As per case facts, an incident occurred on the evening of 21.09.2003 when Chanan Singh, accompanied by his son and brother, attempted to divert canal water. The accused objected and ...
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
104
1. CRA-D-920-DB-2004
Date of decision: 28.08.2025
Lakhwinder Singh @ Lakha @ Sukhpal Singh .....Appellant
Versus
The State of Punjab .....Respondent
2. CRR-2313-2004
Date of decision: 28.08.2025
Karamjit Singh .....Petitioner
Versus
Lakhwinder Singh @ Lakha @ Sukhpal Singh .....Respondent
CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL
HON'BLE MR. JUSTICE H.S. GREWAL
Present : Mr. Akshay Bhan, Sr. Advocate with
Mr. Gurinder Singh, Advocate
for the appellant in CRA-D-920-DB-2004 and
for the respondent in CRR-2313-2004.
Mr. Gautam Dutt, Advocate and
Mr. Sukhsharan Sra, Advocate
for the complainant in CRA-D-920-DB-2004 and
for the petitioner in CRR-2313-2004.
Mr. H.S. Deol, Sr. DAG, Punjab.
****
MANJARI NEHRU KAUL, J.
1. This order shall dispose of above-referred CRA-D-920-
DB-2004 and CRR-2313-2004 as they both arise out of the same
incident, FIR and judgment of conviction, and similar questions of facts
and law are involved in them. In CRA-D-920-DB-2004, appellant-
accused Lakhwinder Singh @ Lakha @ Sukhpal Singh is challenging
his conviction whereas in CRR-2313-2004, complainant Karamjit
CRA-D-920-DB-2004 & CRR-2313-2004
Singh is praying for enhancement of fine imposed/sentence awarded to
appellant Lakhwinder Singh @ Lakha @ Sukhpal Singh.
2. For the sake of convenience, the facts are being taken from
CRA-D-920-DB-2004.
3. The instant appeal is directed against the judgment of
conviction dated 28.08.2004 and order of sentence dated 02.09.2004
passed by learned Sessions Judge, Sangrur, in case FIR No.156 dated
22.09.2003 under Section 302 of the IPC, registered at Police Station
Lehra, whereby the appellant has been convicted and sentenced under
Section 302 of the IPC for the murder of Chanan Singh.
Facts Leading to the Filing of the Instant Appeal
4. The genesis of the prosecution case lies in an occurrence
which took place on the evening of 21.09.2003. On that day,
complainant Karamjit Singh (PW-1), accompanied by his father Chanan
Singh (deceased) and his uncle Ram Chand (PW-2), proceeded to their
agricultural fields for the purpose of availing their turn of canal water.
As per the irrigation record (Ex.PE) their turn to draw water
commenced at 7.56 pm, immediately after the turn of Lakhwinder
Singh @ Lakha @ Sukhpal Singh, the accused (appellant herein).
5. When Chanan Singh attempted to divert the flow of water
towards his own fields, the accused, who was armed with a kahi
(Ex.P4), objected to such diversion. At approximately 8.00 pm, as
Chanan Singh entered the canal to cut and divert the water, the accused
launched an attack upon him. He struck a blow on the head of Chanan
CRA-D-920-DB-2004 & CRR-2313-2004
Singh with the kahi, causing him to collapse, and thereafter inflicted yet
another blow on his head. Karamjit Singh (PW-1) immediately raised
an alarm, and Ram Chand (PW-2), who was present at the spot, also
witnessed the occurrence. Thereafter, the accused fled from the scene,
carrying the weapon of offence with him.
6. The injured Chanan Singh was promptly removed to the
Civil Hospital, Sangur, where Dr. Surjit Singh (PW-5) provided
medical treatment and simultaneously despatched a medical ruqa
(Ex.PF) to the police. Owing to the gravity of the injuries, Chanan
Singh was referred first to Rajendra Hospital, Patiala, and ultimately to
Amar Hospital, Patiala, where despite medical intervention, he
succumbed to his injuries on 22.09.2003. His admission at Amar
Hospital was duly proved by Balwinder Singh (PW-12), Accountant of
the said hospital.
7. On the basis of the statement of Karamjit Singh (Ex.PA),
recorded by ASI Amrik Singh (PW-8), a formal FIR (Ex.PA/2) was
registered at Police Station Lehra. Inquest proceedings were conducted
on the dead body (Ex.PL), and the same was thereafter forwarded for
post-mortem examination. The post-mortem (Ex.PJ) was conducted by
Dr. S.S. Oberoi (PW-6), who found four distinct injuries on the body,
including two incised wounds on the head of a grievous and fatal
nature. He opined that death had occurred due to head injuries, which
was sufficient in the ordinary course of nature to cause death.
8. The accused was arrested on 26.09.2003. During the
course of investigation, he made a disclosure statement (Ex.PM), which
CRA-D-920-DB-2004 & CRR-2313-2004
led to the recovery of blood-stained kahi (Ex.P4), vide Recovery Memo
(Ex.PO). In addition, blood-stained earth and the clothes of the
deceased were collected from the scene of occurrence. A scaled site
plan (Ex.PD) was prepared by Jaspal Singh (PW-3), Patwari. All the
seized articles were forwarded for chemical examination. The reports of
the Forensic Science Laboratory (Ex.PY and Ex.PZ) confirmed the
presence of human blood on the weapon of offence and on the clothes
of the deceased.
9. In support of its case, the prosecution examined the
following 12 witnesses, namely :
●PW-1 Karamjit Singh-complainant and eyewitness to the
occurrence.
●PW-2 Ram Chand-eyewitness to the occurrence.
●PW-3 Jaspal Singh-Patwari who prepared the site plan.
●PW-4 Ajit Singh-official from Irrigation Department who
proved Irrigation Record (Ex.PE).
●PW-5 Dr. Surjit Singh-Medical Officer who initially
examined the injured and prepared MLR (Ex.PF).
●PW-6 Dr. S.S. Oberoi-conducted post-mortem and proved
post-mortem report (Ex.PJ).
●PW-7 Gurnam Singh-witness to recovery of weapon of
offence.
●PW-8 ASI Amrik Singh-Investigating Officer who
recorded and registered FIR (Ex.PA/2).
●PW-9 Constable Kewal Singh-carrier of sealed parcels to
CRA-D-920-DB-2004 & CRR-2313-2004
FSL.
●PW-10 Chand Singh-Second Investigating Officer.
●PW-11 Head Constable Mehar Singh-custodian of case
property.
●PW-12 Balwinder Singh-Accountant of Amar Hospital,
who proved admission of the deceased.
10. When examined under Section 313 of the Cr.P.C., the
accused denied the allegations in toto and claimed false implication due
to previous enmity. In his defence, he examined DW-1 Amar Gir, who
sought to attribute the fatal assault to PW-2 Ram Chand instead of the
accused.
11. Upon appraisal of the entire evidence on record, the
learned Trial Court held that the prosecution had succeeded in
establishing its case beyond reasonable doubt. The ocular version of
PW-1 Karamjit Singh and PW-2 Ram Chand was found consistent,
reliable and trustworthy. Their testimonies stood corroborated by the
medical evidence contained in the post-mortem report (Ex.PJ) as well
as by the scientific evidence reflected in the FSL reports (Ex.PY and
Ex.PZ).
12. The delay in lodging the FIR was explained satisfactorily
by the prosecution in light of the immediate medical exigency and
referral of the injured to higher hospitals. The motive for the crime was
established from the water dispute, substantiated by the irrigation
record (Ex.PE). The recovery of the blood-stained kahi (Ex.P4) at the
instance of the accused pursuant to his disclosure statement (Ex.PM),
CRA-D-920-DB-2004 & CRR-2313-2004
was duly proved and lent further corroboration. The medical opinion
was in complete harmony with the ocular account of the eyewitnesses.
13. The defence version attributing the role of assailant to PW-
2 Ram Chand was rejected as an afterthought and a feeble attempt to
create doubt, without any evidentiary support. The plea of false
implication was also disbelieved.
14. Consequently, the learned Trial Court returned a finding of
guilt against the accused Lakhinder Singh @ Lakha @ Sukhpal Singh
under Section 302 of the IPC and sentenced him as follows:-
Offence(s)
under
Section
Period of sentence Fine
imposed
Period of sentence
in default of
payment of fine
302 IPC RI for life Rs.5,000/- RI for 01 year
15. Feeling aggrieved, the accused-appellant has filed the
instant appeal.
Submissions on Behalf of the Appellant-Accused
16. Learned senior counsel for the appellant has assailed the
judgement of conviction dated 28.08.2004 passed by learned Sessions
Judge, Sangrur, whereby the appellant was convicted under Section 302
IPC, on the following grounds :
(I) Delay in Lodging of the FIR
(a) It is submitted that the occurrence allegedly took place
around 8.00 p.m. on 21.09.2003, yet the statement of the complainant
Karamjit Singh (PW-1) was recorded only at 11.15 a.m. on 22.09.2003,
and the formal FIR was registered thereafter at 1.45 p.m. The special
report reached the learned JMIC, Sunam at 5.45 p.m. Such an
CRA-D-920-DB-2004 & CRR-2313-2004
inordinate delay in setting the criminal law in motion has not been
satisfactorily explained by the prosecution.
(b) Even if the family members of the deceased were engaged
in providing medical aid to the injured, it is urged that nothing
prevented them from sending someone to the police station to lodge the
complaint immediately. The unexplained delay creates serious doubt
about the authenticity of the case of the prosecution and provides scope
for concoction and deliberation.
(II)Alleged False Implication Owing to Family Dispute
(a) Learned senior counsel further contends that the learned
Trial Court failed to appreciate the defence case that, in fact, the quarrel
was between Ram Chand (PW-2) and deceased Chanan Singh, who
were real brothers. Due to prior enmity with the appellant, the case was
falsely foisted upon him. This defence finds corroboration from the
delay in lodging the FIR, which strengthens the possibility of a
fabricated version being introduced against the appellant.
(III)Absence of Motive
(a) It is urged that the prosecution has failed to establish any
motive on the part of the appellant. The consistent defence has been
that the appellant neither owned nor cultivated any land, which fact was
even admitted by Ram Chand (PW-2) during his deposition. In the
absence of any land holding, the alleged motive of a water dispute is
wholly untenable. The conviction based on such an unfounded premise
is, therefore, unsustainable.
(IV)Lack of Independent Witnesses
CRA-D-920-DB-2004 & CRR-2313-2004
(a) The prosecution has examined only the close relatives of
the deceased, namely PW-1 Karamjit Singh and PW-2 Ram Chand, as
eyewitnesses. No independent witness from the village or vicinity was
produced to corroborate the prosecution version, despite the fact that
the incident allegedly occurred in an open area when neutral witnesses
could have been available. Further, in light of the consistent case of the
defence that Ram Chand (PW-2) himself had in all likelihood inflicted
the fatal injuries, the absence of any independent corroboration assumes
critical importance. The learned Trial Court erred in placing unreserved
reliance on partisan witnesses.
(V)Improper Rejection of the Evidence Led By Defence
(a) The testimony of DW-1 Amar Gir, who specifically
deposed regarding the existing enmity between the deceased and the
appellant and who also suggested that Ram Chand (PW-2) was the
actual assailant, was unjustifiably discarded by the learned Trial Court.
His evidence was material to the defence plea and could not have been
brushed aside without adequate reasons.
(VI)Intention and Knowledge not Established
(a) It is contended that even if the prosecution version is
accepted at its highest, the incident took place in the heat of the
moment during a sudden quarrel over canal water. There is no evidence
to establish that the appellant had the intention of causing such bodily
injury as was sufficient in the ordinary course of nature to cause death,
or that he had any knowledge that death was a likely consequence of his
act. In such circumstances, the offence, if any, would not fall under
CRA-D-920-DB-2004 & CRR-2313-2004
Section 302 IPC but even in the worst case scenario would fall within
the ambit of culpable homicide not amounting to murder under Section
304 IPC.
17. On the basis of the above submissions, it is vehemently
contended that the judgement of the learned Trial Court is arbitrary,
perverse, and unsustainable in law. The prosecution has failed to
discharge its burden of proving the guilt of the accused beyond all
reasonable doubt. The conviction under Section 302 IPC is, therefore,
liable to be set aside.
Submissions on Behalf of the Respondent-State Assisted by Counsel
for the Complainant, Who Has Filed CRR2313-2004 Seeking
Enhancement of Fine and Sentence Awarded to the Appellant-
Accused
18. Learned State counsel assisted by learned counsel for the
complainant while supporting the judgement of conviction dated
28.08.2004, has urged that the appeal is devoid of merit and deserves to
be as dismissed. Learned counsel for the complainant has further
submitted that the appellant deserves the maximum punishment of
death. The submissions advanced by the counsel for the State as well as
the complainant are as follows :
(I)Delay in Lodging the FIR Adequately Explained
(a) It is contended that the delay in lodging the FIR has been
satisfactorily explained by the prosecution. Immediately after the
assault, the family members were occupied with saving the life of the
injured Chanan Singh, who was rushed first to Civil Hospital, Sangrur,
then referred to Rajendra Hospital, Patiala, and ultimately taken to
CRA-D-920-DB-2004 & CRR-2313-2004
Amar Hospital, Patiala. The priority of the family members was medical
treatment rather than approaching the police.
(b) The statement of Karamjit Singh (PW-1) was recorded
without undue delay on the following morning, and the FIR was
promptly registered thereafter. The chain of medical referrals fully
explains the time lapse. Thus, the argument of concoction or fabrication
is wholly unfounded.
(II)Presence of Eyewitnesses Natural and Credible
(a) The occurrence took place in the fields at night, and the
only person present were the deceased, his son Karamjit Singh (PW-1),
and his brother Ram Chand (PW-2). Their presence at the spot is
natural, as they had gone together to take their turn of canal water,
which is duly corroborated by the irrigation record (Ex.PE).
(b) The testimonies of PW-1 Karamjit Singh and PW-2 Ram
Chand are consistent, cogent, and inspire confidence. Their evidence
has further stood corroborated by medical evidence i.e. post-mortem
report (Ex.PJ) and scientific evidence i.e. FSL reports (Ex.PY and
Ex.PZ). The law does not discredit related witnesses merely for being
relatives, so long as their testimony is trustworthy, which in this case it
is.
(III)Motive Duly Proved
(a) The argument regarding absence of motive is
misconceived. The motive has been clearly proved through the
irrigation record (Ex.PE) which demonstrates the dispute over canal
water between the parties. The fact that the appellant did not own land
CRA-D-920-DB-2004 & CRR-2313-2004
himself is immaterial, as he was admittedly exercising his turn of water.
The objection raised by him to the diversion of water by Chanan Singh
proves both presence and motive.
(IV)Recovery of Weapon and Corroborative Evidence
(a) The recovery of the blood-stained kahi (Ex.P4) at the
instance of the appellant, pursuant to his disclosure statement (Ex.PM),
stands fully approved. The weapon was found stained with human
blood as per FSL reports. This recovery provides strong corroboration
to the ocular account. In addition, the collection of blood-stained soil,
seizure of clothes of the deceased, and their positive forensic analysis
further strengthen the case of the prosecution.
(V)Defence Plea Wholly Unreliable
(a) The plea that Ram Chand (PW-2) was the real assailant has
been rightly rejected by the learned Trial Court. It is an afterthought
without any foundation in evidence. The testimony of DW-1 Amar Gir
was rightly disbelieved, as it was vague, partisan, and inconsistent with
the medical and ocular account. The learned Trial Court has given
cogent reasons for discarding his testimony and no interference is,
therefore, warranted.
(VI) Intention and Knowledge Proved—Offence Falls
Squarely Under Section 302 IPC
(a) The medical evidence proves that two successive blows
were inflicted on the head of the deceased with a heavy, sharp-edged
weapon. Both injuries were independently sufficient to cause death in
the ordinary course of nature, as opined by Dr. S.S. Oberoi (PW-6). The
manner of assault, the part of body chosen, and the nature of injuries
CRA-D-920-DB-2004 & CRR-2313-2004
clearly demonstrate that the accused acted with the intention of causing
death or, at the very least, with the knowledge that such injuries were
sufficient to cause death.
(b) The argument of a sudden fight or lack of intention is
untenable. The assault was unilateral, and there is no evidence that the
deceased had provoked or attacked the accused. Hence, the offence is
clearly one of murder under Section 302 IPC, and not culpable
homicide not amounting to murder.
19. Accordingly, the counsel for the State as well as the
complainant have prayed for upholding the impugned judgement.
Findings of the Court
20. We have carefully examined the evidence on record,
considered the submissions of both sides and reappraised the reasoning
of the learned Trial Court. We do not find any merit in the instant
appeal for the reasons to follow.
21. It is true that the occurrence took place at around 8.00 p.m.
on 21.09.2003, whereas the FIR was recorded at 11.15 a.m. on the
following day. However, the explanation furnished by the prosecution
is both natural and convincing. The injured was immediately removed
to Civil Hospital, Sangrur, then referred to Rajendra Hospital, Patiala
and thereafter shifted to Amar Hospital, Patiala, where despite best
efforts he ultimately succumbed. In the circumstances, the foremost
concern of the family was understandably to save his life rather than to
rush to the police station. This sequence stands corroborated by the
contemporaneous medical records and referral slips. Once so explained,
CRA-D-920-DB-2004 & CRR-2313-2004
the delay ceases to have any adverse impact. Once the delay in lodging
the FIR is satisfactorily explained and supported by surrounding
circumstances, it does not erode the substratum of the case of the
prosecution.
22. Further, the prosecution rests principally on the testimony
of PW-1 Karamjit Singh (son of the deceased) and PW-2 Ram Chand
(brother of the deceased). Both witnesses are natural participants in the
events : they had accompanied the deceased to the fields to take canal
water, as per the irrigation record (Ex.PE). Their presence at the scene
is, therefore, both natural and inevitable.
23. Their version is consistent, free from material
contradictions, and withstood searching cross examination. The fact
that they are related to the deceased does not by itself render their
evidence suspect; indeed, in Indian rural settings, family members are
often the most natural eyewitnesses. What is crucial is that their
testimony finds full corroboration from medical and scientific evidence.
24. We find no reason to doubt their account. Their conduct
after the occurrence further lends assurance—they themselves took the
injured to hospital without delay. This reinforces the conclusion that
they were present at the spot and witnessed the assault.
25. Furthermore, the medical evidence offered by PW-6
Dr.S.S. Oberoi, who conducted the post-mortem, is wholly consistent
with the ocular version. The deceased had sustained two incised
wounds on the head, either of which, in the opinion of the doctor, was
sufficient in the ordinary course of nature to cause death. These injuries
CRA-D-920-DB-2004 & CRR-2313-2004
squarely tally with the blows described by PW-1 Karamjit Singh and
PW-2 Ram Chand as inflicted with the kahi (Ex.P4).
26. The recovery of the blood-stained weapon at the instance
of the accused pursuant to his disclosure statement (Ex.PM), the seizure
of blood-stained earth and clothes, and the FSL reports (Ex.PY and
Ex.PZ), confirming the presence of human blood on these articles, all
provide strong corroborative evidence that clinches the case of the
prosecution.
27. The contention of the learned senior counsel that the
accused had no motive is unpersuasive. The irrigation record (Ex.PE)
clearly proves that the turn of the accused for canal water immediately
preceded that of the deceased. The quarrel, thus, erupted when the
deceased attempted to divert the water soon after the turn of the
accused was over. The absence of ownership of land by the accused is
immaterial; what matters is that he was availing water at that time. This
furnished a proximate and sufficient motive for the crime.
28. Even otherwise, this is a case resting on direct eyewitness
account. In such cases, motive, though relevant, pales into
insignificance. Once the eyewitnesses are found trustworthy, absence or
insufficiency of motive is of no consequence. Here, the eyewitness
account is not only trustworthy but stands fortified by medical and
scientific corroboration.
29. The defence plea that PW-2 Ram Chand himself was the
assailant, is wholly implausible. It defies logic that PW-1 Karamjit
Singh, the son of the deceased, would falsely implicate the accused
CRA-D-920-DB-2004 & CRR-2313-2004
while exonerating his own uncle PW-2 Ram Chand, if the latter was
indeed the assailant. Prudence dictates that in such a scenario, PW-1
Karamjit Singh, would have at least implicated both. The very fact that
PW-1 Karamjit Singh consistently attributed the assault to the accused
alone is a strong indicator of truthfulness.
30. The plea of false implication, sought to be buttressed by
the testimony of DW-1 Amar Gir, does not inspire confidence. The
account of DW-1 Amar Gir is vague, partisan, and unsupported by any
contemporaneous material. It also stands contradicted by the
unimpeachable ocular and medical evidence. The learned Trial Court
was, therefore, correct in discarding it, and this Court sees no reason to
take a different view.
31. The manner of assault clearly rules out the defence plea
that the case falls under Section 304 IPC. The accused inflicted two
successive blows with a heavy sharp-edged weapon on the head—a
vital part of the body. The injuries were sufficient in the ordinary
course of nature to cause death, as confirmed by the doctor. The assault
was deliberate, unilateral, and unprovoked.
32. In such circumstances, intention to cause death or, at the
very least, knowledge that death was the most likely outcome, is
manifest. The case, therefore, falls squarely within the four corners of
Section 302 IPC. The plea of sudden fight or absence of intention is
devoid of merit.
33. On an appraisal of the entire evidence, we are satisfied that
the prosecution has succeeded in proving its case beyond all reasonable
CRA-D-920-DB-2004 & CRR-2313-2004
doubt. The findings recorded by the learned Trial Court are well
reasoned, firmly anchored in evidence, and free from any illegality,
perversity, or material irregularity warranting interference.
Accordingly, the instant appeal is dismissed and the impugned
judgment of conviction and order of sentence passed by the learned
Trial Court is upheld.
34. The learned Chief Judicial Magistrate/Trial Court
concerned is directed to take necessary steps to take appellant-
Lakhwinder Singh @ Lakha @ Sukhpal Singh into custody to serve out
his remaining sentence.
35. Coming next to CRR-2313-2004 filed by the complainant
for enhancement of fine imposed/sentence awarded to appellant
Lakhwinder Singh @ Lakha @ Sukhpal Singh, this Court is of the
considered opinion that the learned Trial Court has passed a well
reasoned judgment of conviction awarding life imprisonment to the
appellant. This Court, therefore, is not inclined to enhance either the
fine imposed/sentence awarded to the appellant as the case does not fall
in the “rarest of rare” category. Consequently, the revision petition filed
by the complainant also stands dismissed.
(MANJARI NEHRU KAUL )
JUDGE
(H.S. GREWAL)
28.08.2025 JUDGE
Vinay
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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