CRA-D-447-DB-2004 (O&M) 

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRA-D-447-DB-2004 (O&M)

Date of Decision:  15.07.2025

SAHIB SINGH & OTHERS   .. Appellants

Versus

STATE OF PUNJAB         ...Respondent

CORAM:  HON’BLE MR. JUSTICE GURVINDER SINGH GILL

HON'BLE MR. JUSTICE  JASJIT SINGH BEDI

Present: Mr. S.S. Rana, Advocate

for the appellants.

Mr. Siddharth Attri, Asstt. A.G., Punjab.

****

JASJIT SINGH BEDI, J.

The present appeal has been filed against the judgment of

conviction and order of sentence dated 22/28.04.2004 passed by the Addl.

Sessions Judge, Exercising the Powers of Sessions Judge, Kapurthala.

2. The FIR was registered on 11.07.2002, the judgmen t of

conviction and order of sentence passed by the Addl. Sessions Judge,

Exercising the Powers of Sessions Judge, Kapurthala is dated 22/28.04.2004,

the appeal was filed on 07.05.2004 and the matter is being taken up for

hearing now i.e. after a period of 23 years from the date of registration of the

FIR.

3. Jatinder Singh S/o Chamel has passed away and therefore, the

proceedings qua him stand abated.

4. The brief facts of the case are that on 11.07.2002 at about 08.00

AM complainant Jaswant Lal S/o Fauja Singh had gone to his fields for the

purpose of irrigating the same. He found the dead body of an unknown

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person of the age about 40/45 years. The dead body was decomposed, to a

great extent, and was emitting a foul smell. There were injuries, on the

abdomen,chest, left and right arms and on the left side of the mouth and neck

of the dead body maggots were moving on the dead body. It appeared that

somebody had committed the murder of that unknown person. Jaswant Lal

went to Joginder Pal, Ex7President, and Nagar Panchayat, Bholath and

narrated to him what he saw in his fields. He alongwith Joginder Pal, started

for the police station, for lodging the report, when on the way, the police met

him. Jaswant Lal made a statement, Ex.PC, before Jaswinder Singh ASI,

Inspector/ SHO, P.S. Bholath, which was recorded by him. It was read over

and explained to Jaswant Lal, and after admitting the same to be correct, he

thumb marked it. Endorsement, Ex.PC/1, was appended thereon. The

statement was sent to police station, Bholath, on the basis whereof, FIR,

Ex.PC/2, was registered.

5. Thereafter, Tarlochan Singh, Inspector/SHO, P.S. Bholath,

alongwith Jaswant Lal, complainant, and other police officials went outside

the town of Bholath at the place of occurrence in the fields of paddy crop of

Jaswant Lal. The dead body was lying there. It was unidentified. Ex.PE, the

inquest report of the dead body was prepared. One piece of cloth of yellow

colour (Parna) and one Chappal of one foot were lifted from the spot and

taken into possession vide memo Ex.PF, attested by Nirmal Lal, MC, and

Sarabhjit Singh, ASI Ex.PCC, the site plan of the place occurrence, was

prepared, with correct marginal notes. The dead body was handed over by

HC Jagir Singh, HC for getting the postmortem conducted vide request, Ex.

PA. The photographs of the dead body, were taken. The persons were joined

in the investigation for the purpose of identification of the dead body but the

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same could not be identified. After the postmortem examination, HC Jagir

Singh, produced the clothes of the dead body, before Tarlochan Singh,

Inspector/SHO, P.S.Bholath, i.e. shirt, trouser (Pajama) and underwear, which

were converted into a parcel, sealed with the seal bearing impression TS. The

parcel was taken into possession vide memo, Ex.PO, attested by Sarabjit

Singh, ASI, and Jagir Singh, Head Constable.

6. On 12.7.2002 Rajwinder Singh, Mulkha Singh and Tarlok Singh,

residents of village Leel Khurd came to the Police Station when Tarlochan

Singh, Inspector/SHO, P.S. Bholath was present there. After obtaining the

parcel containing the clothes from the Moharrir Head Constable, the same,

photographs, piece of cloth (Parna) and one chappal of left foot were shown

to them. Rajwinder Singh son of Bhajan Singh deceased Mulkha Singh and

Tarlok Singh identified the clothes, a piece of cloth (Parna) and chappal, as

that of Bhajan Singh deceased. The photographs were also identified as that

of Bhajan Singh, deceased. Identification memo, Ex.PD, was prepared, which

was attested by Rajwinder Singh, Mulkha Singh and Tarlok Singh.

Thereafter, the clothes were again sealed into a parcel, with the seal, bearing

impression TS and handed over to the Moharrir Head Constable.

7. The statement of Rajwinder Singh, was recorded, who stated that

he was studying in 9

th

standard, in Shri Harkishan Public School, Batala his

father Bhajan Singh S/o Pal Singh @ Santa Singh, Jat resident of village Leel

Khurd, was serving as a Constable in Punjab Armed Police (PAP) and had

been posted the last 20/25 years serving as a Horse7rider, in the Excise Staff,

Bholath. On account of this reason, Bhajan Singh had developed illicit

relations with Surinder Kaur wife of Jhumel Singh, Jat resident of Bholath.

During his service, Bhajan Singh rarely come to his village Leel Khurd. Most

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of the time he used to reside with Surinder Kaur aforesaid. It was further

stated by him that in the year 1998, his mother Kashmir Kaur, actual wife of

Bhajan Singh had died. After her death, Bhajan Singh almost stopped coming

to village Leel Khurd. It was further stated by him, that about three months

ago Bhajan Singh had retired from the police service. After his retirement, he

had started permanently residing in the house of Surinder Kaur, at Bholath.

On 2.6.2002, two officials were sent by the Commandant, PAP

to the house of Rajwinder Singh to inform him that his father Bhajan Singh,

had retired as constable from PAP. They further told him that Bhajan Singh

was to be identified. He alongwith his mother's sister on the same day,

accompanied the police officials to 80 Battalion PAP Lines, Jalandhar, where

MHC of the said Battalion met them. The MHC told him (Rajwinder Singh)

and his mother's sister Randhir Kaur that Bhajan Singh was to come to the

office of 80 Battalion, PAP Lines, Jalandhar on 03.06.2002. On 03.06.2002,

Rajwinder Singh alongwith Randhir Kaur, aforesaid came to the office of 80

Battalion, PAP Lines, Jalandhar. They were produced before the commandant

of the Battalion, by the MHC. The commandant was told by him (Rajwinder

Singh) that his mother Kashmir Kaur had died in the year, 1990 and his

father Bhajan Singh, was serving as a Constable in 80 Battalion, PAP. He

further told him that neither was he visiting his village Leel Khurd, nor

paying him the money and was residing with Surinder Kaur at Bholath. The

Commandant, told him that Bhajan Singh and a lady alongwith him, were

disbursed a sum of Rs.77,000/7 on 02.06.2002. An application was moved by

him (Rajwinder Singh) before the Commandant and thereafter, he alongwith

Randhir Kaur, came back.

On 5.6.2002, he went to the house of Surinder Kaur at Bholath

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for taking back his father Bhajan Singh but he refused to do so. Therefore, he

(Rajwinder Singh) came back to his village Leel Khurd. On 9.7.2002 at about

12 p.m. (noon), he (Rajwinder Singh) went to meet his father Bhajan Singh at

the house of Surinder Kaur, aforesaid at Bholath. Bhajan Singh met him and

he requested him (Bhajan Singh) to accompany him, to village Leel Khurd.

He (Rajwinder Singh) also demanded money from his father, Bhajan Singh,

for the purpose of purchase of a motor cycle. Bhajan Singh demanded money

from Surinder Kaur but she refused to pay the same. He then made inquiry

from Sahib Singh alias Sonu and Jatinder Singh alias Bhondu sons of

Surinder Kaur about the money, who told him that a sum of about

Rs.25,000/7 of Bhajan Singh, was lying with Surinder Kaur. Again Bhajan

Singh demanded money from Surinder Kaur and her sons. Instead of paying

the money, they started quarreling with him. They also refused to pay the

money.

At about 8 p.m. on 9.7.2002, he (Rajwinder Singh) alongwith his

father Bhajan Singh, went towards the cremation ground for answering the

call of nature. At about 8.30 p.m. He (Rajwinder Singh) and his father Bhajan

Singh were sitting near the tubewell motor, when Sahib Singh alias Sonu

armed with Kirpan, Jatinder Singh alias Bhondu armed with Gandasi, their

servant Prabhu, armed with Datar, and Pardeep Kumar alias, Minni, their

relation, armed with iron rod, who were known to him (Rajwinder Singh),

earlier came towards them. The moment, they came, they caught hold of

Bhajan Singh, he (Rajwinder Singh), taking the benefit of darkness, ran away

from the spot towards Nadala. They chased him with a view to apprehend

him but could not succeed. After reaching Nadala he boarded a tempo

carrying vegetables and he went to Subhanpur, wherefrom, he went to his

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village Leel Khurd. On 10.07.2002. He being frightened, did not disclose this

incident to any body.

On 12.7.2002, he read in the newspaper that on 11.7.2002 a dead

body of an unidentified person was found lying, in the fields of Samittar

Kaur resident of Bholath. After reading that news, he alongwith Mulkha

Singh son of Darshan Singh and Tarlok Singh son of Bawa Singh, residents

of village Leel Khurd, P.S.Rangarh Nangal, Gurdaspur came to P.S.Bholath.

8. On 15.7.2002, Gurdip Singh, Ex7Sarpanch, Model Town village,

came to P.S. Bholath. His statement was recorded, with regard to the extra

judicial confession. On 14.7.2002, Tarlochan Singh, Inspector/SHO, P.S.

Bholath, was present in the Police Station, when Gurdip Singh, Ex7Sarpanch,

produced Sahib Singh, Jatinder Singh, Prabhu and Pardeep Kumar, accused.

They were arrested, vide memos, Ex. PDD, Ex.PDD/1 Ex.PDD/2 and

Ex.PDD/3.

9. Thereafter, Sahib Singh, accused, led the police party to the pre7

disclosed place, and got recovered a Kirpan. Rough sketch Ex.PX/1 of the

same, was prepared. The kirpan was converted into a parcel, which was

sealed with the seal, bearing impression TS and was taken into possession

vide memo, Ex.PX. The sketch and the memo were attested by Mohinder

Singh and Sarabjit Singh, ASI.

10. Thereafter, Jatinder Singh accused led the police party to the

pre7disclosed place, and got recovered a small axe (Gandasi). Rough sketch,

PX7PY/1, of the same, was prepared. The small axe was converted into a

parcel, which was sealed with the seal TS, and taken into possession vide

memo, Ex.PY/1. The sketch and the memo, were attested by the aforesaid

witnesses.

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11. Thereafter, Prabhu accused led the police party to the pre7

disclosed place, and got recovered one Datar, stained with blood, the sketch

whereof, Ex.PZ/1, was prepared. The Datar was converted into a parcel,

which was sealed with the seal bearing impression TS and taken into

possession, vide memo Ex. PZ. The sketch and the memo, were attested by

the aforesaid witnesses. The Kirpan is Ex.P16 Gandassi, is Ex.P17 and Datar

is Ex.P18. One site plan, Ex.PEE, with regard to the place of recoveries of

weapons of Sahib Singh and Jatinder Singh, was prepared, whereas Ex.PFF,

site plan of the place of recovery of weapon of Prabhu accused was prepared.

12. The statements of the witnesses, were recorded at various stages

of the investigation. The case property was also deposited with the MHC, at

various stages of the investigation. After the completion of investigation, the

accused were challaned.

13. On commitment to the court of Sessions, it was found that

Pardeep Kumar, was a juvenile in conflict with law. His case was separated

and sent to the juvenile court, for inquiry.

14. Charge under Section 1207B IPC against Sahib Singh, Prabhu,

Surinder Kaur and Jatinder Singh, under section 302 read with section 34

IPC against Sahib Singh, Jatinder Singh and Prabhu and under Section 419

IPC against Surinder Kaur accused were framed vide order dated 27.8.2003.

It was read over and explained to the accused. They pleaded not guilty to the

charge and claimed trial.

15. The prosecution, in support of its case, examined as many as 18

witnesses. The gist of the prosecution evidence is as under:7

Dr. Narinder Singh, PW1 Medical Officer, Civil Hospital,

Kapurthala alongwith other doctors, on 11.7.2002, constituted a Board and at

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4.50 p.m. conducted post7mortem examination, on the dead body of an

unknown person brought by HC Jagir Singh and Charan Dass of Police

Station, Bholath, alongwith request Ex.РА. It was a putrefied foul smelling

dead body of moderately built male, about 45 years of age, wearing almond

coloured full sleeves kurta, pajama and blue coloured kachha. Eyes were

bulging out, and partially putrefied and partially eaten away by maggots, face

was swollen and deformed and scalp hair partially grey easily pluckable.

There was peeling of skin at hands, feet and at places on other parts of the

body. Rigor mortis was absent in all the four limbs. He found the following

injuries on the dead body:7

i) A wound with clean cut regular margins measuring 2-1/2

cm x 1/2 cm x  muscle deep, 2 cm lower to left ear lobule.

2) An other wound with clean cut regular margin on left side

of neck measuring 2 cm x 1/2 cm x muscle deep, 1 cm lower to

injury No.1.

3) Another wound 2 ½ cm x 1/2 cm x muscle deep, on left side

of the neck with clean cut regular margin, 4.0 cm lower to

injury no.1.

4) A wound with clean cut regular margin measuring 3-1/2

cm x 3/4 on right side lower chest. 

5) A wound with clean cut regular margin, measuring 4 cm x

3/4 cm over upper part of abdomen, 2cm right to midline.

6) A wound with clean cut regular margin, measuring 3 cm x

½ cm just below injury no.5.

7) Another wound measuring 4-1/2 cm x 1-1/2  cm with clean

cut   regular   margin   through   which   loops   of   gut   were

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protruding out on right side of abdomen.

8) A wound with clean cut regular margin on left side of

abdomen, measuring 3 cm x 1 cm, 3.5 cm to the left and below

injury no.6.

9) A wound with clean cut regular margins on left side of the

abdomen at the level of umbilicus..

10) Peeling of whole thickness of skin 10cm 4cm around

umbilicus was present.

11)  Wound, with  clean cut  regular  margin over  anterior

aspect of middle of left thigh.

12) Wound with clean cut regular margin over outer aspect of

left thing below and lateral to injury no.11.

13) Wound with clean-cut regular margin over inner aspect of

lower part of left thing measuring 2 ½ cm x 1½ cm x muscle

deep.

14)   Wound   with   regular   clean   cut   regular   margin   over,

posterior aspect of lower part of right thing, measuring 3cm x

3/4 cm x muscle deep.

15A) Wound with regular clean cut margin over outer aspect

of left fore-arm measuring 2-1/2 cm x 1/2 cm x muscle deep.

15B) Two wounds each measuring 2-1/2 cm x 3/4 cm at a

distance of 1 cm on left side of abdomen. 

In the opinion of the Board, the cause of death, in this case, was

haemorrhage and shock due to injuries no.3 to 6, which were sufficient to

cause death, in the ordinary course of nature. All the injuries were ante7

mortem, in nature. All the injuries, except injury no.10, on the dead body,

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could be caused by sharp edged weapon. The probable time that lapsed

between the injuries, and death, was within a few minutes, and between the

death and post mortem, was about 36 to 72 hours.

Rajwinder Singh, PW3, is the son of Bhajan Singh, deceased. He

made a statement in line with the one made by him under Section 161 Cr.P.C.

He also stated that accused Sahib Singh alias Sonu, armed with Kirpan,

Jatinder Singh alias Bhondu, armed with Gandasi, Prabhu, armed with Datar

and Pardeep Kumar (Juvenile) started causing injuries on the person of his

father. In cross examination he stated that he had been brought up by his

uncle Gurmej Singh with whom he was residing. The house of his other

uncles were 3 or 4 houses away from the house of Gurmej Singh. His Village

of Leel Khurd had about 400 inhabitants and one Gurdip Singh was the

Sarpanch of the Village. While he remained at the house of Surinder Kaur

none of the accused had misbehaved with him or had threatened to cause him

injuries. The Police Station of Bholath was at a distance of about 1 kanal

from the cremation ground. He clarified that the place where they were

sitting was at a distance of 1 km from P.S. Bholath. He had not gone to P.S.

Bholath to report about the occurrence at night. He had run away at about

8.45 PM. He was afraid of the accused and therefore, did not disclose about

the occurrence to anyone. He did not talk to his uncle Gurmej Singh about

the occurrence and nor did Gurmej Singh talk to him about village Bholath.

On 10.07.2002 and 11.07.2002 he did not speak to the Sarpanch, Panch or

Lambordar of Leel Khurd or to any relation regarding the occurrence. He was

feeling upset on account of the fact that a sum of Rs.70,000/7 pensionary

benefits received by his father Bhajan Singh had been retained by the

accused. He had read the news in Jagbani on 12.07.2002 regarding the death

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of his father and saw the photographs of his father therein. When he went to

the police station on 12.07.2002, he did not take his uncle along with him.

Gurmej Singh PW4 is the brother of the deceased. He was also

living in village Leel Khurd. On 9.7.2002, he came to Bholath, to enquire

about Bhajan Singh and Rajwinder Singh, who had gone to meet him

(Bhajan Singh). He was told by Surinder Kaur that they had come to her

house but had left. He stated that when he started back for his village and

reached near the cremation ground of Bholath, Sonu Bhondu, one Bhayla and

Prabhu, accused, came there. All four of them had bloodstained weapons in

their hands, namely Kirpan, Datar iron rod and Gandasi. He stated that on

seeing them we went to his village. The light of the motorcyle was on at that

time. In cross7examination he stated that he had been bringing up Rajwinder

Singh for the last 10715 years. He had started from village Leel Khurd for

going to Bholath to inquire about Rajwinder Singh at about 06.00 PM on that

day. He had reached Bholath at about 9.40 PM and when he went to the

house of Surinder Kaur and asked her as to whether Rajwinder Singh and

Bhajan Singh had come there, she stated that they had come to her house and

had gone back to village Leel Khurd. He started back from village Leel

Khurd at about 10.30 PM from Bholath. He reached back at Leel Khurd at

about 12.30 AM. Rajwinder Singh had met him on the following day at about

08.00/08.30 AM but did not disclose anything about the occurrence. He did

not go to Bholath on the following day to find out as to how the accused were

carrying weapons stained with blood on the previous night. He did not tell

anyone in village Leel about the accused having been seen by him armed

with weapons stained with blood.

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Nirmal Singh PW5, signed the inquest report Ex.PE, Balraj

Singh, ASI, PW6, brought the Acquaintance Roll of Bhajan Singh. He stated

that the leave salary, to the extent of Rs.77,840/7 was paid to Bhajan Singh,

deceased. He proved, Ex.PH, attested to be true photocopy the Acquaintance

roll. Jarnail Singh, SI, Cashier, 80 Battalion, PAP Lines, Jalandhar, PW7,

brought the original Acquaintance Roll. He deposed that he used to disburse

the amount of the officials of 80 Battalion, PAP Lines, Jalandhar. He further

stated that a sum of Rs.77,840/7 was disbursed to Bhajan Singh, on

02.07.2002, and his signatures were obtained against the same. Onkar Singh,

character Roll Clerk, PW8, was dealing with the service record of the

officials in 80 Battalion, PAP Lines, Jalandhar. He brought the service record

of Bhajan Singh, constable. He further stated that Bhajan Singh, retired on

31.5.2002. He proved Ex.PJ, attested to be true photocopy of the order of his

retirement. He also brought, Ex.PK, attested to be true photocopy of the

sanction, regarding leave encashment of Bhajan Singh. He further stated that

the amount or leave encashment, was Rs.77,840/7. Bhajan Singh had

submitted the list of his family members. He also brought the original

application of Bhajan Singh and proved, Ex.PL, attested to be true copy

thereof. He also brought the pension case file of Bhajan Singh. He proved

Ex.PM, attested to be true photocopy of pension papers of Bhajan Singh. He

also brought the joint photograph of Bhajan Singh and his wife, which was

submitted by Bhajan Singh, alongwith the pension papers.

Jagir Singh, HC, PW9 was handed over the dead body of an

unknown person, and he got the post mortem examination conducted

thereon. He also produced the shirt, Ex.P1, trouser (pajama) Ex.P2 and

underwear, Ex.P3, of the deceased which were handed over to him, by the

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doctor, before Tarlochan Singh, Inspector/SHO, P.S. Bholath. Balbir Singh,

constable PW10 delivered the special report, Ex.PQ. Vijay Anand, PW11,

prepared the scaled map, Ex.PR. Bhajan Singh, constable PW12, was handed

over the parcels containing Gandasi, Kirpan and Datar duly sealed and he

took the same to the laboratory for deposit and deposited the same. Sanjiv

Kumar, PW13, took the photographs and proved Ex.P11 to Ex.P15 and the

negatives, thereof, Ex.P6 to Ex.P10.

HC Sukhwinder Singh PW14 stated that Tarlochan Singh,

Inspector, deposited with him, one parcel, containing parna and chappal and

he deposited the same in the Malkhana. He further stated that on 12.7.2002,

one parcel, containing the clothes of the deceased was produced before him

by Tarlochan Singh, Inspector, which was duly sealed and he deposited the

same in the Malkhana. He further stated that on 14.7.2002, one parcel,

containing Kirpan, duly sealed one parcel, containing Gandasi, duly sealed,

one parcel, containing Datar, duly sealed and one parcel containing one iron

rod (saria), alongwith specimen impressions of the seal were presented

before him, and he deposited the same in the Malkhana. He stated that the

parcel of Kirpan, Datar and Gandasi were handed over to Bhajan Singh

constable, on 30.7.2002, for depositing the same, in the forensic science

Laboratory, Chandigarh with seals intact. He further stated that on 12.7.2002,

son of Bhajan Singh, deceased, came to the Police Station alone for the

purpose of identification of the clothes, and he handed over the parcel,

containing Chappal and Parna, to the SHO. Pritam Singh, SI, PW15, arrested

Surinder Kaur, accused, on 9.9.2002, vide memo Ex.PT.

22. ASI Sarabjit Singh PW16 joined Tarlochan Singh Inspector/

SHO P.S. Bholath, during the course of investigation. He proved various

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memos. PW177Jaswinder Singh, ASI recorded the FIR, Ex.PC/2. He also

proved, Ex. PQ, the special report. PW187Tarlochan Singh, Inspector, the

then SHO, P.S.Bholath, the Investigating officer, in this case, proved various

memos. The broad features of his testimony already stand noticed while

summoning up the facts of the case and need not be reiterated.

16. Thereafter, the PP tendered into evidence, Ex. PGG, report of the

Forensic Science Laboratory. He also gave up Dr. H.L.Mehmi, Tarlok Singh,

Mulkha Singh, Gurvinder Singh, Constable Mohan Singh, SI, Balwant Singh,

constable and Mohinder Singh PWs as unnecessary whereas Ramesh Kumar

and Darbari Lal, PWs as having been won over by the accused. He gave up

Gurdip Singh, PW as having died and closed the prosecution evidence.

17. The statement of the accused were recorded under section 313

Cr.P.C. They were put all the incriminating circumstances appearing against

them in the prosecution evidence. They pleaded false implication. It was

admitted by Sahib Singh, accused that Rajwinder Singh was the son of

Bhajan Singh deceased. It was also admitted by him that Surinder Kaur,

accused, is his mother, whereas, Jatinder Singh, is his brother, while Prabhu

was their servant, whereas, Pardeep Kumar (Juvenile) was related to Surinder

Kaur. It was further stated by Sahib Singh, accused, in his statement under

section 313 Cr.P.C. that he alongwith his mother, brother, relation and servant

were implicated in this case at the instance of Rajwinder Singh and Gurmej

Singh, Prosecution witnesses. It was stated that Rajwinder Singh and Gurmej

Singh, bore ill will and grudge against Bhajan Singh, deceased due to the

fact, that he was staying at village Bholath, against their will and they had

also suspicion that Bhajan Singh deceased had paid the entire pensionary

benefits, to Surinder Kaur, his mother. It was further stated by him that due to

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that ill will and grudge, Rajwinder Singh, and Gurmej Singh conspired to

eliminate Bhajan Singh and with the active connivance of the local police, he

alongwith his co7accused had been falsely implicated, in this case.

18. Jatinder Singh, accused, in his statement under Section 313

Cr.P.C. took up the same pleas, as were taken up by Sahib Singh, accused, in

his statement, under section 313 Cr.P.C.

19. Prabhu, accused, admitted in his statement under Section 313

Cr.P.C. that he was a servant of Surinder Kaur, co7accused at the relevant

time. He also stated he was falsely implicated in this case.

20. Surinder Kaur, accused also took up the same pleas in her

statement as were taken up by Sahib Singh accused in his statement under of

section 313 Cr.P.C.

21. Based on the evidence led, while Surinder Kaur was acquitted of

the charges framed against her, the appellants came to be convicted and

sentenced by the Court of Addl. Sessions Judge, Exercising the Powers of

Sessions Judge, Kapurthala vide judgment and order of sentence dated

30.01.2004 as under:7

Convicts Offence

under

Section

Sentence

RI/SI

Fine RI/SI   in

default   of

payment   of

fine

Sahib Singh 302 IPC

r/w 34 IPC

Imprisonment

for life

Rs.2000/7 RI for 01

month

Prabhu 302 IPC

r/w 34 IPC

Imprisonment

for life

Rs.2000/7 RI for 01

month

Jatinder 302 IPC

r/w 34 IPC

Imprisonment

for life

Rs.2000/7 RI for 01

month

22. It is the aforementioned judgment, which is under challenge, in

the present appeal.

23. The learned counsel for the appellants contends that the

judgment of conviction cannot be sustained. The occurrence purportedly took

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place on the night of 09.07.2002. The FIR came to be registered when one

Jaswant Lal PW2 discovered the body on 11.07.2002. It was only thereafter

that the statement of Rajwinder Singh PW3, the son of the complainant was

recorded under Section 161 Cr.P.C. on 12.07.2002 wherein he claimed

himself to be a witness of the occurrence in which the accused persons

assaulted his deceased father. The statement of Gurmej Singh (PW4) the

brother of the deceased and uncle of PW37Rajwinder Singh was recorded

under Section 161 CPC. In the said statement recorded during the course of

investigation, he narrated the fact that he had seen the accused on the night of

the occurrence with bloodstained weapons.

24. While elaborating his arguments, he contends that as regards

Rajwinder Singh PW3, his version that the accused persons assaulted his

father in his presence at about 08.3078.45 PM on 09.07.2002 cannot be

believed. He chose not to interfere or raise a noise to approach the

Investigating Agency or inform his uncle Gurmej Singh with whom he was

admittedly residing after his father had started residing with Surinder Kaur.

The said conduct of the son of the deceased is unnatural and belies his

presence at the spot. As regards PW47Gurmej Singh, it is contended that his

statement of having seen the accused armed with bloodstained weapons and

thereafter not making an attempt to find out the whereabouts of his brother

till the registration of the FIR makes his conduct unnatural and version

doubtful.

25. He therefore, contends that the impugned judgment was liable to

be set aside and the accused/appellants be acquitted of the charges framed

against them.

26. On the other hand, the learned State counsel contends that PW37

Rajwinder Singh, the son of the deceased was a young boy of the age of 18

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years got scared and fled away from the spot. On account of this fear he did

not disclose the factum of the accused persons assaulting the deceased until

the FIR came to be registered. In fact, the medical evidence is totally in

consonance with the ocular account. The recovery of one bloodstained

Kirpan came to be effected from the possession of Sahab Singh alias Sonu

vide recovery memo Ex.PX, recovery of one bloodstained Gandasi came to

be effected from the possession of Jatinder Singh alias Bhondu vide recovery

memo Ex.PY and recovery of bloodstained dattar came to be effected from

the possession of Prabhu vide recovery memo Ex.PZ. He, therefore, contends

that no fault could be found with the well7reasoned judgment of conviction

passed by the Trial Court and the present appeal was liable to be dismissed.

27. We have heard the learned counsel for the parties and gone

through the record.

28. As per the case of the prosecution, PW27Jaswant Lal discovered

the body of an unknown person on 11.07.2002. Thereafter, the statement of

PW37Rajwinder Singh was recorded on 12.07.2002 with the allegations that

on 09.07.2002 he was accompanying his father when he was assaulted by the

deceased. Similarly, the statement of PW47Gurmej Singh, the brother of the

deceased was recorded to the effect that he had seen the accused persons

armed with bloodstained weapons on the night of the occurrence.

29. The version of Rajwinder Singh PW3 cannot be accepted to be

correct. Undoubtedly, he is of the age of 18 years and the son of the

deceased. If he had been accompanying the deceased on 09.07.2002 when he

was assaulted then, even if he had chosen not to interfere while his father was

being assaulted on account of fear, nothing prevented him from later

informing his uncle Gurmej Singh with whom he was residing, other

respectables or the police on the night of the occurrence or the very next

CRA-D-447-DB-2004 (O&M) 

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morning that his father had been assaulted by the accused. His statement to

the effect that he came to know that a body had been discovered on

11.07.2002 and it was only then that he approached the police shows the

most unnatural conduct on the part of a son of a deceased which belies his

presence at the place of occurrence witnessing the same. Therefore, his

statement cannot be believed.

30. As regards PW4 Gurmej Singh, he is the real brother of the

deceased. PW37Rajwinder Singh was residing with him for the last 10715

years. As per his case, he had come to Bholath to look for Rajwinder Singh.

When he saw near the cremation ground of Bholath the accused persons

carrying bloodstained weapons, he returned back to his village. Strangely,

neither did he inform PW37Rajwinder Singh about what he had seen nor did

he ask Rajwinder Singh PW3, where he had been on the night of 09.07.2002

specially when it is his case that he had gone to look for him (Rajwinder

Singh). Further, this witness did not attempt to inform the police or any

respectable about what he had seen. He did not even make an attempt to find

out about his brother deceased Bhajan Singh. Therefore, his conduct is also

most unnatural and makes his presence at Bholath seeing the accused highly

doubtful.

31. As regards the recovery of a bloodstained Kirpan from Sahib

Singh, a bloodstained Gandasi from Jatinder Singh @ Bhondu and

bloodstained dattar from Prabhu, once the eye7version account is disbelieved,

mere recovery of weapons would not further the case of the prosecution as

has been held in the case of State of Madhya Pradesh Versus Kriparan,

2005 SCC (Cri) 830 and Suryavir Versus State of Haryana, 2022(1) RCR

(Criminal) 866.

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32. In view of the aforementioned discussion, we find considerable

merit in the present appeal. The same is accepted. The impugned judgment

dated 22/28.04.2004 passed by the Addl. Sessions Judge, Exercising the

Powers of Sessions Judge, Kapurthala is set aside and the accused/appellants

are acquitted of the charges framed against them.

(JASJIT SINGH BEDI)          (GURVINDER SINGH GILL)

JUDGE JUDGE

15.07.2025

JITESH  Whether speaking/reasoned:-  Yes/No

Whether reportable:-          Yes/No