CRA-D-481-DB-2004 -1
102
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-D-481-DB-2004
Date of Reserve:29.10.2025
Date of Decision: 13.01.2026
Malkiat Singh and Anr. …Appellants
Vs.
State of Punjab …Respondent
Coram : Hon’ble Mr. Justice N.S.Shekhawat
Hon’ble Ms. Justice Sukhvinder Kaur
Present: Mr. Vikas Chathrath, Sr. Advocate with
Mr. Abhishek Singla, Advocate
Mr. B.P.S Thakur, Advocate
for the appellants.
Mr. M.S. Bajwa, DAG, Punjab.
***
N.S.Shekhawat J.
1. By way of the instant appeal, the appellants have challenged the
impugned judgment of conviction and order of sentence dated 08.01.2004,
passed by the Court of Additional Sessions Judge, Amritsar, whereby, the
appellants have been convicted for commission of the offences punishable
under Sections 364,302,201 of IPC, the appellants have preferred the present
appeal before this Court.
2. The FIR (Ex.PA/2) was ordered to be registered on the basis of the
statement (Ex.PA) made by Harbans Lal son of Toti Ram, resident of
Dashmesh Nagar, Ward No.1, Old Kairon Road, Patti and the said statement
has been reproduced below:-
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“Stated that I am resident of above address and I am retired
Shunting Master of Railway Department I have performed two
marriages. My first wife Ram Piari had expired and out of her
womb my son Ram Parkash @Sabi was born and from my second
marriage four sons and two daughters were born. My son Ram
Parkash @ Sabi is married for last 10/11 years and is residing
with his wife Rajbir Kaur d/o Sukhdev Singh @ Sukha of Khem
Karan and his children separate from me for the last 4/5 years in
his house of Raghbir Singh Bedi, Single Basti, Patti. Malkiat Singh
son of Nirmal Singh,caste Mazbi, resident of Mehmoodpura P.S
Valtoha at present Single Basti, Patti who is neighbourer of my son
and is residing on rent, developed illicit relations with my
daughter-in-law Rajbir Kaur. My son used to stop his wife Rajbir
Kaur to carry on these relations to which my daughter-in-law
Rajbir Kaur used to object upon on. On 5.4.2002, I went to my son
Sabi to his house and there was a big altercation between my son
and my daughter-in-law Rajbir Kaur due to her illicit relations.
After that day on 5.4.2002, I went to the house of my son sabi and
found the same locked and my daughter-in-law alongwith her
children had disappeared and on enquiry it came to my knowledge
that Malkiat Singh above was also missing on that day. Thereafter,
I went to the matrimonial house of my son at Khem Karan and
enquired them about my son and daughter-in-law but they did not
give any satisfactory reply. I am sure that Malkiat Singh s/o Nirmal
Singh Caste Mazbi r/o Mehmood Pura P.S.Valtoha present r/o
Single Basti Patti and my daughter-in-law Rajbir Kaur in
connivance with each other have kidnapped my boywith the
intention to kill him. It may be possible that after killing him, his
dead body might have disposed of. Till today, I have been kept
searching for my son from my relatives and all around but could
not get any clue. I alongwith Kashmir Singh s/o Naranjan Singh
caste Mazbi r/o Patti was going to the Police Station for reporting
this matter that you met me. Legal action be taken” Sd- In English,
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Harbans Lal above”.
3. After the registration of the FIR, the investigation in the present
case was formally commenced. On the next date of registration of the case, the
appellants/accused were produced before SHO Police Station Patti by Surta
Singh. They were interrogated and after finding sufficient evidence against
them, they were ordered to be arrested. Malkiat Singh, appellant No.1/accused
suffered a statement that the dead body of Ram Parkash @ Sabi deceased was
dumped by both accused on the bank of drain near Kandiala road and he got the
dead body recovered. Similarly, Rajbir Kaur, appellant No.2/accused also made
a statement to the police that parna of Ram Parkash @ Sabi was kept by her
underneath the bushes near the drain and she alone could get the same
recovered, accordingly. The police moved an application to S.D.M, whereby,
the request was made to depute some Magistrate during the process of recovery
of dead body and accordingly, Varinder Bhatia, Executive Magistrate was sent
as an Executive Magistrate. Photographer Gurpreet Singh and brother of the
deceased also joined the police party and at the instance of Malkiat Singh
appellant No.1, the dead body of Ram Parkash @ Sabi was recovered, which
was duly identified by Lajpat. It was taken into possession by the police and
the entire process was supervised by the Executive Magistrate. Even, Gurpreet
Singh Photographer had photographed the dead body. Similarly, parna of Ram
Parkash @ Sabi was recovered at the instance of Rajbir Kaur, appellant No.2.
After the recovery of the dead body, the inquest report was prepared and the
post mortem on the dead body of Ram Parkash @ Sabi was conducted. The
police prepared the site plan of the place of recovery of the dead body as well as
parna and after conducting the post mortem examination, the dead body was
CRA-D-481-DB-2004 -4
handed over to the family of the deceased. After completion of the
investigation, the challan under Sections 364,302,201,34 of IPC was presented
before the Court. Since, the case was triable by the Court of Sessions, the Area
Magistrate ordered the committal of the case to the Sessions Court at Amritsar.
4. After committal, the Trial Court found a prima facie case under
Sections 364,302,201 of IPC was made out against both the appellants and they
were ordered to be charge-sheeted accordingly. Both the appellants pleaded that
they had been falsely involved and were innocent and prayed for holding a trial
in the present case.
5. To prove the charge against the appellants, the prosecution
examined Harbans Lal, complainant as PW-1, who reiterated his statement
(Ex.PA) in the present case and fully supported the case of the prosecution. In
his cross-examination, he stated that Ram Parkash @ Sabi was residing at Patti,
whereas, Malkiat Singh, appellant No.1 belonged to Mehmoodpura, which is at
a distance of 25/26 kilometres from Patti. He was not having details of the
family of Malkiat Singh, appellant No.1. The prosecution further examined
PW-2 Swaran Dass, who was returning to his home from Village Kandiala at
about 09:00 P.M on 06.04.2002. Malkiat Singh, appellant No.1 met him near
the village and asked him to go home. However, Malkiat Singh, accused replied
in a doubtful manner that he was waiting for somebody. When he went a bit
further, Rajbir Kaur appellant No.2/accused was found coming along with her
husband Ram Parkash @ Sabi, since deceased. They told him that they were
going in connection with some work and after 5/6 days, he came to know that
Ram Parkash @ Sabi has been killed. The prosecution further examined PW-3
Rishi Ram Draftsman, who had prepared the scaled site plan Ex.PB. Similarly,
CRA-D-481-DB-2004 -5
prosecution examined Gurpreet Singh, Photographer as PW-4, who visited the
spot of occurrence and photographs were exhibited as Ex.P-9 to P-16 and the
negatives were proved as Ex.P-1 to Ex.P-8. The prosecution further examined
S.I Ram Nath as PW-5, who was one of the IOs in the present case and had
taken into possession the photographs and negatives Ex.P-1 to P-16. The
prosecution further examined Varinder Bhatia, Naib Tehsildar as PW-6, who
had joined the police party on 15.04.2002 and had accompanied them to a drain
on the eastern side of Patti. Both the accused were also present along with
police. At the instance of the accused, the dead body of Ram Parkash @ Sabi
was recovered from the drain and the dead body was wearing only one
underwear. It was taken into possession by the police vide a recovery memo
Ex.PE, which was attested by him. In his cross-examination, he stated that he
could not say as to who were the owners of the land from where the dead body
of Ram Parkash @ Sabi was recovered. He could not tell as to what was
situated on either side of the place of recovery. The prosecution further
examined PW-7 C. Chiman Singh, whose evidence was formal in nature.
Similarly, prosecution examined S.I Manmohan Singh, CIA Staff, Batala as
PW-8, who was posted as SHO on the date of occurrence. He had recorded the
statement (Ex.PA) of the complainant and had prepared the site plan of the
occurrence Ex.PG with correct marginal notes. Even he had arrested both the
accused and they had made their respective disclosure statements in his
custody. As per the disclosure statement Ex.PH of Malkiat Singh, he was taken
to a place near the drain and at his instance, the dead body of deceased was
recovered by the police. The dead body was identified by Lajpat to be of his
brother Ram Parkash @ Sabi and it was taken into possession by the police.
CRA-D-481-DB-2004 -6
Similarly, in pursuance of disclosure statement Ex.PH/1, Rajbir Kaur got
recovered the parna Ex.P-17 of the deceased and the same was taken into
possession by the police. Even, the site plan of the place of recovery Ex.PN was
prepared and also the site plan of place of recovery of parna Ex.PN-1 was
prepared by him. He also send the dead body for post mortem examination and
made various other recoveries as well.
6. The prosecution further examined Dr. Sukhwinder Singh, Medical
Officer as PW-9, who had conducted the post mortem examination on the dead
body of Ram Parkash @ Sabi on 15.04.2002 and he deposed that as per the
police information, the death was due to strangulation on 06.04.2002. The
relevant extract of his testimony has been reproduced below:-
“The length of the body was 5x7". Ligature mark was
present around the neck on the mid line lower part about 30x3 cm.
It was dead body of adult male in advance stage of putrefaction.
Skin discoloured and feeling off. Face congested swollen. Eyes
prominent soft. Tongue protruded in teeth. Teeth loosened can be
easily removed. Nails loosened can be easily removed. Hair fallen
off. Wearing underwear earthen colour.
Skull setured loosened. Brain was liquified. There was
legature mark 30x30 cm around the neck on middle and lower part
on dissection muscles putrifying lacerated, tracheal rings
fractured. Carotid vessels lacerated. Froethy secretion present on
treaches. The walls ribs cartilages pleurae layering and tracheat
were putrified. Left and right lungs were congested and putrifying.
Large intestine was congested and putrifying. In the abdomen,
walls,distendered putrifying. Peritoneum putrifying. The other
organs of abdomen were putrifying. In my opinion, the death in
this case was caused by Asphyxia due to injury no.1 which was
sufficient to cause death in the ordinary course of nature. The
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probable time between injury and death was immediate and
between death and post mortem was 7 to 10 days. After post
mortem examination I handed over to the police R.D.body,
clothers, police papers 1 to 14. Carbon copy of post mortem
report. I have brought the original post mortem report. Ex. PR is
the correct carbon copy of the original prepared with the same
process in which the original was prepared which was written and
signed by me. The postmortem was conducted on the police request
Inquest report is Ex.PK was received alongwith the request and
was duly signed by me. Ex.PK/1 was also received alongwith the
request for conducting post mortem examination was duly initiated
by me”.
In his cross-examination, he denied that the dead body was not in a identifying
condition as the same had putrified.
7. In the end, the prosecution examined Surta Singh as PW-10, who
stated that on 14.04.2002, the accused present in the Court came to him as they
were known to him, being his customers of his cloth shop at Patti. They both
confessed one by one that they had developed extra marital relationship and
Ram Parkash @ Sabi, husband of Rabir Kaur did not like the same. On account
of this, both had joined hands and Ram Parkash @ Sabi was killed by them.
After killing, his dead body was concealed in a village drain and they requested
him to help them in appearing before the police as he had acquaintance with the
police officials. He came to his shop and produced them before SHO Patti. In
his cross-examination, he stated that he was running a shop at Patti since 1979.
He was a Director and Chairman of the Punjab Land Mortgage Bank, Patti and
was also Director of Shero Sugar Mill. Even, the accused had been coming to
his shop for the last 10/15 years. He was maintaining the accounts of the shop,
CRA-D-481-DB-2004 -8
but he had not produced the same before the Trial Court. Malkiat Singh,
appellant No.1/accused had come to him first in the first instance and Rajbir
Kaur, appellant No.2/accused came a little thereafter. He had been instrumental
in getting settlements reached in number of cases including police cases. He had
been frequently visiting police stations, but he never appeared as a witness in
another case.
8. After the prosecution had closed its evidence, the entire
prosecution evidence was put to both the accused/appellants in the shape of
their statements under Section 313 Cr.P.C.
9. Both the appellants denied that they knew each other. Further, they
had never met Surta Singh nor made any alleged statement before him and they
had been falsely involved in the present case. The accused chose not to lead any
defence evidence.
10. Learned senior counsel appearing on behalf of appellants
vehemently argued that the present case was based on circumstantial evidence
and the link evidence was clearly missing in the present case. Still further, the
case was based on the testimony of related and official witnesses, who were
interested and ensuring the conviction of the appellants without any evidence on
record. Learned counsel further argued that even the date of occurrence was not
certain and it cannot be said that PW-2 Swaran Dass had seen the appellants in
the company of the deceased, immediately before the occurrence. Further, the
prosecution witnesses had no reason to go to PW-10, Surta Singh to make an
extra judicial confession before him. Even, he was a simple shopkeeper and it is
not even the case of the prosecution that he wielded some influence in the
society. Even, there was no occasion for both the appellants to approach him
CRA-D-481-DB-2004 -9
and to repose confidence in him. Still further, there were material discrepancies
in the statements of various prosecution witnesses, which were completely
overlooked by the Trial Court.
11. On the other hand, learned State counsel vehemently argued that in
the present case, the prosecution had lead sufficient incriminating evidence
against both the appellants. Even, both the appellants had made extra judicial
confession before PW-10, Surta Singh and on production before the police, they
were interrogated by the police. Even, both the appellants got recovered the
dead body of Ram Parkash @ Sabi, in the presence of the Executive Magistrate
and the brother of the deceased had identified the dead body to be of his
brother. Still further, it was also apparent from the testimony of PW-2 Swaran
Dass that at about 09:00 P.M on 06.04.2002, he had seen both the appellants in
the company of Ram Parkash @ Sabi, since deceased and immediately
thereafter, Ram Parkash @ Sabi was murdered by the appellants. Still further, it
was also apparent from the testimony of PW-1 Harbans Lal that the appellants
were having illicit relations with each other and just to get rid of Ram Parkash
@ Sabi, he was eliminated by both of them in a conspiracy with each other.
Thus, the impugned judgment is liable to be upheld by this Court.
12. We have heard learned counsel for the parties and perused the
record carefully; with their able assistance.
13. It is an admitted fact that there was no eye witness to the incident
in the present case and the case of the prosecution is based on circumstantial
evidence.
14. The law on the issue of proof of guilt on the basis of circumstantial
evidence was laid down by the Hon’ble Supreme Court in the matter of
CRA-D-481-DB-2004 -10
“Sharad Birdichand Sarda Vs. State of Maharashtra, reported in (1984) 4
SCC 116 by observing as follows:-
"A close analysis of this decision would show that the following
conditions must be fulfilled before a case against an accused can
be said to be fully established:
(1) the circumstances from which the conclusion of guilt is to be
drawn should be fully established.
It may be noted here that this Court indicated that the
circumstances concerned "must or should" and not "may be"
established. There is not only a grammatical but a legal distinction
between "may be proved" and "must be or should be proved" as
was held by this Court in Shivaji Sahabrao Bobade v. State of
Maharashtra where the observations were made:
Certainly, it is a primary principle that the accused must be and
not merely may be guilty before a court can convict and the mental
distance between 'may be' and 'must be is long and divides vague
conjectures from sure conclusions."
(2) the facts so established should be consistent only with the
hypothesis of the guilt of the accused, that is to say, they should not
be explainable on any other hypothesis except that the accused is
guilty.
(3) the circumstances should be of a conclusive nature and
tendency,
(4) they should exclude every possible hypothesis except the one to
be proved, and
(5) there must be a chain of evidence so complete as not to leave
any reasonable ground for the conclusion consistent with the
innocence of the accused and must show that in all human
probability the act must have been done by the accused."
15. Similar observations were made by the Hon’ble Supreme Court in
the matter of “G. Parshawanath Vs. State of Karnatka”, 2010 (8), SCC 593
CRA-D-481-DB-2004 -11
as follows:-
23.In cases where evidence is of a circumstantial nature, the
circumstances from which the conclusion of guilt is to be drawn
should, in the first instance, be fully established. Each fact sought
to be relied upon must be proved individually. However, in
applying this principle a distinction must be made between facts
called primary or basic on the one hand and inference of facts to
be drawn from them on the other. In regard to proof of primary
facts, the court has to judge the evidence and decide whether that
evidence proves a particular fact and if that fact is proved, the
question whether that fact leads to an inference of guilt of the
accused person should be considered. In dealing with this aspect of
the problem, the doctrine of benefit of doubt applies. Although
there should not be any missing links in the case, yet it is not
essential that each of the links must appear on the surface of the
evidence adduced and some of these links may have to be inferred
these inferences, common course of natural events and to human
conduct and their relations to the facts of the particular case. The
Court thereafter has to consider the effect of proved facts."
16. The Hon’ble Supreme Court further elaborated the law relating to
the cases, which are based on circumstantial evidence and held in the matter of
“Padala Vera Reddy Vs. State of Andhra Pradesh and Ors.” reported in 1989
Supp (2) SCC 706 as follows:-
(a) the circumstances from which an inference of guilt is sought to
be drawn. must be cogently and firmly established;
(b) those circumstances should of a definite tendency unerringly
pointing towards guilt of the accused;
(c) the circumstances, taken cumulatively should from a chain so
complete that there is no escape from the conclusion that within all
human probability the crime was committed by the accused and
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none else; and
d) the circumstantial evidence in order to sustain conviction must
be complete and incapable of explanation of any other hypothesis
than that of the guilt of the accused and such evidence should not
only be consistent with the guilt of the accused but should be
inconsistent with his innocence.
17. Now, we would advert to the evidence led by the prosecution in the
present case, in the light of the above-stated observations made by Hon’ble
Supreme Court in various judicial pronouncements. The criminal law was set
into motion by PW-1 Harbans Lal, who had made his statement Ex.PA to the
police, which led to the registration of the formal FIR Ex.PA/2. He clearly
stated that his son Ram Parkash @ Sabi was married to Rajbir Kaur, appellant
No.2 about 10/11 years before the occurrence. Appellant No.1 namely Malkiat
Singh had developed extra marital relations with appellant No.2 namely Rajbir
Kaur and Ram Parkash @ Sabi, being husband of Rajbir Kaur, appellant No.2
used to oppose their relationship. However, the appellants did not like it and on
05.04.2002, when complainant visited their house, they were fighting with each
other in connection with the said relationship. Later on, when he visited the
house of Ram Parkash @ Sabi on 08.04.2002, house was found locked and no
one was available there. Rather, it was revealed that Malkiat Singh, appellant
No.1 was also missing from his home. Ultimately, both the appellants appeared
before PW-10, Surta Singh on 14.04.2002 and requested him to produce them
before the police. It is also apparent from the testimony of PW-10 Surta Singh
that he was a person, who wielded influence and had remained Director and
Chairman of the Punjab Land Mortgage Bank, Patti and was also Director of
Shero Sugar Mill and the accused had been coming to his shop for the last
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10/15 years. Even, he had been visiting the police station frequently and was
having good relations with the local police. Thus, the appellants had approached
him with a view to help them and to produce them before the police.
18. Accordingly, PW-10 Surta Singh produced both the appellants
before the police and they suffered their respective disclosure statements. At the
instance of appellant No.1, the dead body of Ram Parkash @ Sabi was
recovered from underneath the earth near the drain and the dead body was
identified by Lajpat to be brother of Ram Parkash @ Sabi. Even, the parna of
the deceased Ex.P-17 was recovered at the instance of Rajbir Kaur, appellant
No.2 and all these proceedings were duly conducted in the presence of an
Executive Magistrate i.e. PW-6 Varinder Bhatia, Naib Tehsildar. In fact,
Varinder Bhatia, Executive Magistrate was an independent witness and had no
reasons to join hands with the complainant side or the police and thus, the
recovery of dead body at the instance of the appellants was a clinching
circumstance, which unerringly pointed towards the guilt of both the appellants.
19. Apart from that, in a case of circumstantial evidence, motive also
play a vital role. In the present case, this Court has perused the testimony of
PW-1, Harbans Lal, who visited the house of Ram Parkash @ Sabi and Rajbir
Kaur, appellant No.2 and found them fighting over the illicit relations between
both the appellants. Even, Harbans Lal categorically stated that both the
appellants were having illicit relations with each other since long and Ram
Parkash @ Sabi, since deceased objected to their relationship. Even, both the
appellants had appeared before PW-10 Surta Singh and clearly admitted that
they had developed extra marital relationship, which was not liked by Ram
Parkash @ Sabi. Thus, the prosecution has been successful in proving the
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motive on the part of the appellants to commit the crime. Apart from that, in the
present case, the prosecution had further examined PW-2 Swaran Dass, who
deposed that he was returning to his home from Village Kandiala at about 09:00
P.M on 06.04.2002. He found Malkiat Singh, appellant No.1 near his village.
He asked him to go home, but he replied in a doubtful manner that he was
waiting for somebody. He went a bit further and found that Rajbir Kaur,
appellant No.2 was coming with her husband namely Ram Parkash @ Sabi,
since deceased and they told him that they were going somewhere in connection
with some work. After 5/6 days, he came to know that Ram Parkash @ Sabi
had been killed. Even, PW-2 was cross-examined by learned defence counsel,
but his testimony could not be shattered in any manner. The statements of all
the witnesses were dully corroborated by the testimony of PW-9
Dr. Sukhwinder Singh, Medical Officer, who had conducted the post mortem
examination on the dead body of Ram Parkash @ Sabi and the dead body was
duly identified by Lajpat and Balwinder Singh. As per him, there was ligature
mark 30 x 3 cm around the neck on the middle and lower part and in his
considered opinion, the death was caused by Asphyxia, due to injury No.1,
which was sufficient to cause death in ordinary course of nature. Thus, it was
apparent that both the appellants had strangulated Ram Parkash @ Sabi to death
and after committing his murder, the dead body was hidden by both the
appellants, which was ultimately recovered at their instance only. Thus, the
prosecution evidence clearly proved on record that both the appellants had not
only abducted the deceased in order to kill him, but also killed him by
strangulation and concealed his dead body as well as parna and ultimately, the
recoveries were made by the police party, in pursuance of their disclosure
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statements. Even, the recoveries were made in the presence of Varinder Bhatia,
Executive Magistrate, an independent witness and the prosecution has been
successful in proving the charge against both the appellants beyond any doubt.
20. Even otherwise, we have carefully gone through the findings
recorded by the Trial Court and find that the trial Court has recorded the well
reasoned findings, based on correct appreciation of evidence and law. We also
find ourselves in full agreement that the reasons recorded by the Trial Court and
find no grounds to set aside the impugned judgment and order passed by the
Trial Court.
21. Accordingly, impugned judgment of conviction and order dated
08.01.2004, passed by the Court of Additional Sessions Judge, Amritsar are
ordered to be upheld by this Court and the present appeal is ordered to be
dismissed.
22. Ordered accordingly.
23. The appellants may be taken in custody forthwith, if on bail, to
serve the remaining sentence.
(N.S.SHEKHAWAT)
JUDGE
(SUKHVINDER KAUR)
JUDGE
13.01.2026
hitesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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