As per case facts, Bimla was murdered by bullet shots. Her son, Nand Lal (PW-6), witnessed Bansi Lal firing the shot, while Nihal Singh was also present. Another witness, Het ...
CRA-D-516-DB-2004 &
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104
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Reserve:27.10.2025
Date of Decision: 28.10.2025
(I) CRA-D-516-DB-2004
Bansi Lal …Appellant
Vs.
State of Haryana …Respondent
(II) CRR-1271-2004
Nand Lal …Petitioner
Vs.
Nihal Singh and Ors. …Respondents
Coram : Hon’ble Mr. Justice N.S.Shekhawat
Hon’ble Ms. Justice Sukhvinder Kaur
Present: Mr. Gunjan Mehta, Advocate
for the appellant in CRA-D-516-DB-2004.
Mr. Rahul Vats, Advocate
for the petitioner in CRR-1271-2004 and
for the complainant in CRA-D-516-DB-2004.
Mr. Rajinder Kumar Banku, Sr.DAG,Haryana with
Mr. Rajiv Sidhu, Sr. DAG, Haryana.
***
N.S.Shekhawat J.
1. By way of this common judgment, this Court shall dispose of two
petitions i.e. CRA-D-516-DB-2004 titled as “Bansi Lal Vs. State of Haryana”
and CRR-1271-2004 titled as “Nand Lal Vs. Nihal Singh and Ors.” , as both
the petitions arise out of the common impugned of conviction and order of
sentence dated 30.04.2024 passed by the Court of Additional Sessions judge,
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Fatehabad.
2. Bansi Lal, appellant in criminal appeal No. CRA-D-516-DB-2004
has prayed for setting aside the impugned judgment of conviction and order of
sentence dated 30.04.2004 and to acquit him of the charge, whereas, Nand Lal,
victim/complainant in criminal revision No.CRR-1271-2004 has prayed for
enhancement of sentence imposed on Bansi Lal and to grant him compensation,
being the legal representative of the deceased.
3. The prosecution story, as it unfolded before the Trial Court, is that
the FIR Ex.P-9 in the present case was registered on the statement (Ex.P-7)
made by Bhagirath son of Amar Singh and the english translation of the
statement of the complainant has been reproduced below:-
Statement of Bhagirath son of Amar Singh, caste Bishnoi,
aged 50 years, resident of village Bukarkey, P.S Nohar, District
Hanumangarh (Rajasthan).
“Stated that I am the resident of above noted address and carry on
auricultural persuits .The marriage of my niece Bimla had been
performed with Mohar singh son of Khiyali Ram, Bishnoi, resident
of Dhani Dhangar, about 14 years ago. From this alliance, a son
named Nand Lal was blessed to them, some ten years ago. After
about one month of the birth of son, our son0in0law Mohar Singh
left the house, for good and till today no clue has been detected, it
is not known where he is living whether he is alive or dead. My
niece Bimla used to live alongwith her son, after constructing a
Dhani (Farm House) in the field. Mohar Singh and his elder
brother Nihal singh, live in village Rawat Kheera; both of them
hold their ancestral lands, at village Rawat Khera. After departure
of Mohar Singh, Bimla used to claim land measuring about 14
Kanals, situated at village Rawat Khera, which comes to her share,
she used to demand this land from Nihal Singh. Nihal Singh is in
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possession over this land and he did not hand0over/deliver this
land to Bimla Devi. My niece used to doubt that her husband
Mohar Singh had been eloped away (by way of kidnapping or
screening away or by way of murdering him) by Pirthi son of Boga
Ram,caste Bishnoi, who lives in Rajasthan. On this count, Pirthi
also used to nurse grudge against Bimla and he (Pirthi) had given
a threat to Bimla, to deal with her on that count.
Today in the morning around 07:00/8:00 AM I received a
telephonic message that somebody has murdered by niece Bimla,
by firing bullet0shots. Upon this on reaching this place I made
enquiry from Nand Lal, son of my niece Bimla. When Nand Lal
told me that my mother Bimla while she was struggling for life and
was on her last breath and was in a state of agony. He informed
me that she had been fired bullet shots by Pirthi and Nihal Singh,
one bullet shot hit her, while one bullet shot passed by her side. I
am also confident that with intent to grab the land of village Rawat
Khera. Nihal Singh and Pirthi, while in collusion with each other,
they have murdered by niece Bimla, by firing her with bullet shots.
Legal action may be taken against both of them. Due to long
journey, I have just reached now, I was late in reaching here, Now
I have got my statement recorded with you, which I have heard and
the same is correct. This occurrence took place today in the
morning at about 08:15 A.M. L.T.I Bhagirath, Attested Sd/0 Vijay
Singh, Inspector SI/SHO P.S Sadar, Fatehabad”
4. After the registration of the FIR, the spot of the crime was
inspected by the crime van. Kailash, photographer was called at the spot and he
had taken the photographs of the dead body from different angles. The team of
scene of crime also inspected the spot. Even the spot was examined by
Inspector Vijay Kumar, who also prepared the rough site plan and the inquest
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report. The recovery of various incriminating articles were effected from the
spot. The dead body was sent to the Civil Hospital Fatehabad, where, Dr. Om
Parkash, Medical Officer PW-8 conducted the post mortem examination on the
dead body of Bimla and opined that the cause of death in the present case was
shock and hemorrhage, as a result of injuries which were ante mortem in nature
and were sufficient to cause death in ordinary course of nature and also
prepared the post mortem report Ex.P13. On 27.10.2001, the police arrested
both the accused namely Nihal Singh and Bansi Lal and were interrogated. On
interrogation, Nihal Singh made a disclosure statement Ex. P-50, disclosing the
fact that he had concealed the pistol, two live cartridges and one Yamaha motor
cycle in the house of Amar Singh. Ultimately, the said statement led to recovery
of one pistol, two live cartridges and one motorcycle. After usual formalities,
the three articles were taken into possession by the police. The parcels
containing Khes, danda, clothes of the deceased, blood stained earth, pistol and
cartridges were sent to FSL, Madhuban for analysis and the report of FSL
Ex.P58 and Ex.P59 were received, during the trial.
5. After completion of investigation, Bansi Lal (appellant in CRA-D-
516-DB-2004) and his co-accused Nihal Singh (since deceased) were challaned
by the police and the challan was presented before the Court of Area
Magistrate. Since, the case was triable exclusively by the Court of Sessions, the
Area Magistrate committed the case to the Court of Sessions Judge.
6. After considering the challan and documents accompanying it, the
Trial Court held that a prima facie case under Sections 302,34 of IPC and
Section 25 of the Arms Act was made out against Nihal Singh, accused,
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whereas, a prima facie case under Sections 460,302 of IPC was made out
against Bansi Lal (appellant in CRA-D-516-DB-2004) and they were charge-
sheeted accordingly. However, Bansi Lal, appellant and Nihal Singh pleaded
their false implication and claimed to be tried by the Trial Court.
7. In order to prove the case, the prosecution had examined 15
witnesses in all. Ramphal, Reader to District Magistrate, Fatehabad was
examined as PW-1, who proved Ex. P1 i.e the sanction order under Section 25
of the Evidence Act against Nihal Singh. PW-2 EHC Ram Sarup had brought
the parcel containing the belongings of the deceased from hospital and the same
was handed over to the I.O, which were taken into possession vide the recovery
memo Ex.P2. PW-3 Narender Singh, Patwari proved certain revenue record as
Ex.P3 to Ex.P5. Still further, PW-4 Balwant Singh Draftsman had prepared the
scaled site plan Ex.P6 with correct marginal notes. PW-5 Om Parkash HC had
registered the FIR Ex.P9 in the police station and proved his endorsement
Ex.P10 on the original writing.
8. The prosecution further examined Nand Lal son of Mohar Singh,
son of the deceased as PW-6. He stated that his father had died before he gained
the senses. On the night intervening 22/23.10.2001, he and his mother Bimla
were sleeping on the first floor of their house and an electric bulb was on. At
about 03:30 AM, he had heard fire shot and got up and found his mother lying
on the ground. Bansi Lal, accused was running from the spot and was having a
pistol. His mother was bleeding. When Bansi Lal was running, he switched on
the torch and saw that Nihal Singh, accused was standing on the ground floor
near their house and he had seen Bansi Lal and Nihal Singh running together
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towards the school in the street. Both of them boarded a motorcycle and went
towards the G.T road. While, he was taking care of his mother, she told him
that Bansi Lal had fired a shot at her and Nihal Singh was standing on the
ground floor. His mother had been murdered in order to grab their land. In his
cross-examination, he stated that Nihal Singh, accused used to reside in Village
Ravat Khera. Bansi Lal was having a dispute with his mother from the last one
month, however, he used to work in the field, but did not visit their house
during the period of one month. Even, Bansi Lal was unmarried and had paid
the batai of the last crop. The prosecution further examined PW-7 Het Ram,
who stated that his two nieces namely Urmila and Maya were married at village
Dhangar and he usually used to come to Village Dhangar to meet them. At
about 03:30 AM on 23.10.2001, he had gone towards the Dhani to ease himself.
When he reached near the wall of the school, he saw that Bansi Lal and Nihal
Singh were riding on a motor cycle and were going towards GT road on a fast
speed. He stated that his nieces were married at Village Dhangar for about 5/6
years and he had come to see them. The prosecution further examined PW-8
Dr. Om Parkash, Medical Officer, who had medico-legally examined Smt.
Bimla on 24.10.2001. She had died at about 04:15 PM on 23.10.2001 and after
the death, he found the following injuries on the dead body of Smt. Bimla
Devi:-
“Wound of entry of size 1.1 x 1.1 cms, circular in
shape present in left posterio0axillary fold at the level of left nipple,
margins of wound were tattooed and blackened. Margins inverted.
Blood clots coming from wound. On dissection and probing the
underlying tissues are crushed entering into left thoracic cavity in
5th left inter0postal leading to fracture of 6th rib and injury to the
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left lung with haemothorax and further tearing the left mediastum
tissues. Blood vessels in the way and coming out the thoracic
cavity leading to fracture of Ist rib and with the adjacent part of
left sternum manubri and finally bearing exit wound in the anterio
aspect of chest of size 3.8 x 3.6 cm in the left upper chest. Margins
everted with clots present over the margins and surrounding area.
Corresponding hall of size 1 x 1 cm present on the jumpher at the
wound of entry and adjacent part of jumpher was smeared with
blood."
He further opined that the cause of death in this case was shock and hemorrhage
as a result of the injuries described above, which were ante mortem in nature
and was sufficient to cause death in the ordinary course of nature. The
prosecution further examined PW-9 Constable Baldev Singh, PW-10 Constable
Prem Singh and PW-11 Constable Shree Ram, whose testimonies are formal in
nature. The prosecution further examined Constable Kailash Chander as
PW-12, who had taken nine photographs of the dead body of Bimla from
different angles. Further, the prosecution examined PW-13, SI/SHO Guria Ram,
who remained associated with Vijay Kumar SI/SHO, during the process of
investigation. On 27.10.2001, the investigation was entrutsed to him and he had
arrested both the accused in the present case. Even on the disclosure statement
of Nihal Singh, a pistol along with two live cartridges and a motor cycle were
recovered by the police. The prosecution further examined PW-14 ASI Rajinder
Singh, who was a witness of recovery from Nihal Singh. The prosecution
further produced Inspector/SHO Vijay Kumar as PW-15, who had conducted
the initial investigation at the spot.
9. After the evidence of the prosecution concluded, the entire
evidence was put to the two accused in the present case and they pleaded their
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false implication. The defence was raised that they have been falsely involved
at the instance of Prithvi Singh.
10. After the recording of statement under Section 313 Cr.P.C, the
accused examined Raja Ram, Clerk in the office of Deputy Commissioner,
Fatehabad as DW-1 and proved the copy of the statement of Bimla as Ex.D1.
Ram Narain was examined as DW-2, who stated that Bansi Lal, accused was a
tailor by profession and he had never been an agriculturist. He used to work
with Ram Kumar tailor at Bighar Road, Fatehabad. He knew Prithvi son of
Boga Ram and both Bansi Lal and Prithvi were from different families.
However, the names of their father were common. Similarly, DW-3, Ram
Kumar, tailor also deposed that Bansi Lal, accused had been working with his
shop since the year 2001.
CRA-D-516-DB-2004
1. Learned counsel for the appellant vehemently argued that in the
present case, the occurrence had taken place at 03:30 AM on 23.10.2001 and
even the police was informed immediately. Still, the FIR was lodged at about
04:30 P.M on 23.10.2001 and the said time was utilized by the complainant in
coining a false story against Bansi Lal and his co-accused. It was further
submitted that Bansi Lal, was not initially named in the FIR and one person
namely Prithvi son of Boga Ram was shown as an accused along with Nihal
Singh. However, during the course of trial, all the witnesses had wrongly named
Bansi Lal as one of the assailant in the present case. In fact, the father’s name of
Prithvi Singh and Bansi Lal was Boga Ram and due to some previous enmity,
he has been falsely involved in the present case. Still further, the prosecution
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had wrongly placed reliance on the testimonies of PW-6 Nand Lal and PW-7
Het Ram. PW-6 Nand Lal was a child witness, who was son of the deceased
and had been tutored to depose against the present appellant. No doubt, the
Courts can record the judgment of conviction on the solitary testimony of a
child witness, but in the present case, the child witness was son of the deceased
and his testimony had been influenced by the elders of the family. Apart from
that, PW-7 Het Ram was a resident of Rajasthan and had no reasons to go
towards the school of the village Dhangar. Even, he had never seen the accused
committing the crime. Still further, Het Ram was a resident of different place
and his testimony was liable to be disbelieved by this Court. Apart from that,
even the presence of PW-6 Nand Lal and PW-7 Het Ram were unreliable and
were liable to be discarded by this Court. Apart from that, there was
considerable delay in sending the case property to FSL and the entire
prosecution case was false and fabricated.
2. On the other hand learned State counsel assisted by learned counsel
for the complainant had vehemently opposed the submissions made by learned
counsel for the appellant on the ground that PW-6 Nand Lal and PW-7 Het Ram
were the most material witnesses of the prosecution, who had assigned specific
roles to Bansi Lal as well as Nihal Singh. PW-6 Nand Lal is son of Bimla (since
deceased) and is a small child. Thus, his presence at the place of occurrence
was quite natural. Apart from that, the capacity of the child witness to depose
before the Trial Court has been seen by the Trial Court and he was found to be a
competent and reliable witness of the Court. Even his demeanour has been
noticed by the Court, while he was deposing as a witness, during the trial. Still
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further, two nieces of PW-7 Het Ram were married in village Dhangar and he
was not a stranger at the place of occurrence. It is a matter of common
knowledge that people in villages gone to the fields in wee hours to ease
themselves and he had only seen both the accused fleeing from the place of
occurrence on a motorcycle. Even, the testimonies of two witnesses were duly
corroborated by the statements of PW-8 Dr. Om Parkash, PW-13 Guria Ram
SI/SHO and PW-15 Vijay Kumar, Inspector. Bimla, since deceased had died
because of the fire arm injuries, which were attributed to the present appellant.
Still further, even a pistol and two live cartridges were recovered from Nihal
Singh and from the FSL reports, it amply stood establish that the weapon
recovered from Nihal Singh was used in the commission of crime in the present
case. Thus, the impugned judgment is liable to be upheld by this Court.
3. Learned counsel for the complainant further prayed that the
sentence imposed on the appellant- Bansi Lal may be ordered to be enhanced
and the case fall within the category of “rarest of rare cases” to attract the
capital punishment. Thus, the sentence imposed on Bansi Lal is liable to be
enhanced by this Court. Apart from that, the appellant may be further ordered to
pay some compensation to Nand Lal as he had lost his mother at a very young
age.
4. We have heard learned counsel for the parties and perused the
record carefully with their able assistance.
5. In the present case, initially Bansi Lal and Nihal Singh were tried
by the Trial Court, however, later on Nihal Singh had expired and the appeal
has been filed by Bansi Lal accused only. Learned counsel for the appellant has
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raised an argument that the the occurrence had taken place at about 03:30 AM
on the night intervening 22/23.10.2001, whereas, the FIR was lodged at 04:30
PM on 23.10.2001 and there is an apprehension of introduction a coloured
version by the prosecution witnesses. However, this Court does not find any
force in the submissions made by learned counsel for the appellant. In the
present case, even though the occurrence had taken place at about 03:30 AM,
but the police reached at the place of occurence after the complainant Bhagirath
arrived at the spot. In fact, Bhagirath was resident of Rajasthan and was called
at the spot to report the matter to the police. Still further, it can never be said
that there was any inordinate delay in lodging the FIR and it is a usual practice
to call the relatives of the deceased and then to report the matter to the police. In
the present case also, Bhagirath reached at the spot after getting the information
about the occurrence and his statement was recorded at about 03:15 PM and
thereafter, he accompanied the police officials and other relatives and the
proceedings were conducted at the spot. Even otherwise, the delay in lodging
the FIR stood properly explained by the prosecution, during the course of trial.
6. Learned counsel for the appellant has assailed the testimony of
PW-6 Nand Lal and submitted that he was a child witness and his testimony
was influenced by the elders in the family. Still further, even though the name
of Bansi Lal was not mentioned in the FIR, but the same was introduced by
PW-6 Nand Lal in his statement. The prosecution had initially named Nihal
Singh and Pirthvi son of Boga Ram as the accused in the present case.
However, later on, Bansi Lal was an accused in the present case as his father’s
name was also Boga Ram. Even otherwise, there was sufficient evidence to
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show that Bansi Lal had no concern with the agricultural land and there was no
motive on his part to commit the crime. So, the conviction on the basis of the
fabricated and shettered statement of PW-6 Nand Lal was apparently
unsustainable.
7. We have considered the above submissions made by learned
counsel for the appellant and do not agree with the submissions. In fact, before
examining PW-6 Nand Lal, a child witness, the Trial Court had interviewed
with him and checked his competence to depose as a witness. Several questions
were put by the Trial Court to him and after findings his answers to be truthful
and rational, he was allowed to appear as a witness before the Trial Court.
Apart from that, he was a minor son of Bimla, since deceased and his presence
at the place of occurrence was quite natural.
8. Still further, the Evidence Act does not prescribe any particular age
as a determinative factor to brief such a witness as a competent witness. Section
118 of the Evidence Act provides that all the persons shall be competent to
testify, unless the Court consideres that there are prevented from understanding
the questions put to them or from giving rationale answeres to these questions,
because of tender years, extreme old age, disease- whether of mind or any other
cause of the same kind. If it is found that a child is mature enough to understand
questions and is able to answer rationally, he can always be allowed to a
witness in a trial. In Dattu Ramrao Sakhre Vs. State of Maharashtra, 1997(3)
RCR (Criminal) 227, the Hon’ble Supreme Court held as follows:-
"A child witness if found competent to depose to the
facts and reliable one such evidence could be the basis of
conviction. In other words even in the absence of oath the evidence
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of a child witness can be considered under Section 118 of the
Evidence Act provided that such witness is able to understand the
questions and able to give rational answers thereof. The evidence
of a child witness and credibility thereof would depend upon the
circumstances of each case. The only precaution which the court
should bear in mind while assessing the evidence of a child witness
is that the witness must be a reliable one and his/her demeanour
must be like any other competent witness and there is no likelihood
of being tutored."
9. We have also perused the testimony of PW-6 Nand Lal carefully
and from his cross-examination, it is apparent that his testimony could not be
shattered in any manner. Even, the defence could not show any material to
prove that he was not present at the place of occurrence and rather being the
inmate of the house, he was most natural witness to depose in the present case.
Further, from his testimony it is apparent that he had specifically stated that
Bansi Lal was carrying a pistol in his hand and had fired at his mother. He had
duly identified Bansi Lal at the place of occurrence as well as in the Court,
while appearing as a witness. He also stated that Bansi Lal was having a dispute
with his mother for the last one month. He used to work in the fields but he did
not visit their house from the last one month. Further, the pistol used by Bansi
Lal in the occurrence was recovered from Nihal Singh, co-accused and as per
the FSL report Ex.P-58, the countrymade pistol recovered from Nihal Singh
was used in the commission of crime.
10. Still further, it is also apparent from the evidence that from the very
beginning, Bansi Lal son of Boga Ram,appellant was mentioned as Prithvi
Singh son of Boga Ram in the FIR itself. Still further, PW-6 Nand Lal and PW-
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7 Het Ram had specifically named Bansi Lal, appellant as the main assailant. A
futile attempt was made by the defence to show that Prithvi son of Boga Ram
and Bansi Lal son of Boga Ram, appellant were two different persons by
examining DW-2 Ram Narain. However, in cross-examination DW-2 Ram
Narain clearly stated that he never made any statement to the police in the
present case and he was neighbour of Bansi Lal. Even, he did not know as to
whether Bansi Lal was running a shop of tailor on any name. Thus, Bansi Lal,
appellant could not even lead any evidence to show that Bansi Lal and Prithvi
Singh were two different persons. Rather, PW-6 Nand Lal and PW-7 Het Ram
had specifically deposed with regard to the participation of Bansi Lal,appellant
in the occurrence and both the witnesses had withstood the test of cross-
examination. Even, Het Ram was a natural witness as he used to come to meet
his nieces in the village Dhangar and Trial Court has carefully placed reliance
on his testimony.
11. In the present case also, the Trial Court had examined PW-6 Nand
Lal to take as to whether he was sufficiently intelligent and had understanding
the matter and thereafter, his testimony was recorded by the Trial Court. Even,
the Trial Court had closely observed the demeanour of such child witness,
during his examination before the Trial Court and at one stage, the child had
even fainted as his mother was brutally killed by Bansi Lal, accused/appellant
in his presence. However, we have carefully perused the testimony of PW-6
Nand Lal and found that the Trial Court had correctly placed reliance on his
deposition and we have no reasons to hold that the conclusions drawn by the
Trial Court were erroneous in any manner.
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12. Still further, we have carefully perused the judgment passed by the
Trial Court and find that the Trial Court has recorded detailed findings on every
aspect of the matter i.e. minor contradictions in the statements of various
witnesses, delay in sending the case property to FSL and detailed findings have
been recorded by the Trial Court in this regard. Even, it has been correctly held
that even if there was some minor delay in sending the case property to FSL, it
would not be affect prosecution as the victims of crime can never be made to
suffer on account of any negligence or dereliction of duty on the part of the
police officials. Apart from that, even it is apparent from the testimony of PW-8
Dr. Om Parkash that Bimla, since deceased had suffered a fire arm injury and in
his opinion, the cause of her death was shock and hemorrhage, as a result of fire
arm injury, which was ante mortem in nature and sufficient to cause death in
ordinary course of nature. Apart from that, the prosection had also examined
PW-15 Vijay Kumar, Inspector, who had initially reached at the spot and
conducted the initial investigation. Further, the prosecution had also placed
reliance on the statement of PW-13 Guria Ram, SI/SHO, who proceeded with
the investigation on 27.10.2001 onwards and arrested the accused in the present
case. He had also effected the recoveries from Nihal Singh. Even all these
witnesses were also cross-examined extensively by the learned defence counsel,
but nothing material could be illicited from them, which could shetter the case
of the prosecution in any manner.
13. As a consequence of above discussion, we find that the Trial Court
has correctly appreciated the evidence in the light of the settled law and there is
no illegality or impropriety in the impugned jugment, warranting interference
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by this Court.
14. Consequently, appeal fails being devoid of merits and is ordered to
be dismissed.
15. The appellant may be taken in custody forthwith, if not in custody,
to serve the remaining sentence.
CRR-1271-2004
1. By filing the present revision petition Nand Lal victim has prayed
for enhancement of sentence imposed on the Bansi Lal, accused and prayed that
the punishment of imprisonment for life may be converted into death sentence.
In fact, we have carefully perused the evidence as well as the facts in the
present case and there are no circumstances, which may justify the awarding of
extreme punishment of death sentence.
2. Thus, finding no merits, the present revision petition is also
ordered to be dismissed.
3. Pending application, if any, stands disposed off, accordingly.
4. Case property, if any, be dealt with, and destroyed after the expiry
of period of limitation for filing the appeal, in accordance with law.
5. The Trial Court record be sent back.
(N.S.SHEKHAWAT)
JUDGE
(SUKHVINDER KAUR)
JUDGE
28.10.2025
hitesh
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Legal Notes
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