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#" $% #" %" &'(')* ! "#$%& "'( ) # ' *+' %,' ,' # '(--.(-(. ,/ 0 1 2'*%3 # 4%, "#%5 $!," # 6%%2'*%3 # 78+3!$!,+ 4%, "#%9 ,0 , " , #+"6022!"1 ) $%+ & The appellants have preferred the present appeal against the impugned judgment of conviction and order of sentence dated 01.03.2004 passed by the learned Additional Sessions Judge (Ad hoc), Fast Track Court, Faridkot. By the said judgment, Sant Chander Muni @ Gurcharan Singh (appellant No. 1) was convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code. The other appellants, namely Jagjit Singh (appellant No. 2), Baldev Singh (appellant No. 3) and Charan Singh @ Ghudu (appellant No. 4) were convicted for the offences punishable under Sections 302 read with Section 149 IPC and Section 201 IPC. All the MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each, along with the stipulated default conditions. 2. Vide order dated 20.05.2025 passed by this Court, the appeal qua Sant Chander Muni @ Gurcharan Singh (appellant No. 1) and Jagjit Singh (appellant No.2) stood abated. However, the present appeal has been contested on behalf of appellants No. 3 and 4. 3. The FIR (Exhibit PF/1) in the present case was registered on the basis of the statement made by Gurdev Singh and the same has been reproduced below:-
“Statement of Gurdev Singh Son of Nihal Singh, Jat, resident of Street No. 2, Abohar Road, Muktsar, aged 65 Years. “I am a resident of Abohar Road, Street No. 2, Muktsar. My one son Iqbal Singh, who runs a commission agent shop at Muktsar, owns a Maruti car of white colour bearing Regn, No. DL-8CA-0341, which is usually driven by her wife Harinder Kaur.
On 22.5.1996 my son Iqbal singh and his wife Harinder Kaur had gone on his car, after telling the servant Ram Bahadur that they were going to Kotkapura for 2/3 hours and will return at meals time. Ram Bahadur Gorkha was informed about this, Iqbal Singh is wearing shirt-trousers (Kurta- Pyjama) of white colour, turban of red colour and shoes of black colour. He is aged about 42-43 Years, Harjinder Kaur is aged about 36/37 years and is of wheatish complexion. She is wearing suit of blue colour and scarf (Chunni) of blue colour and country-made female shoes They have not returned till today. We have made searches at our own level but nothing could be known about them. I suspect that my son Iqbal Singh and his wife Harinder Kaur have been kidnapped by some one intentionally with the intention to misuse them. They have kept them secretly and under threat. I was going to the Police Station to lodge the report that you have met. You have MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
recorded my statement. I have heard it and is correct. Action be taken. Attested. Gurdev Singh aforesaid Sd/- Udik Chand Sd/- Gurdev Singh Police proceedings:- Today I the SI al ongwith C.Sham Lal No. 2339, C. Karam Singh No. 2426, BPO Baljit singh on Govt Canter, whose driver is C.Rajinder Singh, was present on the petrol pump of Manga at Malout Road. Aforesaid Gurdev Singh met me there and he made his aforesaid statement before me, which after having been reduced into writing has been read over and explained to him, who after hearing and admitting the same to be correct but his signatures in punjabi under his statement, which I attested. From the statement an offence punishable under Sections 365, 368 IPC is made out. So, the aforesaid statement is sent to the police station through C. Karam Singh No. 2426. After the registration of the case, FIR number be intimated.
I alongwith the co-officials and complainant Gurdev Singh proceed to the spot for the investigation.” In the area of Malout Road, Sd/Udik Chand, SI SHO Petrol Pump Manga at 09.00 PM P.S.City, Muktsar Muktsar, Dt. 3.6.1996.”
4. After registration of the FIR, Udik Chand, SHO went to the spot and prepared a rough site plan. He also recorded the statements of various witnesses. On 17.06.1996, the investigation of the present case was entrusted to Dilbag Singh, Inspector/SHO. Sukhdev Singh came to him and made a statement that he was resident of village Mehla Kalan. He often used to visit appellant No. 1 at his Dera and as such he knew many persons who used to visit the said Dera. Iqbal Singh and his wife Harinder Kaur residents of Muktsar also used to visit the said Dera in their white car. Jagjit Singh, Sarpanch (appellant No. 2), Baldev Singh (appellant No. 3) Charan Singh MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
alias Guddu (appellant No. 4) and Mela Singh son of Dharm Singh also used to visit the said Dera. On 22.5.1996 at about 7 AM, Iqbal Singh and his wife Harinder Kaur came there on their white Maruti car bearing registration No. DL-8CA-0241 and they asked him about appellant No. 1. He told them that appellant No. 1 was sitting on the first floor. Iqbal Singh was wearing a white kurta pajama and was also wearing a turban of red color, whereas Harinder Kaur was wearing a suit and dupatta of blue color. Both of them went to the first floor and he went to the langer, since he used to serve there. After about half an hour, he heard the noise from chaubara and went there and peeped through the door and saw inside that appellant No. 2 was holding Iqbal Singh from his arms, whereas appellant No. 3 was holding Iqbal Singh from his legs. Appellant No. 4 was holding the legs of Harinder Kaur, whereas Mela Singh was holding Harinder Kaur from her arms.
Appellant No.1 brought a string and put the same on the neck of Iqbal Singh and tightened it. Thereafter, he put the same string around the neck of Harinder Kaur and strangulated her also. Both Harinder Kaur and Iqbal Singh had died. Thereafter, appellants No. 1 to 4 and Mela Singh stated that they had taught a lesson for demanding money from Raj Rani. Raj Rani @ Chhinder Kaur was having close and intimate relations with appellant No. 1, who asked others to dispose of the dead bodies before somebody comes there. After seeing and hearing all this, Sukhdev Singh came down through stairs and left for his village due to fear. He was scared for some days and then he made the statement on 17.06.1996. 5. After recording the statement of Sukhdev Singh, the offences under Sections 302, 201, 148 and 149 IPC were added. Inspector Dilbag MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
, Singh along with other witnesses went to the Dera and on the identification of Sukhdev Singh, he prepared a rough site plan. Still further, a pair of shoes of black color and a pair of Punjabi shoes lying at the spot were taken into possession. He recorded the statements of various witnesses. On 16.06.1996, two dead bodies wrapped in bags were found in the canal in the area of Lohgarh. These dead bodies were taken out and one of them was identified as of Iqbal Singh and the other of Harinder Kaur. The chowkidar gave information to the police post and the inquest report was prepared. Both the dead bodies were sent for postmortem examination. On 22.06.1996, Mela Singh and appellant No. 2 identified the place, where the dead bodies of Iqbal Singh and Harinder Kaur were thrown in the canal. A ring was also recovered from the spot, on which the name of Harinder Kaur in English as
“HK” was written.
Thereafter, all the accused were formally arrested in the present case. 6. After necessary investigation, the challan was presented before the court of Illaqa Magistrate. After commitment of the case, the trial court found that a prima facie case under Sections 148, 201, 302, 149 IPC was made out against the appellants and they were ordered to be charge-sheeted accordingly. However, they did not plead guilty to the charge and claimed trial
7. During the course of trial, the prosecution examined PW-1 Mela Singh, who was made an approver in the present case. He stated that he used to go to appellant No. 1 for taking medicine etc. and also knew the disciples of the Dera. He knew Iqbal Singh and Harinder Kaur (both deceased) as they used to come to the Dera of appellant No. 1. About two MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
years and six months ago, he went to Dera of appellant No. 1 to take medicine from him as he was having cough and cold. Appellants No. 2, 3 and 4 were also present along with appellant No. 1. He knew all the accused for about one and half year before the occurrence. After two-three minutes, Sukhdev Singh came to appellant No. 1. Thereafter, Sukhdev Singh paid obeisance and went down stairs. After 5/7 minutes, Iqbal Singh and Harinder Kaur came on the first floor. He knew Harinder Kaur and Iqbal Singh. Iqbal Singh was wearing a turban of red colour and was also wearing a white shirt and pajama. Harinder Kaur was wearing a blue suit as well as a chunni. Iqbal Singh and Harinder Kaur paid respect to appellant No. 1 and sat down on the first floor. Tea was served by appellant No. 1 to Iqbal Singh and Harinder Kaur.
After taking tea, Iqbal Singh and Harinder Kaur were losing their senses and their eyes were getting closed. They were under the influence of some intoxicants. Thereafter, appellant No.1 signaled to appellants No. 2 to 4 who got up and closed the door of the chaubara (first floor) from inside. He asked appellant No. 1 as to what he was doing. Appellant No.1 was having a plastic rope in his hand and gave a blow with rope on the back side of his shoulder. He then directed Mela Singh to catch hold of the arms of Harinder Kaur, whereas appellant No.4 was holding her from her legs. Even appellant No. 2 was catching hold of the arms of Iqbal Singh, whereas appellant No. 3 caught hold of the legs of Iqbal Singh. Appellant No.1-Chander Mani strangulated both of them with a rope, which he was holding in his hands. Then appellant No. 1 stated that Iqbal Singh and Harinder Kaur had been taught a lesson for demanding money from Rajrani and asked them to put the dead bodies at the right place. Appellant MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
- No. 1 also threatened Mela Singh not to disclose it to anyone. The dead bodies of Iqbal Singh and Harinder Kaur were put in two separate gunny bags and were loaded in Trax jeep belonging to appellant No.1. Mela Singh and appellants No. 1 to 4 boarded a jeep and the jeep was taken to a place, where there were crops. They all got down from the jeep and talked with each other. The dead bodies were taken off from the jeep and placed there. Appellant No. 1 then took his vehicle and went away by saying that he would be coming after some time. Even, Mela Singh was not allowed to go anywhere.
After sunset, appellant No.1 came in the same jeep and they had kept the dead bodies on the Jeep and later on, the dead bodies were thrown in the Rajasthan Feeder Canal. PW-1 Mela Singh, approver, was cross- examined at length by the defence counsel. In his cross-examination, he admitted that he was convicted in a murder case and had undergone life imprisonment. He came out after completing the sentence in the year 1987. He admitted that after that he was charged under the Arms Act and in that case also, he was convicted and sentenced. He had no knowledge about the families of the appellants. Even, he was apprehended by the police after 20 days of the occurrence. 8. The prosecution further examined Rimpal Deep son of Iqbal Singh (since deceased) as PW2. He stated that his parents had visited appellant No. 1 on 20.05.1996 and 21.05.1996. However, on both the occasions, they had returned home. At about 6 a.m. on 22.05.1996, he woke up and saw that his parents were about to leave in their car. A phone call was received by his mother and his mother told him that the phone call was made by appellant No. 1 and that appellant No.1 wanted to give money to her and MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
. had asked them to reach at once. His parents left towards the Dera of appellant No. 1 and he had told the above to his relatives. 9. The prosecution further examined PW-3 Bachan Singh, who stated that he was having good relations with appellants No.2 and 3. About three years four months ago, appellants No. 1 to 3 came to him at his village Dhudhi. Appellant No. 2 introduced appellant No. 1 as head of the Dera of village Khokarwala.
Appellant No.1 told him that all three of them as well as Ghudu and Mela had eliminated Iqbal Singh and Harinder Kaur by strangulating them and the dead bodies of both of them were put in separate gunny bags and were thrown in the canal. Even they had committed the murder of both of them as the deceased was to take money from Rajrani, who used to visit appellant No. 1. He told the accused to come to Muktsar on the next day, but they never turned up. In his cross-examination, he stated that he was an illiterate and had not given any date in his statement. He made a statement, which was prompted by the Public Prosecutor. He did not know appellant No. 1 earlier. 10. Still further, the prosecution examined Gurbachan Singh, Draftsman as PW-4, who had prepared the scale site plan Ex.PE with correct marginal notes. The prosecution further examined PW-5 HC Surjit Singh, who had recorded the formal FIR (Exhibit PF/1). The prosecution further examined Gurdip Singh as PW-6. About 05 years ago, he was coming from Harike and was going towards Muktsar. At about 6:30/6:45 a.m., when he was in the mid of village Khokar, he saw a car coming from the side of village Khokar and he had not reached village Khokar yet. The car met him near the Dera of appellant No. 1. The car was driven by Harinder Kaur and MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
! Iqbal Singh was sitting by her side. On seeing him, Iqbal Singh and Harinder Kaur stopped the car and they both told him that they were going towards Dera of appellant No.1. In his cross-examination, he admitted that he had gone to village Hari ke Kalan to see Charan Singh son of the sister of his wife.
However, he did not know the name of the father of Charan Singh. There was a direct passage from Hari ke Kalan to Muktsar via Sarai Naga. However, the bridge on that route was broken, so he did not come by that passage. He knew Iqbal Singh and Harinder Kaur for the last 6/7 years prior to the occurrence as they had been visiting the Gurdwara. 11. The prosecution further examined PW-7 Yadwinder Singh, who stated that his sister Harinder Kaur was married with Iqbal Singh. His sister and Iqbal Singh used to visit the Dera of appellant No. 1. About 4/5 months’ ago, he met appellant No.1 at Muktsar at the residence of his sister. On 22.5.1996 at about 7 a.m., he went to the house of his sister Harinder Kaur and Iqbal Singh, but they were not present in the house. His children and the servant Ram Bahadur told him that at about 6 a.m., both the deceased had gone in a car to the Dera of appellant No. 1 and appellant No.1 wanted to pay the money to them. On the next day, he again inquired from the children of Harinder Kaur and came to know that both Harinder Kaur and Iqbal Singh had not returned home from the Dera of appellant No. 1. He along with relatives went to the house of the deceased. Thereafter, he along with father of Iqbal Singh and other relatives went to appellant No. 1 and inquired about Harinder Kaur and Iqbal Singh from them. However, appellant No. 1 made excuses and they had a suspicion that appellant No. 1 had abducted his sister and her husband for committing murder for some other purpose. After 15 MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
days of the incident, he was joined in the investigation and by that time, the police had arrested Mela Singh and Jagjit Singh, accused.
The police searched Rajasthan canal and from the search of outer area of the Rajasthan canal, a silver ring having impression “HK” was recovered, which was taken into possession by the police. He identified the same as the ring, which was worn by his sister. On 16.6.1996, two dead bodies in bags were recovered. He had identified the dead bodies to be of Harinder Kaur and Iqbal Singh and thereafter, they went to Police Post Chautala and informed them. He identified the dead body of his sister from the clothes worn by her with blue- black printed clothes, whereas the dead body of his brother-in-law Iqbal Singh was identified from the iron bracelet worn by him. Even their statements were recorded by the police. 12. The prosecution further examined PW-8 Dr.Basant Lal Sirohiwal, who had conducted the postmortem examination on both dead bodies in the present case and stated as under:-
“…on 18.6.1996, he conducted the postmortem examination on the dead body of Iqbal Singh. He received a sealed dead body with all seals which were intact in the department of Forensic Medicine on 18.6.96. The body was brought by constable Om Parkash 286 and Const. Madan Lal 844 and P.P. Chautala. Body was identified as per the Police Papers by Yadwinder Singh son of Gurmeet Singh and Tarshpinder Singh son of Gurraj Singh. On opening the sealed packet, he found a dead body in a Gunny bag. The body was rolled up and jumbled up. The body was naked wearing only one kara, small in size in the right wrist. The skull bones were exposed. Mandible was attached with only tag of tissues. The body was emitting foul smell. The long bones of upper limbs were exposed at places.
The short bones of the hands were exposed and loosely MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
attached with the ligaments of places, Short bones of feet were exposed, at places. The height of the body was about 165 Cms. The Labia-Majora was identifiable and the body was of a female. The breast was identified. Abdominal wall was fatty. The dental formula was depicted in the digram which shows the 3rd molar as erupted and there was attrition of the teeth was three plus. The mandible was typically female Angles were inverted and chin was rounded. Some teeth were loosened and some were fallen. Socket were present. No ante-mortem injury was seen on the body INTERNAL EXAMINATION Head: skull was typically females. No fracture was seen. Sagittal sutures were fused on the inner table. Brain was missing. Neck- chest:-Hyoid bone was intact with corhua was calcified. Trachea and larynx were decomposed and fumbles up. Tracheal rings were softened and decomposed. There liquefied Heart was soft flabby and decomposed. The Sternum the body was fused, Xiphyisternum was not fused, Marubrium sternai was not fused. Abdominal wall was fatty and flabby, softened. The stomach was empty and softened, decomposed friable. Small intestines were containing digested food material and gasses, they were sSoft, decomposed and friable. Large intestines were containing the faceal matter and gasses and were softened and friable. The liver was soft decomposed and internal architecture was diffused. Spleen was decomposed and liquefied. Kidneys were soft and decomposed and internal architecture was diffused. Urinary blader was soft decomposed and empty. Uterus and fallopina tubes were soft and decomposed The sacrum was fused, Lumbar vertebrae were showing lipping plus three. The epiphysis of all the long bones were fused with the respective shaft.
MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
OPINION: The dead body sent for postmortem examination was of a female (and not a male as stated in the Inquest paper) aged about 40/45 years. in the advance stage of decomposition, No definite opinion could be given regarding cause of death at that stage as the viscera had been sealed and preserved for the Chemical Analysis. The duration of death was about two weeks. 13. PW-8 Dr.Basant Lal proved the postmortem report as Exhibit PK. As per the report of chemical analysis, no common poison could be detected in the viscera sent for chemical examination. Even no ante mortem injury was seen over the body and the body was in advanced stage of decomposition. The exact cause of death could not be ascertained in the present case and the facial features were putrefied and were not identifiable. 14. On the same day, i.e. on 18.6.96, PW-8 Dr.Basant Lal conducted the postmortem examination on the dead body of Harinder Kaur wife of Iqbal Singh Caste Jat Sikh, resident of Muktsar, Punjab C/O PP Chautala Sadar Dabwali, District Sirsa, vide D.D. No.17 dated 16.6.96 P.P. Chautala referred vide RMR No. RED/BG/PR/16/SFL dated 17.6.96 of Civil Hospital Sirsa and stated as under:-
“The body was brought by UGS Om Parkash and Const. Amar Nath of PP Chautala. The body was identified by Yadwinder Singh s/o Gurmeet Singh and Tarshpinder Singh, son of Gurraj Singh R/o V. Bhullar P.S. Lambi, Punjab. The postmortem was conducted on 18.6.96 at 12.45 noon. The body was received in a sealed packet with 9 seals of CH Sirsa. On opening the sealed packet, found a dead body wrapped and tied in a Khes Chadder and a printed bed sheet torn at places. The body was rolled up and jumbled up in it.
Some bones were lying separately and some were exposed. The body was emitting foul smell and greasy on touching. MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
BELONGINGS. 1. One Kameez, Grayish, black, background with yellowish rounded dots painted, torn at placen near the arms and antiöged in decomposed material and sand was present in situ. 2. One bra of whitish colour in situ. 3. One Salwar made up of same cloth as Kameez and present in situ, torn at places. 4. One rope thick make of sun tied on the belt areas whose one end was encircling and tied around the upper part of right thing in continuation of knot with the rope tied at the belt area. The rope was also having multiple knots on the other parts at distal ends of different size. All the clothes were smudged in decomposed material. The bones were exposed and some were lying separately and the some were attached with loose ligaments. Head and Neck and Thoracic vertebrae except the lower three were missing. Ribs were exposed and few were lying separately, totaling 15 ribs only. The body of sternum was found in the decomposed tissues and was fused. Whereas manubrium sterni and xiphisternum were missing. Both the upper limbs bones, humerus, radius and ulna exposed at places, whereas both the hands were identifiable. Spiphysia of the long bones were exposed near bones were exposed near the Illiac Rest, labia majora was identifiable. Epiphyses ia of the long bones were fused with the respective shaft. Soft tissues over the pubic bone were loosely attached. Both the scapulae were found loosely attached in the decomposed tissues and were showing the lipping of glenoid fossa at circumference. Lipping of the lumber vertebrae was seen in its early stage. Sacrum pieces were fused.
All the soft organs of the Chest, abdomen were missing. No bony injury ante-mortem was seen. The soft tissues over the pubic bone were loosely attached. Both scapulae were found loosely attached within the decomposed tissues and showed lipping at the circumference of the glenoid fossa. Early lipping of the lumbar vertebrae was also observed. MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
The sacral pieces were found fused. All soft organs of the chest and abdomen were absent. No ante- mortem bony injury was detected. OPINION: The dead body sent for the postmortem examination was of a female aged about 35/40 years found in partially skeltonised form, whose cause of death could not be ascertained. The duration of death was about 3 to 4 weeks. 15. "3,%$$: ; 8+" #+%"2PW-8 Dr.Basant Lal$# # '#0 #)%#0' ' )%'+ $< , +" '* "3 '$# 6 %4' 3%8 %$+#+%"0 *+"64 3+ 4 #!, $ !#, 4+ ' "'< , "%#+' "#+4+ ) %< * ,2#0 =3%! ') +' "#+4+ ')=#0 ) %"6+"6$ 3%"'!3# '#0 %$#8%,# 8%4 6 '
) +"602<0+30< $ 0 *+"6%" > , ) "6 $ ) %"6+"6%< * ,2#0 )%'=< $" > '?
16. The prosecution further examined Sukhdev Singh as PW-9. He stated that about 5½ years ago, he was present at the Dera of appellant No. 1 and appellants Nos. 2 to 4 were also there. At about 7 a.m. on that day, Iqbal Singh and Harinder Kaur came in their Dera. After paying obeisance, he came down from the stairs. He further stated that after about half an hour, he heard shrieks from the chaubara (first floor) and peeped through the chinks of the closed door. He saw that Jagjit Singh (appellant No. 2) had caught hold of Iqbal Singh by his arms, whereas appellant No. 3 had caught hold of his legs.
Appellant No.1 put the rope around the neck of Iqbal Singh and strangulated him. Mela Singh (PW-1) was holding Harinder Kaur by her arms, whereas appellant No. 4 caught hold of Harinder Kaur by her legs. Even, she was strangulated to death by appellant No.1. Thereafter, appellant No.1 had ordered other accused to dispose off the dead bodies, so that the people may not come to know about it. After the incident, he remained silent MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
, and went to his village. After about 20/25 days of the occurrence, he went to the police and reported the matter. In cross-examination, he stated that he did not make the statement earlier out of fear. He did not state before the police that Rajrani was keep of appellant No. 1. However, he had disclosed that Rajrani was very close to appellant No. 1. He did not raise any hue and cry in the village about the occurrence and even did not inform the relatives of the deceased. He even did not report the matter at Police Station City or PS Sadar Muktsar, which fall on the way to the bus stand. He went to police officials later and informed that he knew some facts about the case and he was guided to make a statement to the police. 17. The prosecution further examined PW-10 Udik Chand, retired SI, who went to the house of deceased Iqbal Singh along with the complainant and inspected the spot and prepared a rough site plan and recorded the statements of the witnesses. Rimpal Deep (PW-2) and other children of the deceased had pointed out the various situations at the spot. 18. The prosecution further examined PW-11 Head Constable Baljinder Singh, whose testimony was formal in nature.
PW-12 Jagmohan Singh, DSP, was posted as SHO and he had made the entry Ex. PS relating to the recovery of the jeep in the present case. Sunitinder Singh @ Sunny son of Iqbal Singh (since deceased) appeared as PW-13 and he stated that the police found two pairs of shoes belonging to his parents, which were lying outside the door of the chaubara (first floor). One pair belonged to his father Iqbal Singh, whereas other pair of shoes belonged to his mother and the same were taken into possession by the police. The prosecution further examined PW-14 ASI Ravel Singh, in whose presence the spot was MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
inspected and two pairs of shoes were recovered from there. Beant Singh, ASI, who had prepared the challan, was examined as PW-15 in the present case. The prosecution further examined PW-16 Dilbagh Singh, DSP, who inspected the spot and found two pairs of shoes there. The shoes were later on identified by Sunny (PW-13) of his mother and father, i.e., both the deceased. He had also conducted part of the investigation in the present case.The prosecution further examined Hardayal Singh, Reader, CJM Faridkot, who proved on record certain orders, whereby Mela Singh was made an approver in the present case. The prosecution further examined PW-18 Surinder Singh, HC and PW-19 Subhdev Singh, HC and their statements were formal in nature. PW-20 Babu Lal, ASI, had recorded the statement Ex.DK of Yadwinder Singh (PW-7). Even, the dead bodies of two persons were taken out from the canal in his presence and the same were identified by Tasvinder Singh and Yadwinder Singh. The dead body of Harinder Kaur was identified from her clothes, whereas the dead body of Iqbal Singh was identified from his kara (bangle). Thereafter, both the dead bodies were sent for postmortem examination. 19.
After closure of prosecution evidence, the entire incriminating evidence was put to the appellants in the shape of their statements under Section 313 Cr.P.C. and all the appellants stated that they had been falsely involved in the present case. The prosecution witnesses were close relatives and they had been falsely involved in the present case. In their defence, the appellants did not examine any witness. 20. Learned counsel for the appellants vehemently argued that in the present case, the prosecution has placed heavy reliance on the statement MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
- of PW-1 Mela Singh, who turned approver in the present case. However, from the testimony of PW-1 Mela Singh, it is apparent that he was convicted in a murder case and in another case under the Arms Act. Apart from that, even the story projected by PW-1 Mela Singh was highly improbable and unbelievable. Even otherwise, the law is well settled that the statement of an approver should not be believed, in absence of some corroboration by way of independent evidence. In the present case, there was no corroboration of the testimony of PW-1 Mela Singh and his statement has been wrongly relied upon to convict the appellants. Still further, even PW-2 Rimpal Deep Singh and PW-13 Sunitinder Singh alias Sunny were introduced in the present case as witnesses. Even PW-2 Rimpal Deep stated that his parents had left on 22.05.1996 from for the Dera of appellant No.1. Even he had shared this information with his family members including Gurdev Singh, his grandfather. However, Gurdev Singh in the FIR Ex.PF/1 did not raise any suspicion towards the appellants. Even Yadwinder Singh (PW-7) stated that he had told Gurdev Singh about the fact that both the deceased had gone to Dera of appellant No.1 on 22.05.1996.
Still, from a perusal of the FIR, it is apparent that there is no reference to the visit of both deceased to the Dera of appellant No.1. Even, it has been stated that two dead bodies that is of Iqbal Singh and Harinder Kaur were found from canal in two bags. However, from a perusal of the statement of PW-8 Dr. Basant Lal Sirohiwal, who conducted the postmortem examinations on both the dead bodies, it was apparent that both the dead bodies were of two females. PW-7 Yadwinder Singh, brother of Harinder Kaur, had identified one dead body to be of Iqbal Singh, whereas the other as that of Harinder Kaur. However, as per PW-8 MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
. Dr. Basant Lal, the facial features of both the dead bodies were already putrefied and were not identifiable. He even identified the dead body of a female as Iqbal Singh (since deceased). Thus, the medical evidence in the present case completely demolishes the case of the prosecution. Still further, the prosecution introduced Sukhdev Singh, another witness of the alleged occurrence. He stated that he had witnessed the occurrence on 22.05.1996, however, till 17.06.1996, he did not disclose it to anyone. Even, he stated that he knew the family of the deceased and also knew both the deceased properly, still he did not bother to inform the family members of the deceased about the incident. Still further, it was alleged that the deceased were given some intoxicating substance in the tea and after consuming it, both the deceased had become unconscious. However, as per the FSL report Ex.PL, no common poison could be detected in the viscera of both of the deceased. Even PW-8 Dr.
Basant Lal Sirohiwal also stated that no common poison could be detected in the dead bodies and even cause of death could not be ascertained in the case of both the dead bodies. Thus, it is apparent that the evidence was manipulated to ensure the false implication of both the appellants. 21. On the other hand, learned counsel appearing on behalf of the State vehemently opposed the submissions made by the appellants on the ground that there was definite evidence, which proves the involvement of all the appellants in the crime. Even appellant No.1 was having a close and intimate relationship with Chhinder Kaurb and Chhinder Kaur owed some money to Iqbal Singh (since deceased). Iqbal Singh and Harinder Kaur were pressurizing Chhinder Kaur to pay money to them and due to the said MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
! reason, appellant No.1, in collusion with appellants No.2 and 3 and Mela Singh, had eliminated both of them. Even, he referred to the findings recorded by the trial Court and prayed for upholding the judgment passed by the trial court. 22. We have heard the learned counsel for the parties and perused the record of the case carefully. 23. In the present case, the prosecution case is primarily based on the testimony of PW-1 Mela Singh, an approver. In fact, Hon’ble the Supreme Court in the matter of Chandra Prakash versus State of Rajasthan, 2014(3) RCR(Criminal) 274, has laid down the principles, which relate to acceptance of the evidence of an approver in a criminal trial and held as follows:
“38. Having stated the legal position with regard to the statutory provisions, presently we shall proceed to consider the requisite tests to be applied to accept the credibility of the testimony of the approver.
At this juncture, we may sit in a time machine and quote a passage from Sarwan Singh S/o Rattan Singh v. State of Punjab, AIR 1957 Supreme Court 637 wherein it has been held as follows:-
"...An accomplice is undoubtedly a competent witness under the Indian Evidence Act. There can be, however, no doubt that the very fact that he has participated in the commission of the offence introduces a serious stain in his evidence and Courts are naturally reluctant to act on such tainted evidence unless it is corroborated in material particulars by other independent evidence. It would not be right to expect that such independent corroboration should cover the whole of the prosecution story or even all the material particulars. If such a view is adopted it would render the evidence of the accomplice wholly superfluous. On the other hand, it would not be safe to act upon MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
such evidence merely because it is corroborated in minor particulars or incidental details because, in such a case, corroboration does not afford the necessary assurance that the main story disclosed by the approver can be reasonably and safely accepted as true. But it must never be forgotten that before the court reaches the stage of considering the question of corroboration and its adequacy or otherwise, the first initial and essential question to consider is whether even as an accomplice the approver is a reliable witness. If the answer to this question is against the approver then there is an end of the matter, and no question as to whether his evidence is corroborated or not falls to be considered. In other words, the appreciation of an approver's evidence has to satisfy a double test.
His evidence must show that he is a reliable witness and that is a test which is common to all witnesses. If this test is satisfied the second test which still remains to be applied is that the approver's evidence must receive sufficient corroboration. This test is special to the cases of weak or tainted evidence like that of the approver. 8...Every person who is a competent witness is not a reliable witness and the test of reliability has to be satisfied by an approver all the more before the question of corroboration of his evidence is considered by criminal courts". 39. In Ravinder Singh v. State of Haryana, (1975) 3 SCC 742, this Court has observed that :-
"An approver is a most unworthy friend, if at all, and he, having bargained for his immunity, must prove his worthiness for credibility in court. This test is fulfilled, firstly, if the story he relates involves him in the crime and appears intrinsically to be a natural and probable catalogue of events that had taken place. Secondly, once that hurdle is crossed, the story given by an approver so far as the accused on trial is concerned, must implicate him in such a manner as to give rise to a conclusion of guilt beyond reasonable doubt." MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
40. Similar principles have been reiterated in Mrinal Das and Ors. v. State of Tripura, 2012(1) RCR (Criminal) 247 : AIR 2011 Supreme Court 3753. 41. In A. Devendran v. State of T.N., 1998(1) RCR (Criminal) 440 : (1997) 11 SCC 720, the Court has registered the view that there cannot be any dispute with regard to the proposition that ordinarily an approver's statement has to be corroborated in material particulars. Certain clinching features of involvement disclosed directly to an accused by an approver must be tested qua each accused from independent credible evidence and on being satisfied, the evidence of an approver can be accepted.
The Court further observed that the extent of corroboration that is required before the acceptance of the evidence of the approver would depend upon the facts and circumstances of the case, however, the corroboration required must be in material particulars connecting each of the accused with the offence, or in other words, the evidence of the approver implicating several accused persons in the commission of the offence must not only be corroborated generally but also qua each accused but that does not mean that there should be independent corroboration of every particular circumstance from an independent source. The court proceeded to state that all that is required is that there must be some additional evidence rendering it probable that the story of the accomplice is true and the corroboration could be both by direct or circumstantial evidence. Be it noted, the said principle was stated on the basis of pronouncements in Ramanlal Mohanlal Pandya v. State of Bombay, AIR 1960 Supreme Court 961, Tribhuvan Nath v. State of Maharashtra, (1972)3 SCC 511, Sarwan Singh v. State of Punjab (supra), Ram Narain v. State of Rajasthan, (1973)3 SCC 805 and Balwant Kaur v. Union Territory of Chandigarh, 1988(1) RCR (Criminal) 60 : (1988)1 SCC 1. 42. In Chandan and another v. State of Rajasthan, 1988(2) RCR (Criminal) 83 : (1988)1 SCC 696, the Court held that so MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
far as the question about the conviction based on the testimony of the accomplice is concerned, the law is settled and it is established as a rule of prudence that the conviction could only be based on the testimony of the accomplice if it is thought reliable as a whole and if it is corroborated by independent evidence either direct or circumstantial, connecting the accused with the crime. 43.
43. In Haroon Haji Abdulla v. State of Maharashtra, AIR 1968 Supreme Court 832, the view in this regard was expressed in the following terms :-
"An accomplice is a competent witness and his evidence could be accepted and a conviction based on it if there is nothing significant to reject it as false. But the rule of prudence, ingrained in the consideration of accomplice evidence, requires independent corroborative evidence first of the offence and next connecting the accused, against whom the accomplice evidence is used, with the crime."
24. From the above referred principles of law, it is apparent that the court should first consider the evidence of approver de hors the corroborated pieces of evidence and reject it if it comes to the conclusion that his evidence is unreliable. However, if the evidence of approver is found to be reliable, then the court will have to consider whether the testimony of approver is corroborated by any other evidence. Apart from that, it must also be shown that the approver had a clean track record also and should not be a suspicious character. 25. In the present case, Mela Singh, approver, appeared as PW-1. He stated that Harinder Kaur and Iqbal Singh came to the Dera of Appellant No. 1, where appellants No. 2 to 4 were also present. After reaching there, both Iqbal Singh and Harinder Kaur were offered tea, which was specially kept by appellant No. 1 in a thermos. After taking tea, both Iqbal Singh and MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
Harinder Kaur started losing their senses and their eyes were closed. Taking advantage of their unconsciousness, the hands and legs of both the deceased were held by four accused and appellant No. 1 had strangulated both of them to death. However, the testimony of PW-1 Mela Singh, approver, was not corroborated by the report prepared by Chemical Examiner Ex. PL. As per the report of Chemical Examiner received from the FSL Madhuban, no common poison could be detected in the viscera. Even the testimony of PW- 1 Mela Singh is further demolished by the statement of PW-8 Dr. Basant Lal Sirohiwal, who had conducted the postmortem on both the dead bodies.
The said witness also categorically stated that after seeing the chemical analysis report Ex.PL, no common poison could be detected in the viscera sent for chemical analysis. Thus, the very basis of the story did not find corroboration from the medical evidence. Even as per the medical evidence, the cause of death could not be ascertained by PW-8 Basant Lal Sirohiwal. However, when he examined the neck area of both the dead bodies, there were no signs of strangulation on the dead bodies of deceased. This clearly proves that PW-1 Mela Singh, was introduced by the police just to project a false story in the present case. 26. Apart from that, even it appeared that PW-1 Mela Singh is a suspicious character. In his cross-examination, he admitted that he was sentenced to undergo life imprisonment in a murder case and he came out of the jail in the year 1987, after completing the sentence. Even he was convicted and sentenced in a case under Arms Act as well. Now it is apparent that PW-1 Mela Singh was already a hardened criminal and his testimony had to be viewed with suspicion by the trial Court. Still further, MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
even it has been projected that after killing Iqbal Singh and Harinder Kaur, their dead bodies were packed by appellants No. 1 to 4 in two separate bags and were thrown in Rajasthan Canal. After the dead bodies were recovered, the same were identified by PW-7 Yadwinder Singh, who is brother of Harinder Kaur (since deceased) and brother-in-law of Iqbal Singh (since deceased). He stated that he had duly identified both the dead bodies to be of Harinder Kaur and Iqbal Singh. However, the entire prosecution case was demolished by the testimony of PW-8 Dr. Basant Lal Sirohiwal in the present case.
When he opened the bag to conduct the postmortem examination on the dead body of Iqbal Singh, it was found to be a body of a female. In his testimony, he stated that the labia majora was identifiable and the dead body was of a female. Even the breast was identified. The mandible was typically female. Even the head and skull were typically female. Neck, chest, hyoid bone were intact. The trachea and larynx were decomposed and jumbled up. No ante-mortem injury was seen on the dead body. He further stated that the dead body sent for postmortem examination was of a female and not of a male, as stated in the inquest papers. Even cause of death could not be ascertained in the present case. He also conducted the postmortem examination on the dead body of Harinder Kaur and again found it to be a highly decomposed body. Even from the dead body, the cause of death could not be ascertained. However, it appears from the postmortem that the neck area of the dead body was intact and there were no chances of strangulation. In his cross-examination, PW-8 Dr. Basant Lal admitted that the dead bodies were at advanced stage of decomposition, having facial features putrefied and were not identifiable. However, they could be identified by belongings. MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
, He conducted the postmortem of Iqbal Singh (which was found to be a dead body of a female), which was having only one kara (bangle) as a belonging and the dead body was naked. Thus, it is apparent that even the dead bodies of Iqbal Singh and Harinder Kaur were wrongly identified by Yadwinder Singh PW-7 and even the story of strangulation appeared to be false, as per the medical evidence. Even the medical evidence also proved that no tea laced with intoxicants was served to the deceased. 27.
Still further, even otherwise, the story of the prosecution appears to be highly improbable and unbelievable. The criminal prosecution was launched in the present case on the basis of the statement made by Gurdev Singh, father of Iqbal Singh (since deceased) and father-in-law of Harinder Kaur (since deceased). He stated that he reported the matter to the police for the first time on 3rd June 1996 and stated that his son Iqbal Singh and Harinder Kaur had left in a Maruti Car in the morning on 22.05.1996. He suspected that his son Iqbal Singh and his wife Harinder Kaur had been kidnapped by some unknown person intentionally and they had been kept somewhere secretly. However, Rimpal Deep, son of both the deceased, appeared as PW-2. He tried to implicate the appellants by stating that his parents, i.e., both the deceased had visited appellant No. 1 on 20.05.1996 and 21.05.1996 and on both the occasions, they had returned home. At about 6:00 am on 22.05.1996, he woke up and saw that his parents were leaving for the Dera of appellant of No. 1. Even, Harinder Kaur received a phone call from appellant No. 1, who stated that he would be returning money to her and this was also shared by her with Rimpal Deep PW-2. Another son of both the deceased, Sunitinder Pal was examined as PW-13. He also deposed MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
on similar lines and submitted that he knew that his parents had left for the Dera of appellant No. 1 in the early morning on 22.05.1996. In fact, it appears that both the witnesses had tried to improve the case of prosecution by projecting a false story in the present case and their testimonies are liable to be discarded.
In fact, initially the report was lodged by Gurdev Singh, grandfather of PW-2 Rimpal Deep and PW-13 Sunitinder Singh, by making a statement on 03.06.1996, Ex.PF and he had not raised any suspicion on anyone and simply stated that his son Iqbal Singh and his daughter-in-law Harinder Kaur had been detained by someone illegally. If PW-2 Rimpal Deep and PW-13 Sunitinder Singh were aware of the visit of their parents to the Dera of appellant No.1, they would have definitely shared the information with Gurdev Singh, complainant, who was their grandfather. 28. Moreover, even Yadwinder Singh, brother of Harinder Kaur and brother-in-law of Iqbal Singh was also introduced as a false witness in the present case. He had also deposed on similar lines and stated that he had told Gurdev, complainant, about the visit of both the deceased to the Dera of appellant No.1. However, Gurdev Singh in his initial statement did not refer to the visit of both the deceased to the Dera of appellant No.1. Apart from that, the police also introduced another witness PW-3 Bachan Singh, who stated that about three years and four months ago, appellants No. 1 to 3 had come to his village and confessed their guilt. They stated that they had committed the murder and requested him to produce them before the police. He told the accused to come to Muktsar on the next day, but they never turned up. The said witness was admittedly illiterate and did not wield any MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
- influence in the society. Even he was not even known to appellant No. 1. The trial court also noticed that the said witness was deposing before the court, on being prompted by the Public Prosecutor. Still further, he did not give any date or time, when all the appellants No.1 to 3 came to him. Even otherwise, he was an illiterate rustic villager of a different village and appellants No. 1 to 3 had no reason to travel a distance of 25 miles from their village to confess their crime before him.
Thus, it appears that all the witnesses were introduced by the prosecution, with a view to ensure the false implication of the appellants. Even otherwise, we have carefully perused the investigation conducted by various prosecution witnesses in the present case. It appears that the investigation in the present case is apparently tainted and every attempt was made to introduce false witnesses, who were closely related with the deceased. In fact, the law is well settled that the statements of such interested witnesses should be scrutinized by the court carefully and with circumspection. Even the manner in which the alleged occurrence is stated to have taken place and the participation of the appellants in the crime was highly suspicious. Even the prosecution failed to prove the motive for commission of the crime. Even it has been stated that Chhhinder Kaur had close and intimate relationship with appellant No. 1 and she owed some money to Iqbal Singh. However, Chhinder Kaur was neither arrayed as an accused in the present case nor she was cited as a witness in the present case. Apart from that, there was no documentary evidence to show that Iqbal Singh had advanced any money to Chhinder Kaur and the entire prosecution story appears to be doubtful. MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh
. 29. From the above discussion, it is apparent that the evidence led by the prosecution was not only scanty and scattered, but also a futile attempt has been made to manipulate and fabricate the evidence against the present appellants. Even, by procuring two dead bodies of two females, the police had falsely involved the appellants in the present case. Thus, the impugned judgment of conviction and order of sentence dated 01.03.2004 passed by the learned Additional Sessions Judge (Ad hoc), Fast Track Court, Faridkot are legally unsustainable.
As a consequence, the present appeal succeeds and the impugned judgment of conviction and order of sentence dated 01.03.2004 are set aside. 30. This Court records its appreciation for $!," # 6%%2 '*%3 # 78+3!$!,+ 2 who has rendered able assistance to the Court on behalf of appellant No.4. Her fee is assessed Rs.20,000/- which shall be paid by the Secretary, High Court Legal Services Committee. 31. The case property, if any, may be dealt with as per rules. 32. Trial Court record be sent back to the trial Court. 55 "'+"6 +3 #+%"$2+4 "=2 , '+$ %$ '%42 33%,'+"6 =
$% %"
! 8>$ @0 #0 , >+"67 $%" 'A B 7 @0 #0 , %,# ) A B 7 MUKESH KUMAR SALUJA 2026.04.22 10:36 I attest to the accuracy and integrity of this document High Court Chandigarh