nos.736 and
737. It is submitted that the root of the incident lies in the civil dispute.
The Civil Court had categorically decreed that possession of Khasra
No.736 vested in the appellants, and such decree was affirmed in appeal
(Ex.D2). The complainant side never challenged the said decree, and
the same thus attained finality.
(i) In these circumstances, the finding of the learned Trial
Court that the complainant party was in possession is manifestly
incorrect. Exhibit DC (application for taking police remand) itself
shows that it was the complainant party which started raising a wall on
the disputed land, whereafter the accused party gathered a number of
persons and resisted the said construction. Learned counsel, therefore,
has posed the fundamental question : who was the aggressor, and in
whose possession was the land at the time of occurrence?
(ii) It is argued that the prosecution, in order to succeed, was
bound to establish possession. However, no revenue officer or patwari
CRA-D-1001-DB-2004 (O&M) -11-
was examined, no draftsman was produced, and no scaled site plan was
prepared. In such circumstances, under Section 114 of the Indian
Evidence Act, 1872, an adverse inference must necessarily follow, for
crucial evidence which would have belied the case of the prosecution
was deliberately withheld.
Suppression of Defence Casualties
5(b). It is further submitted that the prosecution has deliberately
suppressed material facts. One person from the side of the accused too
lost his life in the same occurrence, and several accused sustained
injuries, which stand corroborated by the medical evidence. These
casualties, however, were altogether omitted by the prosecution. Such
suppression, as per the learned counsel, renders the case of the
prosecution unreliable, for the Court cannot sustain a conviction on the
basis of a truncated, one-sided narrative.
Investigation and Conduct of Investigating Officers
5(c). Learned counsel has further highlighted grave lapses and
partisanship in the investigation. Attention has been drawn to the
deposition of PW-8 SI Pawanjit, who admitted in cross-examination
that he did not even visit the hospital to record the statements of injured
Sukhjit Singh (PW-6) and Jagtar Singh (PW-7). He was subsequently
transferred and suspended in connection with this very case. His own
record reflects that deceased Gurnam Singh was admitted in the
hospital only for one day on 06.05.2001.
5(d). Similarly, PW-10 Inspector Karam Singh admitted that
although he remained SHO from 07.05.2001 onwards, it never came to
CRA-D-1001-DB-2004 (O&M) -12-
his notice that injured Jagtar Singh and injured Sukhjit Singh were
eyewitnesses of the incident. PW-13 SI Waryam Singh, who took over
the investigation on 09.05.2001, candidly admitted that till 24.05.2001
he did not even remember who the eyewitnesses were. He further
admitted that he never investigated the cross version and did not
examine the civil litigation.
(i) Exhibit DA reveals that the statement of so-called
eyewitness Jagtar Singh under Section 161 of the Cr.P.C. was recorded
only on 02.06.2001—nearly one month after the occurrence on
06.05.2001. The SHO who recorded this statement was not even cited
as a witness. Such delay and omission, according to learned counsel,
conclusively demonstrate that injured eyewitnesses were introduced
after deliberation, and being interested witnesses, their testimony stands
wholly discredited.
Delay and Contradictions in Statements of Injured Witnesses
5(e). Learned counsel has next submitted that there is an
unexplained delay of nearly one month in recording the statements of
PW-6 Sukhjit Singh and PW-7 Jagtar Singh. Such delay, it is argued,
afforded sufficient opportunity for tutoring and improvements. The
subsequent statements made by these witnesses are wholly inconsistent
with their initial versions and are further contradicted by medical
evidence. The very delay, coupled with such contradictions, is fatal to
the case of the prosecution.
Suppression of Material Witnesses
5(f). It is further urged that material witnesses were deliberately
CRA-D-1001-DB-2004 (O&M) -13-
withheld. The nephew of deceased Gurnam Singh, who took him to the
hospital, was not examined. Ram Singh and Tarsem Lal, who identified
the dead body, were also withheld. Though relatives of deceased
Malkiat Singh were produced, not a single relative of deceased Gurnam
Singh was examined. Learned counsel submits that this selective
exclusion indicates a systematic attempt to suppress evidence,
particularly since deceased Gurnam Singh was, in fact, aligned with the
accused party in the civil litigation. It is wholly improbable that the
accused would target deceased Gurnam Singh, who was supporting
them against the opposite side.
Medical Evidence Vis-A-Vis Ocular Testimony
5(g). Learned counsel, while referring to the medical evidence,
has submitted that it stands in irreconcilable conflict with the ocular
testimony :
●PW-12 Dr. Anil Verma, who conducted the post-mortem on
Nirbhai Singh, found only firearm injuries, with no kirpan
injuries at all.
●PW-1 Dr. U.S. Sooch, who examined deceased Gurnam Singh
and deceased Malkiat Singh, recorded no kirpan injuries.
●PW-14 Dr. Adish Awasthi, who examined injured Sukhjit Singh,
found only blunt lacerated wounds, consistent with hockey
blows, not incised injuries.
(i) Yet, the so-called eyewitnesses alleged that kirpan blows
were inflicted. The total absence of incised wounds, learned counsel
argued, falsified their testimony and established that the ocular version
CRA-D-1001-DB-2004 (O&M) -14-
is a fabrication.
Contradictions in Prosecution Witnesses
5(h). Learned counsel has further pointed out glaring
inconsistencies inter se the prosecution witnesses :
●PW-5 Prabhjit Singh could not even state whether the
dispute related to Khasra Nos.736 or 737.
●PW-6 Sukhjit Singh attributed kirpan blows to the sons of
Joginder Singh Tiger, but his own injuries were blunt, not
incised.
●PW-7 Jagtar Singh did not attribute any kirpan blow to any
of the accused on the person of deceased Malkiat Singh,
alleging only one blow on his own back.
(i) These contradictions, coupled with the medical record,
demonstrate that the testimony of these witnesses is wholly unreliable.
Appellant-Wise Consideration
5(i). It is further argued appellant-wise as follows :
●Accused Harjinder Singh alias Jind : alleged in the FIR
to be armed with a gandasa, yet, in evidence no gandasa
blows are attributed to him; instead, a hockey stick was
shown to have been recovered. This inconsistency renders
the recovery planted. The medical evidence does not
support this role, and no injuries attributed to him in
testimony.
●Accused Varinder Singh alias Bittu, Jaspreet Singh,
and Varinder Singh alias Billu : alleged to have inflicted
CRA-D-1001-DB-2004 (O&M) -15-
kirpan blows upon the deceased persons. Yet, the post-
mortem of all three deceased Nirbhai Singh, Gurnam Singh
and Malkiat Singh showed no kirpan injuries. Even PW-7
Jagtar Singh did not mention any injury with a kirpan
being suffered by any of the deceased. Their implication is
thus, mechanical, motivated solely by their relationship as
sons of accused Joginder Singh alias Tiger.
●Accused Bhagwan Singh alias Honey : alleged to be
armed with a kirpan, has been attributed blows on the
person of deceased Malkiat Singh and Nirbhai Singh.
However, his conviction rests only on vague and omnibus
allegations.
Right of Private Defence and Section 149 of the IPC
5(j). Learned counsel has further submitted that once the civil
decrees conclusively establish possession of khasra No.736, in favour
of the accused, and once Ex.DC (application for taking police remand)
demonstrates that the complainant side was raising a wall on the
disputed land, it becomes evident that the complainant party were the
aggressors.
(i) If the occurrence took place on Khasra No.736, the
appellants were entitled to exercise their right of private defence.
Alternatively, if the prosecution has failed to prove possession
altogether, then the very assembly cannot be termed unlawful, and
invocation of Section 149 of the IPC is wholly misconceived. At best,
liability, if any, would be individual, not vicarious.
CRA-D-1001-DB-2004 (O&M) -16-
5(k). In conclusion, it has been urged on behalf of the appellants
that :
(i) The civil decrees conclusively establish possession with
the appellants and show the complainant's side as aggressors.
(ii) Defence casualties and injuries have been deliberately
suppressed.
(iii) The investigation conducted by PW-8 SI Pawanjit, PW-10
Inspector Karam Singh, and PW-13 SI Waryam Singh was defective,
partisan, and ignored binding civil decrees.
(iv) Injured eyewitnesses were introduced belatedly after a
month; their testimony, therefore, is unreliable.
(v) Material witnesses connected with deceased Gurnam Singh
were withheld.
(vi) Medical evidence falsifies the ocular version regarding
injuries inflicted with kirpans.
(vii) Recovery of hockey sticks is inconsistent with the FIR,
while allegations regarding use of kirpan in inflicting injuries remain
uncorroborated.
(viii) Several appellants, especially the sons of Joginder Singh
Tiger, have been implicated mechanically on account of relationship.
(ix) Section 149 of the IPC is wrongly invoked; liability, if at
all, must be individual.
5(l). On these premises, learned counsel prays that the
judgement of conviction and sentence recorded by the learned Trial
Court be set aside.
CRA-D-1001-DB-2004 (O&M) -17-
Submissions on Behalf of the Respondent-State
6. Per contra, learned counsel appearing for the State, has
supported the judgement of conviction passed by the learned Trial
Court and has sought to repel the submissions advanced on behalf of
the appellants. It is urged that the findings of the learned Trial Court are
well reasoned, supported by evidence on record and do not warrant any
interference by this Court. The broad submissions are as follows :
Civil Dispute Irrelevant to Criminal Liability
6(a). Learned State counsel submits that much emphasis has
been laid by the appellants on civil decrees relating to Khasra No.736
and 737. Being a direct eyewitness account supported by all the
material witnesses, the possession or title of these Khasra numbers
would be of no avail to the appellants.
(i) Even otherwise, it is argued that possession was never
settled beyond dispute. The appellants, under the cover of civil decrees,
took law into their own hands. The complainant side, which included
Gurnam Singh and Malkiat Singh, were lawfully present on the spot
and had every right to resist an unlawful assault. Thus, the reliance of
the appellants on civil litigation is a red herring and cannot absolve
them of their criminal acts.
Aggression and Use of Deadly Weapons
6(b). Learned State counsel stresses that the appellants came
armed with lethal weapons—firearms, kirpans, and hockey sticks—and
launched a concerted attack on the complainant side. The sheer nature
of arms carried and the coordinated assault clearly established
CRA-D-1001-DB-2004 (O&M) -18-
premeditation and an unlawful assembly with a common object. The
complainant side suffered fatalities as well as serious injuries. This,
learned State counsel submits, belies the plea of private defence and
establishes that the appellants were the aggressors.
Casualties on the Side of the Accused do not Exonerate Them
6(c). As regards the contention that there were injuries/fatalities
on the side of the accused also, it is submitted that such fact does not
exonerate the appellants. What is material is whether the prosecution
has proved beyond reasonable doubt that the accused formed an
unlawful assembly and committed specific overt-acts resulting in the
death of members of the complainant party. The presence of injuries on
the appellants only shows that resistance was offered by the
complainant side and cannot, by itself, absolve the appellants of their
culpability.
Eyewitness Testimony Reliable Despite Delay
6(d). Learned State counsel argues that the evidence of PW-6
Sukhjit Singh and PW-7 Jagtar Singh, who are injured eyewitnesses,
cannot be discarded merely on the ground of delay in recording their
statements. Injured witnesses, by their very presence at the spot and by
virtue of having sustained injuries, enjoy a special evidentiary value, as
they would not ordinarily shield the real culprits and implicate innocent
persons. The delay in recording their statements is explained by the fact
that they were hospitalised and under medical treatment. Courts have
consistently held that minor delay in such circumstances is not fatal.
(i) It is further urged that their testimony has been found
CRA-D-1001-DB-2004 (O&M) -19-
trustworthy by the learned Trial Court. Contradictions, if any, are minor
in nature and do not go to the root of the matter.
Lapses in Investigation do not Vitiate Trial
6(e). Learned State counsel contends that even if some lapses or
irregularities occurred in investigation, the same are not sufficient to
demolish the case of the prosecution when credible and trustworthy
evidence is otherwise available. It is argued that deficiencies on the part
of investigating officers cannot enure to the benefit of accused persons
when the substratum of the case of the prosecution stands corroborated
by ocular and medical evidence.
Medical Evidence Corroborates, not Contradicts, Ocular Version
6(f). On the question of alleged contradictions between ocular
and medical evidence, it is submitted that the two sets of evidence are
complementary and not contradictory. The absence of specific kirpan
injuries does not negate the eyewitness account of the appellants
attacking with multiple weapons. Medical science recognises that in a
melee, not every blow alleged may leave a corresponding mark or that
injuries may vary depending on force, angle, and resistance.
(i) The presence of firearm injuries on all the three deceased
and injuries on others, corroborates the prosecution case that the
appellants came armed with diverse weapons and used them
indiscriminately. Minor variations between ocular and medical
evidence are natural and do not erode the core of the case of the
prosecution.
CRA-D-1001-DB-2004 (O&M) -20-
Non-Examination of Certain Witnesses not Fatal
6(g). It is further submitted that the prosecution is not bound to
examine each and every witness cited in the challan. What is material is
the quality, not the quantity of evidence. Non-examination of the
nephew who took deceased Gurnam Singh to hospital or the persons
who identified the dead body does not affect the case, particularly when
injured eyewitnesses and doctors who examined the injured and
conducted the post-mortem examinations on the deceased have been
examined. The essential fact—that deceased Nirbhai Singh, Malkiat
Singh and Gurnam Singh sustained fatal injuries at the hands of the
appellants—stands conclusively proved.
Specific Roles of Appellants Proved
6(h). Learned State counsel submits that the prosecution
evidence has, with sufficient clarity, established the active participation
of each appellant :
●Harjinder Singh was found in possession of a weapon
recovered pursuant to his disclosure, connecting him with
the occurrence.
●Varinder Singh alias Bittu, Jaspreet Singh and
Varinder Singh alias Billu, and sons of Joginder Singh,
were specifically named and attributed with inflicting
injuries during the occurrence. Their presence is
corroborated by the consistent account of eyewitnesses.
●Bhagwan Singh alias Honey and others were also part of
the unlawful assembly, contributing to the assault and
CRA-D-1001-DB-2004 (O&M) -21-
sharing the common object.
(i) It is submitted that even if minor inconsistencies exist in
attributing specific blows, the presence of the appellants and their
participation in the unlawful assembly with a common object to cause
grievous harm and death stands proved beyond reasonable doubt.
Common Object under Section 149 of the IPC Attracted
6(i). Learned State counsel has further stressed that the
appellants formed an unlawful assembly, armed with deadly weapons,
with the clear common object of overawing and assaulting the
complainant side in relation to the land dispute. Section 149 of the IPC
is squarely attracted in such circumstances. Once membership of an
unlawful assembly is proved, it is not necessary for the prosecution to
establish specific overt-acts by each accused. The liability is joint and
vicarious.
6(j). In sum, learned counsel for the State submits that :
(i) The civil decrees are irrelevant to Criminal culpability; the
appellants cannot take law into their hands.
(ii) The appellants were the aggressors, having come armed
with deadly weapons and having caused multiple deaths and injuries.
(iii) Injured eyewitnesses are wholly reliable; delay in
recording statements stands satisfactorily explained.
(iv) Lapses in investigation, even if any, do not affect the core
of the case of the prosecution.
(v) Medical evidence corroborates the prosecution version;
minor discrepancies are natural.
CRA-D-1001-DB-2004 (O&M) -22-
(vi) Non-examination of some witnesses is inconsequential
when credible evidence is on record.
(vii) Participation of appellants stands proved; their implication
is neither false nor motivated.
(viii) Section 149 of the IPC is rightly invoked; the common
object of the unlawful assembly stands established.
6(k). It is, therefore, urged that the impugn judgement and
sentence recorded by the learned Trial Court is fully justified and calls
for no interference.
Findings of the Court
7. Having considered the material on record, submissions
made by the counsel for the parties, we now proceed to give our
findings after careful appraisal of the entire evidence.
8. On 06.05.2001, the occurrence in question took place at
about 10.30 am in the course of a land related disputed. Three persons
(Malkiat Singh, Nirbhay Singh and Gurnam Singh) died and two
witnesses PW-6 (Sukhjit Singh) and PW-7 (Jagtar Singh) received
injuries in the occurrence in question. The prosecution case is that a
party led by accused Joginder Singh Tiger and including the present
appellants came armed and attacked the complainant party; firearms
and other weapons were used. FIR (Ex.PB/2) was lodged by PW-5
Prabhjit Singh. PW-1 Dr. U.S. Sooch, PW-9 Dr. Amanjit Singh, PW-12
Dr. Anil Verma and PW-14 Dr. Adish Awasthi, prepared the medico
legal reports of the injured and post-mortem reports of the deceased.
Weapons were recovered and produced as per recovery memos; the
CRA-D-1001-DB-2004 (O&M) -23-
register of the licence of the firearms used in the occurrence and FSL
report (Ex.PX) link the firearms/cartridges recovered to the licenced
firearms. The learned Trial Court convicted all accused under various
provisions of the IPC and the Arms Act and imposed sentences as
already detailed in the earlier part of this order.
9. Challenge in the present appeal is on multiple grounds—
relevance of civil decrees, alleged suppression of injuries on the side of
the defence, defects in investigation and delayed recording of
statements, contradictions between ocular and medical evidence, non-
production of certain witnesses, attribution of specific acts to particular
accused, and the applicability of Section 149 of the IPC and private
defence.
10. From the rival submissions and record, the issues which
arise for our determination are :
(i) Whether the prosecution has proved beyond reasonable
doubt that appellants Avtar Singh alias Mara and Varinder Singh alias
Billu fired the fatal shots that caused the deaths of the three accused?
(ii) Whether appellant Bhagwan Singh alias Honey stands
rightly convicted for offences under the Indian Penal Code and the
Arms Act, having regard to his presence, ownership and recovery of
weapon of offence and corroboration by the FSL report?
(iii) Whether conviction of accused appellants Varinder Singh
alias Bittu, Jaspreet Singh and Harjinder Singh alias Jind deserves to be
upheld or whether benefit of doubt should be given in view of the
nature of medical injuries, omissions in the ocular account, delay in
CRA-D-1001-DB-2004 (O&M) -24-
recording statements of the injured and other infirmities.
(iv) In addition, certain ancillary questions also arise : effect of
civil decrees relied upon by the defence; effect of alleged lapses in
investigation (including delay in recording statements under Section
161 of the Cr.P.C. and non-examination of certain witnesses); whether
Section 149 of the IPC and the Arms Act would apply.
11. Before proceeding to evaluate the evidence, certain well
settled principles need to be recalled :
(a) A decree of Civil Court concerning possession or title over
land is of limited relevance in a criminal trial. It may establish motive
but does not, in itself, absolve or implicate any party for criminal
liability. Criminal liability must rest on evidence led before the Trial
Court.
(b) Delay in recording statements of witnesses under Section
161 of the Cr.P.C. is not by itself a ground for rejecting their testimony.
The Courts must scrutinise whether the delay is reasonably explained,
whether the witness had opportunity to observe the incident, and
whether the testimony is corroborated in material particulars.
(c) Evidence of an injured witness carries a special evidentiary
weight, as such a person, being a victim of the offence, is unlikely to
shield the actual culprit. Nevertheless, the testimony must withstand the
test of consistency with medical and scientific evidence.
(d) When ocular testimony is credible and consistent, minor
discrepancies with medical evidence do not detract from it. However,
where medical evidence completely rules out the possibility of injuries
CRA-D-1001-DB-2004 (O&M) -25-
attributed by ocular testimony, it is unsafe to convict and, therefore, the
Court must resolve the inconsistency in favour of the accused.
12. It also may be emphasised that lapses in investigation do
not necessarily vitiate a case where the prosecution otherwise proves
guilt beyond reasonable doubt; however, omissions that materially
effect the reliability of key evidence must be carefully weighed.
13. Adverting to the case at hand, the FIR was promptly
lodged by PW-5 Prabhjit Singh, naming the accused. Injured
eyewitnesses PW-6 Sukhjit Singh and PW-7 Jagtar Singh consistently
deposed that appellants Avtar Singh alias Mara and Varinder Singh
alias Billu fired from their guns resulting in the death of all the three
deceased—Malkiat Singh, Nirbhai Singh and Gurnam Singh.
14. Their testimony, though recorded with some delay, is
corroborated by medical evidence and the recoveries effected. The
delay is satisfactorily explained by their hospitalisation, and such
circumstance cannot discredit their account.
15. The post-mortem reports of all the three deceased
conclusively establish that they succumbed to firearm injuries. The
injured witnesses bore firearm and blunt injuries. Significantly, no
incised wounds were recorded by the doctors, although the ocular
testimony attributed kirpan blows to appellants Varinder alias Bittu,
Harjinder Singh and Jaspreet Singh.
16. Still further, during investigation, empty cartridges/empties
and blood-stained earth (Ex.PD) etc. was seized. Recovery memos
show production of firearms and other weapons at the instance of the
CRA-D-1001-DB-2004 (O&M) -26-
accused (Ex.P1 to Ex.P11). PW-2 Balbir Singh, Clerk, produced the
licenced registers showing appellants Bhagwan Singh alias Honey and
Avtar Singh alias Mara (Ex.PW2/A and Ex.PW2/B) as licensees. As per
the FSL report (Ex.PX) the cartridges recovered from the scene of
crime matched with the firearms (weapons of offence) whose
licence/ownership as already observed are in the name of appellants
Bhagwan Singh alias Honey and Avtar Singh alias Mara. These pieces
of scientific and documentary evidence lends objective support to the
ocular testimony that firearms were used and to the identity of the
weapons.
17. It is true that some statements of the witnesses under
Section 161 of the Cr.P.C. were recorded after a considerable period of
time (for example, statement of PW-7 Jagtar Singh was recorded on
02.06.2001), and that certain witnesses or relatives of deceased
Gurnam, were not examined. The investigating officers gave reasons
for the course of investigation, and some investigating officers were
changed; PW-8 SI Pawanjit acknowledged certain lapses. These facts
require careful scrutiny but do not automatically render the entire
prosecution case unreliable, where other independent and corroborative
evidence exists.
18. Coming first on the claim of the defence that civil decrees
prove the possession of the appellants on the land in question, and
hence, it was pursuant thereto that they exercised their right of private
defence.
19. Learned counsel for the appellants placed heavy reliance
CRA-D-1001-DB-2004 (O&M) -27-
on exhibits D1 and D2 (civil decrees). We reiterate the settled position
that a civil decree on title or possession is evidence of background but
does not decide criminal liability. Even assuming that the appellants
had favourable orders from a Civil Court in respect of certain khasra,
that fact, if established, would not confer on them a licence to assemble
armed men and to use lethal force in the manner recorded in the FIR.
The claim of the appellants to the right of private defence is devoid of
merit.
20. The remedy lay in lawful recourse to authorities, not in
assembling with deadly weapons and taking the law into their own
hands. The defence of right of private defence must be shown to be
proportionate and contemporaneous; the appellants have not established
such justification on the totality of evidence.
21. Coming next to the effect of the lapses during investigation
and non-production of certain witnesses. Learned counsel appearing for
the appellants pointed to non-examination of the nephew of deceased
Gurnam Singh who had taken him to the hospital, persons who
identified bodies, and relatives of deceased Gurnam Singh, and also to
the delays/lapses by the investigating officers. A truncated or imperfect
investigation is regrettable; the prosecution ought to have recorded at
the earliest statements of injured witnesses and examined all relevant
persons. However, we as Appellate Court are duty bound to assess
whether the proved evidence establishes guilt beyond reasonable doubt.
22. Here, core facts—presence of weapons, occurrence of
firing at the scene, the deaths and injuries, and the recovery/forensic
CRA-D-1001-DB-2004 (O&M) -28-
linkage—are supported by multiple independent strands (ocular
testimony of injured witnesses, medical reports, recoveries, and FSL
report). The absence of some peripheral witnesses, while it weakens the
completeness of the record, does not substantially impeach the
essential, corroborated elements of the case of the prosecution.
Accordingly, the lapses do not, in our view, negate the strong
cumulative weight of evidence against those accused/appellants
Bhagwan Singh alias Honey, Varinder Singh alias Bittu, Avtaar Singh
alias Mara, whose individual participation is otherwise proved.
23. Further, the contradictions pointed out between the ocular
testimony of the prosecution witnesses including the injured witnesses
and the medical evidence on record with regard to the injuries inflicted
with kirpans, gandasa, etc., learned counsel appearing for the
appellants has rightly emphasised upon the absence in the post-mortem
or MLRs of distinct incised wounds to have been inflicted with
kirpans. The doctors, who conducted the post-mortem on the three
deceased recorded certain blunt trauma injuries (consistent with
gandasa/hockey blows). It is possible that not every blow in a violent
melee leaves a distinct incised mark, and that overlapping injuries or
subsequent haemorrhage may obscure certain superficial cuts. That
said, where the medical evidence is completely silent about a particular
category of injury relied upon to pin responsibility on specific accused,
the omission gains significance.
24. As regards our findings with respect to accused/appellant
Avtar Singh alias Mara, the ocular account of PW-5 Prabhjit Singh,
CRA-D-1001-DB-2004 (O&M) -29-
PW-6 Sukhjit Singh and PW-7 Jagtar Singh, has attributed the firing of
a single barrel gun and causing wound on the chest which led to the
death of deceased Nirbhai Singh.
25. The medical evidence/post-mortem of deceased Nirbhai
Singh (Ex.PC), also confirms his death due to firearm injury to the
chest. Moreover, a firearm was produced at the instance of appellant
Avtar Singh (Ex.P1 to Ex.P4) and the licence register of PW-2 Balbir
Singh and FSL report (Ex.PX), link the empty cartridges recovered at
the scene to a firearm connected to the accused party. The FSL report
provides an independent scientific link between the firing at the scene
and the firearms recovered/produced. Significantly, the testimony of
injured eyewitnesses qua appellant Avtar Singh alias Mara is consistent
and corroborated by both medical and forensic evidence.
26. On the totality of the material, we are satisfied beyond
reasonable doubt that appellant of Avtar Singh alias Mara discharged
a firearm at the scene and that his act caused the death of deceased
Nirbhai Singh. His conviction under Sections 302 of the IPC and
Section 27 of the Arms Act, is accordingly upheld.
27. Coming to appellant Varinder Singh alias Billu, as per
the ocular testimony, he has been attributed firing of a .12 bore double
barrel gun, causing grievous/fatal injuries to deceased Malkiat Singh
and also firing at deceased Gurnam Singh.
28. The medical evidence (Ex.PF and Ex.PJ) corroborates that
deceased Malkiat Singh died of firearm injury (rupture of liver and
aorta) and deceased Gurnam Singh also died of firearm injuries; the
CRA-D-1001-DB-2004 (O&M) -30-
nature and location of injuries are consistent with gunshot wounds.
Moreover, a double barrel gun was produced (Ex.P5 to P7) and the FSL
report links the empty cartridges recovered at scene with firearms
whose licences/ownership are in the name of appellant Bhagwan Singh
alias Honey (Ex.PW2/B). In particular, the forensic link between the
fired cartridges and the firearms used/produced by the accused party,
further strengthens the case of the prosecution against him.
29. The ocular and medical evidence prove that appellant
Varinder Singh alias Billu fired a weapon at the scene causing fatal
injuries.
30. We are, therefore, satisfied beyond reasonable doubt that
appellant Varinder Singh alias Billu fired at the deceased and caused
the deaths referred to above. The conviction of appellant Varinder
Singh alias Billu under Sections 302 of the IPC and Section 27 of the
Arms Act is also upheld in the circumstances.
31. The position in respect of appellant Bhagwan Singh alias
Honey, requires close analysis because, on the one hand, the medical
evidence does not record incised wounds specifically attributable to
kirpan blows as alleged in the ocular account; on the other hand, there
are other cogent factors i.e. the name of this appellant appears in the
FIR itself, and the testimonies of the eyewitnesses as a participant.
32. Furthermore, the recovery memos show that kirpans and
other weapons were produced by appellants Jaspreet Singh, Bhagwan
Singh alias Honey and Varinder Singh alias Bittu (Ex.P8 to Ex.P10),
firearm licences in the register of PW-2 Balbir Singh reflect that
CRA-D-1001-DB-2004 (O&M) -31-
appellants, Avtar Singh alias Mara and Bhagwan Singh alias Honey as
licensees of the weapons of offence (Ex.PW2/A and Ex.PW2/B).
33. Still further, the FSL report matches the cartridges/empties
recovered at the scene with the firearms, the use/ownership of which is
traceable to members of the accused party—in particular linking certain
fired cartridges to a firearm whose licence appears in the name of
appellant Bhagwan Singh alias Honey (as per the documentary
evidence led by the prosecution). Still further, appellant Bhagwan
Singh alias Honey, as per the FIR and eyewitness accounts, was present
at the scene of crime. Therefore, his presence at the scene of crime
stands established beyond reasonable doubt.
34. On the evidence—even though direct medical
corroboration of kirpan blows attributable to appellant Bhagwan Singh
alias Honey is missing, the cumulative proof (presence at the spot,
recovery of weapons at his instance, documentary proof of licence, and
FSL report, connecting the cartridges to a firearm, licenced in his
name), establishes his participation in the offence/crime in question.
Appellant Bhagwan Singh alias Honey is, in the circumstances, liable
for offences under Section 25 of the Arms Act.
35. In these circumstances, we hold that appellant Bhagwan
Singh alias Honey is liable to be convicted only under Sections 25 of
the Arms Act and thus his sentence under the Arms Act is maintained.
However, conviction of appellant Bhagwan Singh alias Honey under
Section 307 of the IPC is set aside and he is acquitted under Section
307 of the IPC as no medical corroboration exists qua any incised
CRA-D-1001-DB-2004 (O&M) -32-
wound with a kirpan on any of the deceased (which injuries had been
attributed to him).
36. Coming next to appellants Harjinder Singh alias Jind,
Jaspreet Singh and Varinder Singh alias Bittu, they deserve to be
given the benefit of doubt as their participation can be said to be
doubtful in view of the following circumstances:
(a) The case against appellants Harjinder Singh alias Jind,
Jaspreet Singh and Varinder Singh alias Bittu, rests solely on
allegations of kirpan/gandasa blows. Yet, the medical evidence does
not corroborate the ocular testimony as no incised injuries were found
on any of the deceased. The doctors PW-9 Dr. Amanjit Singh and PW-
14 Dr. Adish Awasthi admittedly recorded no incised wounds, despite
the ocular claim that kirpan blows were inflicted.
(b) Furthermore, the FIR did not even assign them any clear
roles in the occurrence in question; all attributions qua them appeared
later in the delayed statements made by the two eyewitnesses PW-6
Sukhjit Singh and PW-7 Jagtar Singh. Significantly, no forensic
evidence was produced to link the recovered weapons (kirpan) to the
injuries found on the person of the deceased as well as the two
eyewitnesses. The injuries recorded as per the medical evidence on the
deceased as well as the injured eyewitnesses PW-6 Sukhjit Singh and
PW-7 Jagtar Singh are predominantly firearm injuries or blunt trauma
consistent with heavy blunt weapons. The MLR of PW-6 Sukhjit Singh
(Ex.PW14/A) attributes his injury to blunt force and does not record
incised wounds consistent with cuts with a kirpan.
CRA-D-1001-DB-2004 (O&M) -33-
(c) Furthermore, PW-6 Sukhjit Singh and PW-7 Jagtar Singh
made material improvements as late as a month after the occurrence in
question while getting their statements recorded, which attributed new
roles to these three appellants which were conspicuously absent in the
earlier versions, particularly in the FIR (Ex.PW8/B).
(d) Furthermore, there is also no site sketch plan or evidence
of a draftsman on record to assist precise placement of the accused
party at the scene.
(e) Conviction for offences such as murder or attempt to
murder requires proof beyond reasonable doubt of both the act and the
actor. Where an ocular attribution (for example, a kirpan blow causing
fatal or grievous injury) is relied upon but the medical evidence is silent
and there is no forensic link connecting the particular weapon to a
specific injury, the Court must treat the attribution with caution.
Improvements made in the statements of the injured witnesses, the
absence of independent corroboration on the crucial point (incised
injuries), the lack of a site plan or evidence of a draftsman, and the
possibility of mis-identification in the chaos of a violent melee together
create a real and reasonable doubt in relation to the specific charges
invoking Sections 302/307/149 of the IPC and related counts against
these three appellants.
37. Hon'ble the Supreme Court Supreme Court in Mahendra
and another Vs. The State of M.P. : 2022 LIVELAW (SC) 22,
reiterated the prerequisites/ingredients of Section 149 of the IPC in the
following terms:-
CRA-D-1001-DB-2004 (O&M) -34-
“It may be noticed that the essential ingredients of
Section 149 are that the offence must have been committed
by any member of an unlawful assembly, and Section 141
makes it clear that it is only where five or more persons
constituted an assembly that an unlawful assembly is born,
provided, of course, the other requirements of the said
section as to the common object of the persons composing
that assembly are satisfied. To say in other words, it is an
essential condition of an unlawful assembly that its
membership must be five or more.
At the same time, it may not be necessary that five or
more persons necessarily be brought before the Court and
convicted. Less than five persons may be charged under
Section 149 if the prosecution case is that the persons
before the Court and other numbering in all more than five
composed an unlawful assembly, these others being
persons not identified and un-named.
However, in the instant case, the persons are
specifically named by the complainant and against them,
after the investigation, chargesheet was filed and all the
20 accused persons faced trial.
It was not the case of the prosecution that there are
other unnamed or unidentified persons other than the one
who are chargesheeted and faced trial. When the other
coaccused persons faced trial and have been given benefit
of doubt and have been acquitted, it would not be
permissible to take the view that there must have been
some other persons along with the appellant in causing
injuries to the victim. In the facts and circumstances, it
was as such not permissible to invoke Section 149 IPC.”
38. Hence, in view of the ratio of law as enunciated above,
liability under Section 149 of the IPC is attracted only when three
essential elements stand established : (i) the existence of an unlawful
assembly; (ii) the proof of a common object of such assembly; and (iii)
the offence was committed either in direct prosecution of that common
object, or was one which the members of the assembly knew was likely
to be committed in prosecution of such object. The common object
need not be articulated in express terms; it may be inferred from
CRA-D-1001-DB-2004 (O&M) -35-
surrounding circumstances, such as the nature of the weapons carried,
the prior animosity between the parties, and the concerted or violent
manner of the assault.
39. Still further, to attract the rigors/liability under Section 149
of the IPC, it is sine qua non to first establish an assembly constituting
five or more persons. In view of the infirmities and deficiencies noted
hereinabove, the three appellants namely Harjinder Singh alias Jind,
Jaspreet Singh and Varinder Singh alias Bittu, are entitled to the
benefit of doubt. Their conviction, which rests solely upon
uncorroborated allegations regarding the infliction of kirpan/gandasa
injuries, cannot be sustained in law. Consequently, the conviction and
sentence imposed upon them are hereby set aside, and they are
acquitted of all the charges framed against them.
40. In these circumstances, Section 149 of the IPC would not
be invokable against all the remaining appellants namely Bhagwan
Singh alias Honey, Avtar Singh alias Mara and Varinder Singh alias
Billu. The conviction of all present appellants/accused under Section
148 and 149 of the IPC is, thus, set aside.
41. Resultantly, the conviction of the appellants, namely
Bhagwan Singh alias Honey, Avtar Singh alias Mara and Varinder
Singh alias Billu, shall stand confirmed only to the following offences:
Sr. No. Name of the appellant/convict Offence(s) under Section
1. Bhagwan Singh alias Honey 25 Arms Act
2. Avtar Singh alias Mara
27 Arms Act
302 IPC
3. Varinder Singh alias Billu 302 IPC
27 Arms Act
CRA-D-1001-DB-2004 (O&M) -36-
42. Chief Judicial Magistrate concerned is directed to take
necessary steps to take appellants Bhagwan Singh alias Honey, Avtar
Singh alias Mara and Varinder Singh alias Billu, into custody to
serve out their remaining sentence.
43. The instant appeal stands disposed of accordingly.
44. Pending applications, if any, also stand disposed of.
(MANJARI NEHRU KAUL )
JUDGE
(H.S. GREWAL)
17.09.2025 JUDGE
Vinay
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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