CRA-D No. 22 of 2019 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRA-D No. 22 of 2019 (O&M)

Reserved on : 27.10.2025

Pronounced on : 20.11.2025

Sanjay alias Kala …..Appellant

versus

State of Haryana …..Respondent

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

HON'BLE MRS. JUSTICE RAMESH KUMARI

Present : Mr. Amandeep Singh Manaise, Legal Aid Counsel

for the appellant.

Mr. Munish Sharma, Deputy Advocate General, Harya na.

****

RAMESH KUMARI, J.

This appeal is filed by the appellant, namely, Sanjay alias Kala

(hereinafter referred to as ‘accused’) against the impugned judgment of

conviction dated 13.10.2018 and order of sentence dated 15.10.2018 rendered

by learned Sessions Judge, Rewari arising out of FIR No. 240 dated

23.10.2017 under Section 302 of the Indian Penal Code registered at Police

Station Bawal, District Rewari, for committing murder of his mother, namely,

Hasti, on 23.02.2017 at about 2.00 P.M. in the area Jatwara Mohalla, Bawal,

Police Station Bawal. The accused was awarded the following sentence:-

Offence under

Section

Imprisonment

awarded

Fine imposed In default of

payment of fine

to undergo

imprisonment for

302 IPC Life imprisonment Rs.25,000/- Five years.

Fine not paid.

CRA-D No. 22 of 2019 (O&M) 2

2. The prosecution story against the accused is that on 23.02.2017,

on receipt of a medico legal report Ex.PA and ruqqa Ex.PB from PW1

Dr. Pankaj Yadav, posted at CHC Bawal, regarding the injuries sustained by

Hasti, since deceased, resident of village Bawal, in some altercation, the police

party headed by PW10 SI/SHO Vijender Kumar alongwith other police

officials reached CHC Bawal. PW2 Chander-complainant, met him and moved

an application Ex. PD by submitting to the following effect:-

“I am resident of above address. We are three

brothers. I am eldest, second is Suresh and youngest is Sanjay

alias Kala. I am unmarried. Kala and Suresh are married. Suresh

lives separately along with his family, Kala, my mother Hasti

aged around 80 yrs. All of them live together in the house at tube

well on Rampur Road. Kala has two sons who are around 7 & 10

years. Kala's wife Sonia had left the house about 8 years ago who

has not returned till yet. Kala's children live with me. Kala is

addicted to liquor. Kala had got transferred the land of my share

in his favor about 1-1 ½ years ago in garb of pension. He has sold

his entire land. 3 kanal land of my share was left with Kala which

was re-transferred in my name on 25.8.2017 by intervention of

relatives. On this issue, Kala used to scuffle under influence of

liquor. He was also kept confined in Police Station about 2

months ago. Today, at about 2-3 p.m., I, Kala, Kala's children

and my mother were at our home when Kala again began to

scuffle after consuming liquor and began to beat me and my

mother with baton wherein I came out of the house along with

both the children of Kala due to fear I saw that Kala was beating

my mother with baton. Kala brought the mother out of home by

dragging her. In the meantime, on seeing it, Shakuntla W/o

Rajinder caste Bawaria R/o Seelgaon PS Kotkasim presently R/o

Holi Chota Mohalla Bawal, who was working in nearby fields,

informed Subhash S/o Lal Chand caste Jat, Mohala Hasanpura

Bawal on telephone wherein Subhash came to the well along with

his wife. Then we took care of the mother. She had injuries on her

CRA-D No. 22 of 2019 (O&M) 3

head, arms, waist etc. and blood was oozing. We called Vijay

Singh S/o Makhan Lal caste Jat R/o Jatwara Bawal on phone who

came on tractor and we took my mother to GH Bawal in tractor

trolley where the doctor gave first aid and issued MLR and began

to transfuse glucose. After sometime, I saw that the body of my

mother was cold and the doctor again checked my mother and

told that she is dead. My mother has died due to injuries inflicted

by Sanjay Kala, stern action be taken against him. Now I have

presented the complaint before you.”

2(b) On the above said application Ex.PD, PW10 SI/SHO Vijender

Kumar conducted proceedings and sent PW16 Constable Rajinder for

registration of FIR which was registered by PW7 ESI Jaswant Singh vide Ex.

PN and he also made endorsement on police proceedings conducted by PW10

SI/SHO Vijender Kumar.

2(c) PW10 SI/SHO Vijender Kumar took photographs Ex.P1 to Ex.P3

of the dead body and prepared inquest report Ex.PG and on the basis of

application Ex.PK the post mortem on the dead body of Hasti was got

conducted by Board of Doctors, also consisting of PW6 Dr. Jitender Kumar,

Medical Officer, Community Health Centre, Bawal.

2(d) On 24.10.2017, PW10 SI/SHO Vijender Kumar went to the spot

and took photographs Ex.P4 and P5 of the place of occurence, lifted the blood

stained earth and put it in the plastic container and sealed with the seal VK and

took into possession vide memo Ex.PQ. He also prepared rough site plan

Ex.PQ of the place of occurrence. After post mortem of deceased Hasti, parcel

containing clothes of deceased was taken into possession vide memo Ex.PR

and dead body was handed over to PW2-Ajay and PW3-Chander vide memo

Ex.PH. He also recorded the statements of witnesses during the course of

investigation.

CRA-D No. 22 of 2019 (O&M) 4

2(e) On 24.10.2017, SI/SHO PW1- Vijender Kumar also arrested the

accused from his tube well and when interrogated he suffered disclosure

statement Ex.PS and got recovered one wooden stick Ex.MO-3 from the

disclosed place. Its sketch Ex.PT was prepared and taken into possession vide

Ex.PT/1. The place of occurrence was also got demarcated vide memo Ex.PU.

The case property was deposited with MHC.

2(f) PW14 SI Ajit Singh during the course of investigation obtained

the call detail records of mobile phones of the witnesses by way of moving

applications Ex.PZ and Ex.PAA. He also obtained the record of sale deeds

Ex.PE, Ex.PY and Ex.PF by moving application Ex.PX.

2(g) Case property was deposited with MHC and FSL reports were

received.

3. After completion of investigation, challan was presented against

the accused before the Court of learned Illaqa Magistrate for commission of

offence punishable under Section 302 of the Indian Penal Code. Learned Illaqa

Magistrate complied with the provisions of Section 207 Cr.P.C. and vide order

dated 22.01.2018 committed the case to the Court of learned Sessions Judge as

the offence committed by the accused was exclusively triable by the Court of

Sessions.

4. Finding a prima-facie case punishable under Section 302 of the

Indian Penal Code, accused was charged vide order dated 25.01.2018, to

which accused pleaded not guilty and claimed trial.

5. In order to prove its case, the prosecution examined total 19

witnesses. Five witnesses were given up by the prosecution. Statements of 19

witnesses recorded during trial can be discussed under the following heads:-

CRA-D No. 22 of 2019 (O&M) 5

A) COMPLAINANT AND EYE WITNESSES ACCOUNT:-

i) As observed earlier, PW2 Chander moved a complaint Ex.PD to

PW10 SI/SHO Vijender Kumar and he in his statement narrated the

occurrence as well as proved complaint Ex.PD. He also proved transfer deed

executed in favour of accused Sanjay as Ex.PE and another transfer deed

executed in his favour by accused Sanjay as Ex.PF.

ii) PW5 Shakuntla stated that she is an agriculturist and had taken

land on rent from one Smt. Phulli, resident of village Bawal and that

agricultural land of accused is near the land taken by her on rent. There is one

killa (of land) in between her land and the field of accused Sanjay. Accused

Sanjay used to reside at his house situated in the fields. As per the testimony of

PW5 Shakuntla, on 23.10.2017 at about 2.00 P.M. when she was present in her

field, she saw that accused had dragged her mother Hasti Devi out of his

house, on the path and was causing injury to her with a wooden stick and she

immediately informed one Subhash through her mobile phone about the

incident. After some time, Subhash alongwith his wife came there and Vijay

took Hasti Devi, mother of accused, in a tractor trolley to CHC Bawal for

treatment and during treatment, she died in the hospital. PW5 Shakuntla also

stated that due to fear she did not rush to the spot to save the deceased at the

time of assault.

iii) PW4 Subhash is the cousin brother of accused Sanjay and he in

his testimony has also stated that accused was addicted to drinking and about

one and half year back, accused had got transferred land of his brother

Chander in his name and he had also sold some land out of that land. On

25.08.2017, with the intervention of the relatives, three kanals land was re-

transferred in the name of Chander from accused Sanjay but he was not happy

CRA-D No. 22 of 2019 (O&M) 6

and wanted to sell the land but his brother and mother were not allowing him

to do so.

PW4 Subhash also deposed about receipt of call on his mobile

Phone No. 9466225952 from Shakuntla wife of Rajender through her mobile

phone to the effect that accused is assaulting his mother and thereafter, he

alongwith his wife went to the house of accused and found that Hasti Devi

mother of accused was lying injured on the path near to the house and accused

was also there in drunken condition. He called Vijay through mobile phone to

reach at the spot with tractor trolley for shifting Hasti Devi to Hospital and

when PW8 Vijay came, they put Hasti Devi in the tractor trolley and shifted

her to CHC, Bawal where she died during treatment.

(B) INVESTIGATIVE EVIDENCE:-

(i) While discussing the prosecution story, it has already been

observed that PW10 SI/SHO Vijender Kumar conducted investigation in this

case and he in his testimony stated about the steps taken by him during the

course of investigation and also proved the following documents:-

i) MLR Ex.PA of Hasti Devi;

ii) Ruqqa Ex.PB sent by PW1 Dr. Pankaj Yadav, Medical Officer,

CHC Bawal;

iii) Complaint Ex.PD moved by complainant;

iv) Endorsement Ex.PD/1 on the application;

v) Photographs Ex.P1 to Ex.P3 of dead body of deceased Hasti Devi

taken by him with his mobile phone;

vi) Inquest Report Ex.PG;

vii) Ex.PK Application for conducting autopsy on the dead body of

deceased Hasti Devi;

viii) Ex.P1 to Ex.P5 photographs of the place of occurrence;

CRA-D No. 22 of 2019 (O&M) 7

ix) Ex.PO memo vide which blood-stained earth was lifted from the

spot and converted into sealed parcel Ex.MO5 and sealed with his

seal VK;

x) Ex.PQ rough site plan;

xi) Ex.PR memo vide which parcel containing clothes of deceased was

taken in possession after post mortem;

xii) Ex.PS disclosure statement of accused Sanjay which was made by

the accused after his arrest on 24.10.2017 for getting the wooden

stick Ex.MO3 recovered from the top of his thatch;

xiii) Ex.PT sketch of baton;

xiv) Ex.PT/1 memo of recovery of wooden stick;

xv) Ex.PU memo regarding demarcation of place of occurrence on the

disclosure statement of accused;

(ii) PW13 Head Constable Ravi Kant joined investigation of this case

with PW10 SI/SHO Vijender Kumar and is the attesting witness to the inquest

proceedings Ex.PG and memos Ex.PO, Ex.PR, Ex.PS, Ex.PT, Ex.PT/1,

Ex.PW/2 and Ex.PU. He corroborated the statement of PW10 SI/SHO

Vijender Kumar.

(iii) PW8 ASI Naresh Kumar deposed that he moved application

Ex.PM to the Doctor for showing wooden stick to him and obtained opinion

Ex.PM/1 of the Doctor that injuries on the person of deceased Hasti Devi can

be inflicted with said wooden stick Ex.MO3.

(C) MEDICAL EVIDENCE :-

(i) PW1 Dr. Pankaj Yadav, Medical Officer, proved that on

23.10.2017 he was posted at CHC Bawal and he in his testimony before the

Court deposed about the injuries suffered by Hasti Devi and proved copy of

MLR Ex.PA and also stated that he sent medical ruqqa Ex.PB regarding the

CRA-D No. 22 of 2019 (O&M) 8

admission of injured in PHC Bawal. As per his statement he managed the

patient but during treatment she died and he sent ruqqa Ex.PC regarding death

of deceased to the police.

(ii) PW6 Dr. Jitender Kumar, Medical Officer, CHC Bawal,

conducted post mortem on the dead body of deceased Hasti Devi alongwith

board of Doctors. He gave description of injuries found on the body of

deceased during post mortem and opined about the cause of death as “shock

and hemorrhage due to injuries sustained by the victim which were sufficient

to cause death in ordinary course of nature”. He also stated that all the

injuries were ante mortem in nature. He also proved the following documents:-

i) Ex.PK police request for conducting post mortem on the dead body

of deceased;

ii) Ex.PL post mortem report;

iii) Ex.PM application submitted by PW8 ASI Naresh Kumar seeking

opinion regarding weapon used for crime;

iv) Ex.PM/1 opinion to the effect that injuries were possible with

wooden stick Ex.MO3;

PW6 Dr. Jitender Kumar also identified the stick/piece of wood

Ex.MO3 and specifically stated that the injuries on the person of victim were

possible with this stick.

(D) ELECTRONIC EVIDENCE :-

(i) PW14 SI Ajit Singh moved two applications Ex.PZ and

Ex.PAA to Nodal Officer, Idea Cellular Ltd. and of BSNL Rewari, for

obtaining call detail records.

(ii) PW18 Deepak Kumar Sandhu, Nodal Officer, Idea Cellular

Ltd. Panchkula brought in Court the call detail record of mobile No. 97289-

16854 issued in the name of Rabinder Kumar son of Rajender Kumar, village

CRA-D No. 22 of 2019 (O&M) 9

Sheel Gaon, Tehsil Alwar, District Rajasthan and proved the application form

of Rabinder Kumar as Ex.PAC, call detail record as Ex.PAD, certificate issued

under Section 65 of the Evidence Act as Ex.PAE and location chart of mobile

number as Ex.PAF.

(iii) PW11 Ram Niwas Yadav, SDEO, BSNL, Rewari, brought the

CDR of mobile No. 9466225952 for the period from 23.10.2017 to 24.10.2017

issued in the name of Subhash Chand (PW4). He also proved copy of customer

application form submitted by PW4 Subhash Chand vide Ex.PV, copy of voter

card Ex.PV/1, copy of ration card Ex.PV/2, copy of call detail record as

Ex.PV/3 and certificate issued under Section 65-B of the Evidence Act as

Ex.PV/4.

(E) LINK EVIDENCE :-

i) PW16 Constable Yugvinder stated on oath that on 23.10.2017

he joined the investigation with PW10 SI Vijender Kumar and Head Constable

Ravi Kant and they reached at CHC Bawal where complainant Chander PW-2

gave complaint/application Ex.PD to them. On the application, PW10 SI

Vijender recorded police proceedings and handed over the same to him and on

reaching the police station he did the needful on the same day for getting the

FIR registered.

ii) PW7 ESI Jaswant Singh stated about registration of formal FIR

Ex.PN and making endorsement on the same.

iii) PW 3 Ajay is the son of Suresh (third son of deceased Hasti

Devi), grand son of deceased Hasti Devi. He in his testimony also stated that

his grandmother was residing with his uncle i.e. accused Sanjay and his

another uncle Chander at the house situated at well near Raipur Road, Bawal

and he identified the dead body of her grandmother at CHC Bawal and also

CRA-D No. 22 of 2019 (O&M) 10

signed the inquest proceedings Ex.PG. On the next day, after her post mortem

examination he took the dead body of his grandmother vide memo Ex.PH.

iv) PW12 HC Vikram Singh was posted as MHC in Police Station

Bawal at the relevant time on 24.10.2017 and he deposed that on 23.10.2017

three sealed parcels were deposited with him by PW10 SI Vijender Kumar in

Malkhana and he handed over these parcels to constable Amit Kumar on

22.12.2017 for depositing the same in FSL Madhuban in intact condition.

v) PW19 Constable Amit Kumar submitted his affidavit

Ex.PW19/A which is corresponding to the testimony of PW12 HC Vikram

Singh. Both these witnesses also deposed about parcels being intact still they

remain in their possession.

vi) PW9 Vijay corroborated the testimony of PW4 Subhash

regarding receipt of mobile phone on 23.10.2017 from his neighbourer

Subhash and he went to the spot alongwith tractor trolley where PW4 Subhash

stated to him that accused assaulted his mother. He alongwith Subhash took

Hasti Devi on tractor trolly to hospital where she died during treatment.

vii) PW15 Sukhpal, Halqa Patwari, Bawal, in his statement proved

the scaled site plan Ex.PAB which was prepared on the demarcation of

complainant-PW2 Chander.

(F) REVENUE RECORD

i) PW14 SI Ajit Singh also deposed about moving of application

Ex.PY to the registration Clerk, Bawal.

ii) PW17 Nirjan Parshad from the office of Sub Registrar, Bawal,

proved the transfer deeds vide Ex.PE, Ex.PY and Ex.PF respectively.

Learned Assistant Public Prosecutor tendered in evidence FSL

report Ex.PI and Serological Analysis Report of blood Ex.PJ and closed the

prosecution evidence.

CRA-D No. 22 of 2019 (O&M) 11

6. Statement of accused under Section 313 Cr.P.C. was recorded and

all the incriminating evidence and relevant documentary evidence were put to

him. He pleaded innocence and simply took the plea of false implication.

Inspite of granting opportunities to the accused to lead evidence, he opted not

to lead any defence evidence and closed the defence evidence on 13.10.2018.

7. After hearing the then learned Assistant Public Prosecutor and

learned defence counsel and perusal of oral and documentary evidence,

learned trial Court convicted the accused and sentenced him to undergo

imprisonment as mentioned in para No.1 of this judgment.

8. Assailing the findings of the learned trial Court given in the

impugned judgment and order of sentence, learned defence counsel contended

that:-

i) There was no evidence that accused was addicted to alcohol.

ii) presence of PW5 at the spot is highly doubtful because had she

been present at the spot, she would have made efforts to save

Hasti Devi from accused.

iii) Had the accused inflicted injuries and dragged his mother, there

would have been dragging marks on the dead body of Hasti Devi

but there are no dragging marks.

iv ) The injuries on the person of deceased as propounded by the

prosecution are highly improbable because there was no soil on

the clothes of deceased.

v) In fact injuries were suffered by Hasti Devi by falling from stairs

but PW1 Dr. Pankaj Yadav wrongly denied this suggestion that

injuries on the body of deceased Hasti Devi were due to falling

from stairs.

CRA-D No. 22 of 2019 (O&M) 12

vi) Recovery of wooden stick from the possession of accused is

doubtful. Even finger prints on the wooden stick were not lifted.

vii) Because of property dispute, accused has been implicated by his

brother PW2 Chander in connivance with PW5 Smt. Shakuntla

and other witnesses.

Learned defence counsel vehemently prayed for acquittal of the

accused by setting aside the judgment of conviction and order of sentence

passed by the trial Court.

9. Learned Deputy Advocate General relying upon the statements of

the prosecution witnesses and documents proved by them during the course of

trial contended that learned trial Court rendered a well-reasoned judgment of

conviction and passed the order of sentence. He prayed that no interference in

the impugned judgment is called for and prayed for dismissal of the appeal.

10(a) It has come in the statements of PW2 Chander complainant and

PW5 Shakuntla that deceased Hasti Devi was mother of PW1 Chander and

accused Sanjay alias Kala. PW4 Subhash is the cousin brother of accused. The

agricultural land of PW2 Chander and PW5 Shakuntla adjoins the agricultural

land of accused Sanjay alias Kala. PW2 Chander and PW5 Shakuntla and PW4

Subhash in their testimonies before the Court specifically stated that accused

was addicted to drinking and PW2 Chander specifically stated that about two

months ago accused was also confined in Police Station because he used to

scuffle under the influence of liquor. No suggestion was put to PW2

complainant during cross examination that accused was not addicted to

drinking. Rather PW2 during cross examination stated that "earlier report to

the police was made as at that time also accused was beating us under the

influence of liquor. At that time, accused was sent to the lock up by the police

but was released on the request of Krishan son of Baghu Chaudary.”

CRA-D No. 22 of 2019 (O&M) 13

Therefore, simply because after arrest of accused, his medical examination to

assess the concentration of alcohol in his blood is not conducted, does not

mean that he did not inflict injuries or that he was not addicted to liquor.

10(b) Learned defence counsel also vehemently denied the presence of

PW5 Shakuntla at the spot by alleging that had she been present on the spot

she would have made effort to save Hasti Devi from the accused. It has come

on record in the statement of PW2 Chander as well as in his application Ex.PD

made to the police and during cross examination also that accused after

consuming liquor started quarreling and beating them with Danda but due to

fear he along with children of accused Sanjay came out of the house. Thus to

save himself and children of accused, PW2 Chander preferred to move out of

the house. PW2 Chander also stated that PW5 Shakuntla, who was working in

the nearby field, called PW4 Subhash through a mobile phone. PW5 Shakuntla

also stated that on seeing the accused beating his mother, she called PW4

Subhash through her mobile phone and this fact is also corroborated by PW4

Subhash. The statements of these witnesses proved that at the relevant time the

accused was under the influence of liquor and had PW5 Shakuntla tried to

intervene, he would have rather beaten PW5 Shakuntla with stick and inflicted

injuries on her person. PW5 Shakuntla during cross examination stated that

she did not rush to the spot to save Hasti Devi from the accused at the time of

assault out of fear. PW5 Shakuntla Devi in her rightful wisdom instead of

burning her fingers in the fight, where son was beating her mother, preferred to

call the cousin of accused through her mobile phone.

PW4 Subhash also stated that on 23.10.2017, he received a call on

his mobile Phone No. 9466225952 from Shakuntla wife of Rajinder. Customer

application submitted by PW4 Subhash for getting the mobile phone number is

proved by PW11 Ram Niwas Yadav, SDEO, BSNL, Rewari, vide Ex.PV and

CRA-D No. 22 of 2019 (O&M) 14

copy of call detail record Ex.PV/3 and certificate issued under Section 65-B of

the Evidence Act as Ex.PV/4.

PW18 Deepak Kumar Sandhu, Nodal Officer, Idea Cellular Ltd,

Panchkula, proved the call detail record of mobile No. 97289-16854 issued in

the name of Rabinder Kumar son of Rajender Kumar and it is argued by

learned State counsel that this mobile phone was got issued on the name of son

of PW5 Shakuntla and was being used by her. During cross examination, PW5

Shakuntla stated that she does not remember the mobile number of herself and

Subhash and no suggestion was put to her that she was not having any mobile

phone at that time. She rather during cross-examination stated that mobile

phone number of Subhash was saved in her mobile phone as ‘fields

neighbourer’ as she used to inform him about stray animals. Call detail record

of both the numbers was taken by PW14 SI Ajit Singh on the basis of

application and same was obtained from Idea Cellular Ltd. and BSNL on the

basis of applications Ex.PZ and Ex.PAA respectively.

As per testimony of PW2 Chander, the occurrence took place on

23.10.2017 at 2.00/3.00 P.M. Call detail record of mobile phone record

Ex.PV/3 of PW4 Subhash reveals that he received the first call from Mobile

No. 97289-16854 on 23.10.2017 at 14:08:05 i.e. (02.08 P.M.) and the call

lasted at 39 seconds and immediately thereafter he received call from the

abovesaid number i.e. 97289-16854 at 14:15:01 (02.13 P.M.) and the call

lasted at eight seconds. Call detail record Ex. PAD of mobile No. 97289-16854

corroborates the call detail record Ex.PV/3 regarding the above number. The

call detail record of two mobile phones not only prove the presence of PW5

Shakuntla but also the fact that she called PW4 Subhash Chander on the spot.

CRA-D No. 22 of 2019 (O&M) 15

10(c). MLR Ex.PA also proves that deceased Hasti Devi was brought in

the Hospital at 2.00 P.M. on 23.10.2017. PW1 Dr. Panak Yadav, Medical

Officer, was the first person who attended the deceased in the hospital and

informed the police by sending medical ruqqa Ex.PB. He had medicolegally

examined deceased Hasti Devi at 3.30 P.M. and found the following eight

injuries on her person:-

“1. Complain of pain right arm. Lacerated wound of size 2.5 

x 0.5 cm was seen on right arm middle one third anterior 

aspect  bone  deep  with  bleed  and  was  deformed.  Advised              

x-ray  right  shoulder  with  arm  and  wrist  and  orthopedic 

opinion.  Injury  was  kept  under  observation,  caused  by 

blunt weapon and duration was within six hours. 

2. Lacerated wound of size 2.5 x 1 cm occipital region bone 

deep with bleed. Advised x-ray and neuro surgeon opinion. 

Injury was kept under observation, caused by blunt weapon 

and duration was within six hours. 

3.  Lacerated  wound  of  size  2  x  0.5  cm  left  hand  palmer 

aspect with bleed. Injury was simple in nature, caused by 

blunt weapon and duration was within six hours. 

4. Bilateral nasal bleed was present. Advised x-ray for nasal 

bone and ENT opinion. Injury was kept under observation, 

caused by blunt weapon and duration was within six hours. 

5. Multiple swelling was seen over face and maxillary region 

bluish in colour. Advised x-ray facial bone and Radiologist 

opinion Injury was kept under observation, caused by blunt 

weapon and duration was within six to twelve hours. 

6.  Multiple  brownish  contused  linear  swelling  of  variable 

length  and  directions  were  seen  all  over  upper  and  lower 

back.  Advised  x-ray  and  ortho  opinion.  Injury  was  kept 

under  observation,  caused  by  blunt  weapon  and  duration 

was within six to twelve hours. 

7. Bluish contused swelling was seen over left knee anterior 

aspect.  Advised  x-ray  and  ortho  opinion.  Injury  was  kept 

under  observation,  caused  by  blunt  weapon  and  duration 

was within six to twelve hours. 

8.  Complain  of  pain  bilateral  chest.  Advised  x-ray  for 

bilateral  chest  and  ortho  opinion.  Injury  was  kept  under 

observation,  caused  by  blunt  weapon  but  duration  cannot 

be ascertained.” 

These injuries have been specifically mentioned in his statement

in the Court and in M.L.R. Ex.PA. This MLR Ex.PA and his testimony also

CRA-D No. 22 of 2019 (O&M) 16

proved that deceased received injuries on her right arm, right shoulder and

wrist. As per M.L.R. Ex.PA of deceased Hasti Devi, multiple swelling was

seen over face and maxillary region bluish in colour; multiple brownish

contused linear swelling of variable length and directions were seen all over

upper and lower back; bluish contused swelling was seen over left knee

anterior aspect and she was also complaining of pain on bilateral chest. This

proved that her whole body was suffering from swelling, bleeding and there

was complaint of pain and lacerated wounds and the contention of learned

defence counsel cannot be accepted that had she been dragged there would

have been dragging marks on her body. Multiple swelling on the face and

maxillary region bluish, multiple brownish contused linear swelling of variable

length and directions over upper and lower back and bluish contused swelling

over left knee anterior aspect and complain of pain on bilateral chest is only

due to her dragging by the accused whereas other four injuries as mentioned in

the MLR Ex.PA is result of use of blunt weapon and as per testimonies of

PW2 Chander and PW5 Shakuntla, accused inflicted injuries on the person of

his mother by wooden stick Ex.MO3. The testimonies of these witnesses

regarding use of wooden stick Ex.MO3 as weapon of offence is corroborated

by the testimony of PW1 Dr. Pankaj Yadav who stated and also mentioned in

MLR Ex.PA that injuries are by blunt weapon as well as the opinion of PW6

Dr. Jitender Kumar, who after identifying wooden stick Ex.MO3 gave the

opinion Ex.PM/1 on the basis of application Ex.PM submitted by PW8 ASI

Naresh Kumar that injuries were possible with wooden stick Ex.MO3.

10 (d). Body of deceased Hasti Devi, 80 years of age, after her

death was subjected to post mortem examination by PW6 Dr. Jitender Kumar,

Medical Officer, CHC Bawal and he in his testimony proved the post mortem

report vide Ex.PL and he found the following eight injuries on her body:-

CRA-D No. 22 of 2019 (O&M) 17

“1.  Lacerated  wound  of  size  2.5  x  0.5  cm  on  right  arm 

middle one third anterior aspect with fracture of bone. 

2.  Lacerated  wound  of  size  2.5  x  1  cm  on  occipital  region    

up to bone deep with bone fracture. 

3. Lacerated wound of size 2x.5 cm on left hand palm. 

4. Contusion mark of size 3 x 2 cm on right maxillary region 

with swelling and 4 x 2.5 cm on left maxillary region. 

5. Contusion mark of size 3 x 2 cm below right knee joint. 

6. Contusion mark of size 4 x 2 cm below left knee joint. 

7. Multiple contusion marks of variable size 12 x 3 cm left 

scapula upper border, 12 x 2 cm on mid of left scapula, 10 

x 2 cm on mid of back on left side & more of variable size on 

back in three in number. 

8. There was fracture of 2

nd

, 3

rd

 ,4

th

 and 5

th

 ribs of right side 

of chest and 3

rd

 and 4

th

 of the left side of ribs from the front 

size.” 

Fracture of 2

nd

, 3

rd,

4

th

and 5

th

ribs of right side of chest and 3

rd

and 4

th

of the left side of ribs of the body of deceased Hasti Devi could be either from

stick or due to her dragging on the ground. The contention of learned defence

counsel that these injuries could be result of fall from stairs cannot be accepted

because no suggestion was put to PW2 Chander, PW5 Shakuntla or PW4

Subhash that the house where deceased was residing with her son Sanjay i.e.

accused and PW2 Chander had stair case or she had gone up the staircase.

Rough site plan Ex.PQ of the place of occurrence was prepared

by PW10 SI/SHO Vijender Kumar. Scaled siteplan Ex.PAB was prepared by

PW15 Sukhpal, Halqa Patwari and both these site plans do not depict that

house of deceased had stairs or staircase. Therefore, the defence version that

she suffered injuries due to fall from staircase cannot be accepted whereas the

prosecution has led positive evidence by examining its star witnesses i.e. PW2

Chander and PW5 Shakuntla that deceased suffered injuries due to beatings by

means of baton from the hands of her own son i.e. accused.

CRA-D No. 22 of 2019 (O&M) 18

10(e) Learned defence counsel also contended that version as regards

injuries on the person of deceased as propounded by the prosecution is highly

improbable because there is no soil on the clothes of deceased. It has come on

record that after post mortem examination the parcels of clothes of deceased

were handed over to PW10 SI/SHO Vijender Kumar and he handed over the

same to PW12 HC Vikram Singh and PW12 HC Vikram Singh handed over

the parcel of clothes of deceased to PW19 Constable Amit Kumar for deposit

in Forensic Science Laboratory, Madhuban. Affidavit Ex.PW19/A of PW19

Constable Amit Kumar is corresponding to the testimony of PW12 HC Vikram

Singh. Report of FSL Ex.PI and serological analysis of blood Ex.PJ proved

that Kurta and Peticot of deceased was found stained with blood and blood

was detected on Danda (stick) and Ex.P3 i.e. parcel of soil lifted on the spot

was stained with blood. The Kurta and Peticot i.e. clothes of the deceased were

subjected to forensic science examination for detection of blood and it was

never subjected to forensic science examination for detection of soil on these

clothes and for this reason it cannot be said that there was no soil on the

clothes of deceased.

10(f) Learned defence counsel vehemently disputed the recovery of

wooden stick from the possession of accused and also that finger prints on the

wooden sticks were not lifted. The wooden stick was found stained with blood

as per the report Ex.PI and it was human blood as per serological report Ex.PJ.

The recovery of wooden stick Ex.MO3 is effected on the basis of disclosure

statement Ex.PS of accused after his arrest by PW10 SI/SHO Vijender Kumar

and corroborated by PW11 HC Ravi Kant who was with PW10 SI/SHO

Vijender Kumar at the time of investigation and interrogation of accused. Both

these witnesses have no reason to depose against the accused as they have no

personal enmity with the accused. The recovery of wooden stick Ex.MO3 is

CRA-D No. 22 of 2019 (O&M) 19

effected by PW10 SI/SHO Vijender Kumar in discharge of his official duties

and he has no reason to plant false recovery upon the accused. Even for the

sake of arguments it is presumed that no recovery of wooden stick, (though it

is not so in the present case) was effected from the possession of the accused,

recovery of weapon of offence is only a corroborative piece of evidence and in

view of testimonies of the eye witnesses regarding the manner, place and time

of commission of offence by the accused, the factum of recovery of weapon of

offence from the possession of accused pales into insignificance.

10(g) The accused took a plea that he has been falsely implicated by his

brother in connivance with PW5 and other witnesses because of property

dispute.

It has come on record in the statement of PW2 Chander that 1½

years prior to the date of occurrence, accused Sanjay had got transferred his

land under the garb of sanction of pension in his favour and thereafter he sold

some land which was got transferred from him. He also stated that in the

month of August-2017 after intervention of relatives, accused transferred back

3 kanals of land in his favour and after that he used to quarrel with them after

consuming liquor and the matter was reported to the police.

Record of sale deeds Ex.PE, Ex.PF and Ex.PY was procured by

PW14 SI Ajit Singh on the basis of application Ex.PX moved to Registration

Clerk, Bawal.

The statement of PW2 Chander stands corroborated from revenue

record.

Ex.PE sale-deed dated 26.06.2015 proves that PW2 transferred 6

kanal 11 marlas of land in favour of his brother Sanjay i.e. accused on

26.06.2015.

CRA-D No. 22 of 2019 (O&M) 20

Sale-deed Ex.PY further proves that accused Sanjay sold 3 kanals

of land in favour of Ram Kalan on 03.02.2016.

Sale deed dated 25.09.2017 Ex.PY proves that accused Sanjay

transferred back 3 Kanal 11 Marlas of land in favour of his brother Chander.

Since the land was already transferred in favour of PW2

Chander, he had no reason to falsely implicate the accused whereas motive for

commission of offence is proved because accused was annoyed having been

made to transfer back of land measuring 3 Kanal 11 Marlas in favour of his

brother PW2 Chander and for this reason he used to fight with the family

members including his mother and PW2 Chander under the influence of liquor

and at one point of time the matter of fight by the accused had to be reported to

the police. Therefore, the reason for false implication is rebutted rather the

revenue record duly proves the motive for commission of offence by the

accused.

10(h) As discussed earlier, the testimonies of PW1 Dr. Pankaj Yadav,

Medical Officer and PW6 Dr. Jitender Kumar, Medical Officer, who

medicolegally examined the deceased Hasti Devi and conducted autopsy on

her body respectively, prove the injuries suffered by deceased Hasti Devi. She

suffered injuries all over her body and cause of her death as per opinion of

PW6 Dr. Jitender Kumar and mentioned in post mortem report Ex.PL is

because of shock and hemorrhage which were sufficient to cause death in the

ordinary course of nature. Post mortem report Ex.PL as discussed earlier,

mentions that deceased suffered as many as eight injuries and there was

fracture of 2

nd

, 3

rd

, 4

th

and 5

th

ribs of right side of chest and 3

rd

and 4

th

of the

left side of ribs from the front size. There was lacerated wound of 2.05 x 1 cm

on occipital region upto bone deep with bone fracture. Thus, the combined

effect of injuries resulted into her death. PW2 Chander stated that accused

CRA-D No. 22 of 2019 (O&M) 21

inflicted injuries to deceased Hasti Devi under the influence of liquor by

means of stick. The accused was not compelled by anybody else to consume

liquor and he voluntarily took the liquor and started fighting with the family

members and inflicted injuries on his unarmed old mother of eighty years

without any provocation.

The act committed by the accused comes within th e ambit of

clause 3

rd

of Section 300 of the Indian Penal Code which reads as under:- 

“Section  300:  Murder- Except  in  the  cases  hereinafter 

excepted, culpable homicide is murder, if the act by which 

the death is caused is done with the intention of causing 

death, or-

Secondly.—If it is done with the intention of causing such 

bodily injury as the offender knows to be likely to cause the 

death of the person to whom the harm is caused, or— 

Thirdly.—If it is done with the intention of causing bodily 

injury to any person and the bodily injury intended to be 

inflicted  is  sufficient  in  the  ordinary  course  of  nature  to 

cause death, or— 

Fourthly.—If the person committing the act knows that it is 

so  imminently  dangerous  that  it  must,  in  all  probability, 

cause  death  or  such  bodily  injury  as  is  likely  to  cause 

death,  and  commits  such  act  without  any  excuse  for 

incurring  the  risk  of  causing  death  or  such  injury as 

aforesaid.” 

11. In view of overwhelming evidence collected by the prosecution

during investigation of this case and proved on record during the course of trial

i.e. testimonies of star witnesses of this case i.e. PW2 Chander, PW5

Shakuntla who witnessed the accused inflicting injuries on the person of

deceased Hasti Devi by means of wooden stick and testimonies of PW4

Subhash and PW9 Vijay who took deceased Hasti Devi to hospital along with

PW2 Chander for her medical treatment; MLR Ex.PA, Post mortem report

Ex.PL, recovery of wooden Danda Ex.MO3 vide memo Ex.PT/1 on the basis

CRA-D No. 22 of 2019 (O&M) 22

of disclosure statement Ex.PS of accused; blood stained clothes of deceased as

per reports Ex.PI and Ex.PJ, learned trial Court had rightly concluded that the

prosecution has proved its case against the accused beyond reasonable doubt

and rendered the judgment of conviction and order of sentence for committing

the murder of his old age mother.

12. Finding no irregularity or illegality in the judgment and order of

sentence passed by the learned trial Court, the appeal in hand stands dismissed

being devoid of merits.

13. A copy of this judgment be sent to quarters concerned for

necessary compliance.

( GURVINDER SINGH GILL ) (RAMESH KUMARI)

JUDGE JUDGE

20.11.2025

ravinder

Whether speaking/reasoned √Yes/No

Whether reportable √Yes/No