CRA-D-468-DB-2004 (O&M) IN THE HIGH COURT Gurdev Singh State of Punjab CORAM: Present: GURVINDER SINGH GILL, J. 1. Appellant No.2 learned Sessions Judge holding him 324/34 IPC, sentenced him Offence 302/34 IPC 324/34 IPC 2. It may here be appellants namely Gurdev Singh, Kulwant Singh and Kashmir Singh @ Billa but on account of death of Gurdev Singh and Kashmir Singh @ Billa proceedings qua the said two accused/appellants stand (O&M) ( 1 ) IN THE HIGH COURT FOR THE STATES AT CHANDIGARH CRA Date of Decision: Singh & others Versus State of Punjab HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI Mr. Manvinder Singh Sidhu, Advocate, for the appellants. Mr. Sidharth Attri, AAG, Punjab. GURVINDER SINGH GILL, J. Appellant No.2 - Kulwant Singh assails judgment dated Sessions Judge (Ad hoc), Amritsar holding him guilty of having committed offence under Section , sentenced him as under: Offence Imprisonment 302/34 IPC Life imprisonment 24/34 IPC RI for 1 year ere be mentioned that while the instant appeal was filed by three appellants namely Gurdev Singh, Kulwant Singh and Kashmir Singh @ Billa but on account of death of Gurdev Singh and Kashmir Singh @ Billa proceedings qua the said two accused/appellants stand FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH CRA-D-468-DB-2004 (O&M) ate of Decision: 13.05.2025 … Appellants ... Respondent HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI Manvinder Singh Sidhu, Advocate, for the appellants. AAG, Punjab. judgment dated 12.12.2003 passed by Amritsar, whereby the trial Court while guilty of having committed offence under Sections 302/34 and Fine Life imprisonment Rs.5000/-. In default of fine, to undergo RI for 6 months - mentioned that while the instant appeal was filed by three appellants namely Gurdev Singh, Kulwant Singh and Kashmir Singh @ Billa but on account of death of Gurdev Singh and Kashmir Singh @ Billa, the proceedings qua the said two accused/appellants stand abated vide separate passed by the trial Court while /34 and mentioned that while the instant appeal was filed by three appellants namely Gurdev Singh, Kulwant Singh and Kashmir Singh @ Billa, , the abated vide separate VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) order dated appellant No.2 3. The matter arises out of FIR No. Station Valtoha instance of (Ex.PA) leading to lodging of FIR “I am resident of village Toot and have two sons and five daughters all of whom are married. I reside with my eldest son Gurnam Singh, aged about 50 years. Singh. Our land is situated at a lev whenever Billa used to irrigate his land, water used to flow towards our land damaging our crops. Yesterday land of Billa entered our fields, my son Gurnam Singh proteste same 6.00-6.30 PM, my son Gurnam Singh went towards our wheat fields and I alongwith my daughter carrying a torch armed with a spear armed with a spear, Amrik Singh armed with a spear and Kulwant Singh armed with a lalkara objection to my son Gurnam Singh hitting three blows with his spear hitting Gurnam Singh on his left flank and on his chest. Amrik Singh gave two blows with spear hitting Gurnam Singh on his head. Kulwant Singh gave three I and my daughter Singh and Kulwant Singh gave blows with their weapons to my son on his neck and on other parts. My son was seriously injured. When in-law Ninder Kaur stepped forward to rescue her husband, inflicted a blow with spear to her and then removed the shirt of Gurnam Singh and tied him with the same and dragged him to their ‘ (O&M) ( 2 ) order dated 06.05.2025 and as such, the instant appeal survives only qua appellant No.2 – Kulwant Singh. matter arises out of FIR No.12 dated Valtoha, under Sections 302, 307, 201, 34 instance of Gurmej Kaur. The translated gist of leading to lodging of FIR reads as under: I am resident of village Toot and have two sons and five daughters all of whom are married. I reside with my eldest son Gurnam Singh, aged about 50 years. Adjoining to our land, there is land of Billa son of Singh. Our land is situated at a level lower than the land of Billa and thus whenever Billa used to irrigate his land, water used to flow towards our land damaging our crops. Yesterday also i.e. land of Billa entered our fields, my son Gurnam Singh proteste to which Billa replied that we may do whatever we wish 6.30 PM, my son Gurnam Singh went towards our wheat fields and I alongwith my daughter-in-law Ninder Kaur also followed him. I was carrying a torch. When my son Gurnam Singh entered our fields, then Billa armed with a spear, Gurdev Singh armed with a armed with a spear, Amrik Singh armed with a spear and Kulwant Singh armed with a kirpan suddenly emerged from the wheat fields. Billa raised a lalkara that Gurnam Singh be not spared and be taught a lesson objection against irrigating his land. Gurdev Singh gave a blow with to my son Gurnam Singh hitting him on his left flank. Darbara three blows with his spear hitting Gurnam Singh on his left flank and on his chest. Amrik Singh gave two blows with spear hitting Gurnam Singh on his head. Kulwant Singh gave three kirpan blows to Gurnam Singh on his waist. I and my daughter-in-law raised alarm ‘ Singh and Kulwant Singh gave blows with their weapons to my son on his neck and on other parts. My son was seriously injured. When law Ninder Kaur stepped forward to rescue her husband, inflicted a blow with spear to her and injured her as well. All the accused then removed the shirt of Gurnam Singh and tied him with the same and dragged him to their ‘Behak’ (sitting area) such, the instant appeal survives only qua dated 12.02.2002 registered at Police 307, 201, 34 IPC (Ex.PA/2) at the The translated gist of Gurmej Kaur’s statement as under: I am resident of village Toot and have two sons and five daughters all of whom are married. I reside with my eldest son Gurnam Singh, aged about Adjoining to our land, there is land of Billa son of Mukhtiar el lower than the land of Billa and thus whenever Billa used to irrigate his land, water used to flow towards our land i.e. on 11.02.2002 when water from the land of Billa entered our fields, my son Gurnam Singh protested against the that we may do whatever we wish. At about 6.30 PM, my son Gurnam Singh went towards our wheat fields and I law Ninder Kaur also followed him. I was Gurnam Singh entered our fields, then Billa , Gurdev Singh armed with a Takua, Darbara Singh armed with a spear, Amrik Singh armed with a spear and Kulwant Singh suddenly emerged from the wheat fields. Billa raised a that Gurnam Singh be not spared and be taught a lesson for raising Gurdev Singh gave a blow with Takua on his left flank. Darbara Singh gave three blows with his spear hitting Gurnam Singh on his left flank and on his chest. Amrik Singh gave two blows with spear hitting Gurnam Singh on his blows to Gurnam Singh on his waist. law raised alarm ‘Mar Ditta - Mar Ditta’. Gurdev Singh and Kulwant Singh gave blows with their weapons to my son on his neck and on other parts. My son was seriously injured. When my daughter law Ninder Kaur stepped forward to rescue her husband, then Billa injured her as well. All the accused then removed the shirt of Gurnam Singh and tied him with the same and ’ (sitting area). I and my daughter-in-law such, the instant appeal survives only qua registered at Police at the statement I am resident of village Toot and have two sons and five daughters all of whom are married. I reside with my eldest son Gurnam Singh, aged about Mukhtiar el lower than the land of Billa and thus whenever Billa used to irrigate his land, water used to flow towards our land when water from the against the . At about 6.30 PM, my son Gurnam Singh went towards our wheat fields and I law Ninder Kaur also followed him. I was Gurnam Singh entered our fields, then Billa , Darbara Singh armed with a spear, Amrik Singh armed with a spear and Kulwant Singh suddenly emerged from the wheat fields. Billa raised a for raising Takua Singh gave three blows with his spear hitting Gurnam Singh on his left flank and on his chest. Amrik Singh gave two blows with spear hitting Gurnam Singh on his blows to Gurnam Singh on his waist. . Gurdev Singh and Kulwant Singh gave blows with their weapons to my son on his my daughter- then Billa injured her as well. All the accused then removed the shirt of Gurnam Singh and tied him with the same and law VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) followed them while raising gave a and slit his wind pipe as a result of which Gurnam Thereafter, all the assailants ran away from the spot with respective weapons. My daughter treatment of her injuries by Sukha Singh dead body. I alongwi proceeding to the police station when you met me. We could not inform during night, as it was dark. The motive is that my son had been objecting to flow of water in our fields from the fields of accused. A 4. The aforesaid statement (Ex.PA) was recorded by Gurmej Kaur (complainant) and Baj Singh met him at bus recording the statement, the same was sent to the police station for lodging of an FIR and SI Piara Singh himself proceeded to the place of occurrence alongwith Gurmej Singh and Baj Singh i.e. @ Billa. Inquest proceed collected from the spot i.e. from ‘ fields of Gurnam Singh (deceased) sent for post Ransher Singh 18.02.2002. As per the case of prosecution, they were Takua, which were taken into possession by the police. Accused Kashmir Singh was arrested on Amrik Singh was arrested on 5. Upon conclusion of investigation, challan was presented against aforesaid four accused i.e. Singh on 11.05.2002 who committed the case to the Court of Sessions, where charges were framed (O&M) ( 3 ) followed them while raising hue and cry. In our presence, Kulwant Singh gave a kirpan blow and Billa gave a spear blow and slit his wind pipe as a result of which Gurnam Thereafter, all the assailants ran away from the spot with respective weapons. My daughter-in-law Ninder Kaur was taken to hospital for treatment of her injuries by Sukha Singh dead body. I alongwith Baj Singh, father proceeding to the police station when you met me. We could not inform during night, as it was dark. The motive is that my son had been objecting to flow of water in our fields from the fields of accused. A The aforesaid statement (Ex.PA) was recorded by Gurmej Kaur (complainant) and Baj Singh met him at bus recording the statement, the same was sent to the police station for lodging of an FIR and SI Piara Singh himself proceeded to the place of occurrence alongwith Gurmej Singh and Baj Singh i.e. . Inquest proceedings were conducted. Blood stained earth collected from the spot i.e. from ‘Behak’ of Kashmir Singh and also from the fields of Gurnam Singh (deceased). The dead body of Gurnam Singh was sent for post-mortem examination through ASI Pritam Singh Ransher Singh. Accused Gurdev Singh and Kulwant Singh were arrested on . As per the case of prosecution, they were , which were taken into possession by the police. Accused Kashmir Singh was arrested on 20.02.2002 while he was carrying a spear. Accused Amrik Singh was arrested on 27.02.2002. Upon conclusion of investigation, challan was presented against aforesaid four accused i.e. Amrik Singh, Gurdev Singh, Kulwant Singh and Kashmir 11.05.2002 in the Court of Sub Divisional Judicial Magistrate, who committed the case to the Court of Sessions, where charges were framed hue and cry. In our presence, Kulwant Singh a spear blow to my son Gurnam Singh and slit his wind pipe as a result of which Gurnam Singh died at the spot. Thereafter, all the assailants ran away from the spot with respective law Ninder Kaur was taken to hospital for treatment of her injuries by Sukha Singh. Bachan Singh was left near the th Baj Singh, father-in-law of Gurnam Singh was proceeding to the police station when you met me. We could not inform during night, as it was dark. The motive is that my son had been objecting to flow of water in our fields from the fields of accused. Action be taken.” The aforesaid statement (Ex.PA) was recorded by PW-4 SI Piara Singh when Gurmej Kaur (complainant) and Baj Singh met him at bus-stop. After recording the statement, the same was sent to the police station for lodging of an FIR and SI Piara Singh himself proceeded to the place of occurrence alongwith Gurmej Singh and Baj Singh i.e. to the ‘Behak’ of Kashmir Singh ings were conducted. Blood stained earth was of Kashmir Singh and also from the . The dead body of Gurnam Singh was mortem examination through ASI Pritam Singh and Constable Singh and Kulwant Singh were arrested on . As per the case of prosecution, they were carrying kirpan and , which were taken into possession by the police. Accused Kashmir while he was carrying a spear. Accused Upon conclusion of investigation, challan was presented against aforesaid Amrik Singh, Gurdev Singh, Kulwant Singh and Kashmir in the Court of Sub Divisional Judicial Magistrate, Patti who committed the case to the Court of Sessions, where charges were framed hue and cry. In our presence, Kulwant Singh to my son Gurnam Singh Singh died at the spot. Thereafter, all the assailants ran away from the spot with respective law Ninder Kaur was taken to hospital for Bachan Singh was left near the was proceeding to the police station when you met me. We could not inform during night, as it was dark. The motive is that my son had been objecting to when After recording the statement, the same was sent to the police station for lodging of an FIR and SI Piara Singh himself proceeded to the place of occurrence ’ of Kashmir Singh was of Kashmir Singh and also from the . The dead body of Gurnam Singh was and Constable Singh and Kulwant Singh were arrested on and , which were taken into possession by the police. Accused Kashmir while he was carrying a spear. Accused Upon conclusion of investigation, challan was presented against aforesaid Amrik Singh, Gurdev Singh, Kulwant Singh and Kashmir Patti, who committed the case to the Court of Sessions, where charges were framed VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) against them for offences punishable under Sections 302 on 07.08.2002 6. Subsequently, prosecution, the trial. Upon accused on 7. The prosecution in order to establish its case examined as many as The gist of their testimonies is PW-1 Dr. legally examined Narinder Kaur wherein he described 4 injuries found on her person. Singh further stated that on the same day, he alongwith Dr. Gupta Gur described 16 injures found on the dead body and opined that cause of death in this case was on account of injuries No. & 12 nature. PW-2 Gurmej Kaur incident in the same manner, as the time of lodging of FIR. PW-3 Narinder Kaur @ Ninder eye- PW PW-4 SI Piara complainant with regard to the investigation conducted by him in the matter including inquest proceedings. He proved various document and memos pr (O&M) ( 4 ) against them for offences punishable under Sections 302 07.08.2002 to which he pleaded not guilty and claimed trial. Subsequently, upon an application under Section 319 Cr.P.C. prosecution, the accused Darbara Singh was Upon securing his presence, fresh charges were framed against all the accused on 08.05.2003 for offences under Section The prosecution in order to establish its case examined as many as The gist of their testimonies is being briefly referred Sukhwinder Singh stated that on 12.02.2002, he legally examined Narinder Kaur. He wherein he described 4 injuries found on her person. Singh further stated that on the same day, he alongwith Dr. Gupta had conducted post-mortem examination on the dead body of Gurnam Singh. While proving the post described 16 injures found on the dead body and opined that cause of death in this case was on account of injuries No. & 12, which were sufficient to cause death in ordinary course of nature. Gurmej Kaur, who is the complainant in the present case, narrated the incident in the same manner, as had the time of lodging of FIR. Narinder Kaur @ Ninder, wife of the deceased, who is an injured -witness, narrated the incident in the same manner as narrated by PW-2 Gurmej Kaur (complainant). Piara Singh stated that he had recorded the statement Ex.PA of complainant – Gurmej Kaur leading to lodging of FIR with regard to the investigation conducted by him in the matter including inquest proceedings. He proved various document and memos prepared during the course of investigation. He specifically against them for offences punishable under Sections 302/34 and 324/34 IPC guilty and claimed trial.. an application under Section 319 Cr.P.C. moved by accused Darbara Singh was ordered to be summoned to face presence, fresh charges were framed against all the 08.05.2003 for offences under Section 148/302/324/149 IPC. The prosecution in order to establish its case examined as many as 10 PWs being briefly referred to herein under:- stated that on 12.02.2002, he had medico . He proved her MLR as Ex.PB, wherein he described 4 injuries found on her person. Dr. Sukhwinder Singh further stated that on the same day, he alongwith Dr. Ashish mortem examination on the dead body of Singh. While proving the post-mortem report as Ex.PC, he described 16 injures found on the dead body and opined that the cause of death in this case was on account of injuries No.7, 9, 10, 11 , which were sufficient to cause death in ordinary course of , who is the complainant in the present case, narrated the d been stated by her to the police at , wife of the deceased, who is an injured witness, narrated the incident in the same manner as narrated by stated that he had recorded the statement Ex.PA of Gurmej Kaur leading to lodging of FIR. He stated with regard to the investigation conducted by him in the matter including inquest proceedings. He proved various document and epared during the course of investigation. He specifically IPC moved by ordered to be summoned to face presence, fresh charges were framed against all the PWs. medico proved her MLR as Ex.PB, Dr. Sukhwinder Ashish mortem examination on the dead body of , he the 7, 9, 10, 11 , which were sufficient to cause death in ordinary course of , who is the complainant in the present case, narrated the been stated by her to the police at , wife of the deceased, who is an injured witness, narrated the incident in the same manner as narrated by stated that he had recorded the statement Ex.PA of . He stated with regard to the investigation conducted by him in the matter including inquest proceedings. He proved various document and epared during the course of investigation. He specifically VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) stated with regard to arrest of accused Singh on Takua Singh on stated that Amrik Singh was arrested on completion of investigation, challan was presented by him against the accus PW-5 ASI Pritam Singh his affidavit Ex.PO, wherein he deposed that on 12.02.2002, while he was posted at Police Station Toot, him for getting the post accordingly got the needful done. PW-6 HC Ajmer Singh affidavit Ex.P posted as MHC in Police Station Valtoha and that case property i.e. one parcel of clothes and two parcels of blood stained handed over to him by MHC Sukhraj Singh while relinquishing the charge and that depositing the same in the office of Chemical Laboratory, Chandigarh the parcels remained in his possession, the same were not tampered with PW-7 Rishi the place of occurrence and proved the same as Exs.PR and PS. PW-8 HC affidavit Ex.P Ajmer Singh had handed over to him the parcel containing blood stained clothes Chandigarh and that on the next day i.e. same possession, the same were not tampered with (O&M) ( 5 ) stated with regard to arrest of accused Singh on 18.02.2002 and with regard to recovery of Takua from them. He also stated with regard to arrest of Kashmir Singh on 20.02.2002 and recovery of spear from him. He further stated that Amrik Singh was arrested on completion of investigation, challan was presented by him against the accused. ASI Pritam Singh, who is a formal witness, tendered into evidence his affidavit Ex.PO, wherein he deposed that on 12.02.2002, while he was posted at Police Station Toot, SI Piara Singh him and to Constable Ransher Singh for getting the post-mortem examination conducted and that he accordingly got the needful done. HC Ajmer Singh, who is a formal witness, tendered into evidence his affidavit Ex.PQ, wherein he deposed that on posted as MHC in Police Station Valtoha and that case property i.e. one parcel of clothes and two parcels of blood stained handed over to him by MHC Sukhraj Singh while relinquishing the charge and that he handed over the parce depositing the same in the office of Chemical Laboratory, Chandigarh, which he deposited in the the parcels remained in his possession, the same were not tampered with. Rishi Ram, Draftsman stated that he had prepared scaled site plans of the place of occurrence and proved the same as Exs.PR and PS. HC Subash Raj, who is a formal witness, tendered into evidence his affidavit Ex.PW-8/A, wherein he deposed that on 31.03.2002, jmer Singh had handed over to him the parcel containing blood stained clothes for depositing the same in the office of FSL, Punjab, Chandigarh and that on the next day i.e. same in the said office and that as long as the parcels remained in his possession, the same were not tampered with stated with regard to arrest of accused Gurdev Singh and Kulwant 18.02.2002 and with regard to recovery of Kirpan and . He also stated with regard to arrest of Kashmir 20.02.2002 and recovery of spear from him. He further stated that Amrik Singh was arrested on 27.02.2002 and that upon completion of investigation, challan was presented by him against the , who is a formal witness, tendered into evidence his affidavit Ex.PO, wherein he deposed that on 12.02.2002, while he SI Piara Singh had handed over to Constable Ransher Singh the dead body of Gurnam Singh mortem examination conducted and that he , who is a formal witness, tendered into evidence his he deposed that on 31.03.2002, he was posted as MHC in Police Station Valtoha and that case property i.e. one parcel of clothes and two parcels of blood stained soil were handed over to him by MHC Sukhraj Singh while relinquishing the he handed over the parcels to HC Subash Raj for depositing the same in the office of Chemical Laboratory, , which he deposited in the said office and that as long as the parcels remained in his possession, the same were not tampered Ram, Draftsman stated that he had prepared scaled site plans of the place of occurrence and proved the same as Exs.PR and PS. who is a formal witness, tendered into evidence his , wherein he deposed that on 31.03.2002, MHC jmer Singh had handed over to him the parcel containing blood for depositing the same in the office of FSL, Punjab, Chandigarh and that on the next day i.e. 01.04.2002, he deposited the and that as long as the parcels remained in his possession, the same were not tampered with Gurdev Singh and Kulwant and . He also stated with regard to arrest of Kashmir 20.02.2002 and recovery of spear from him. He further 27.02.2002 and that upon completion of investigation, challan was presented by him against the , who is a formal witness, tendered into evidence his affidavit Ex.PO, wherein he deposed that on 12.02.2002, while he had handed over to nam Singh mortem examination conducted and that he , who is a formal witness, tendered into evidence his 31.03.2002, he was posted as MHC in Police Station Valtoha and that case property i.e. were handed over to him by MHC Sukhraj Singh while relinquishing the ls to HC Subash Raj for depositing the same in the office of Chemical Laboratory, and that as long as the parcels remained in his possession, the same were not tampered Ram, Draftsman stated that he had prepared scaled site plans of who is a formal witness, tendered into evidence his MHC jmer Singh had handed over to him the parcel containing blood for depositing the same in the office of FSL, Punjab, , he deposited the and that as long as the parcels remained in his VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) PW-9 Constable Gurdev Singh evidence his affidavit Ex.PW 12.02.2002, SI/SHO reports of this case, which the same day at 10.05 AM. PW-10 HC Sukhraj Singh stated that he was posted as MHC Valtoha on deposited the case property of this case with him and upon his transfer on Ajmer Singh. 8. Upon closure of the prosecution evidence, statement recorded in terms of Section 313 Cr.P.C., wherein implication on account of their inimical relations with the complainant. accused, however, did not lead 9. The learned trial Court, upon accused Gurdev Singh, Kashmir Singh and Kulwant Singh (appellant No.2) guilty of having committed offence 324/34 IPC, whereas Amrik Singh and charges framed against them. 10. Learned counsel for judgment, submitted that account of enmity between the of water. It has been submitted that both the eye Kaur and PW deceased being mother and wife of the deceased and as suc to be independent witnesses. It has further been submitted that there is even delay in lodging of FIR inasmuch as the occurrence is stated to have taken (O&M) ( 6 ) Constable Gurdev Singh, who is a formal witness, tendered into evidence his affidavit Ex.PW-9/A, wherein he deposed that 12.02.2002, SI/SHO Piara Singh had handed over to him the special reports of this case, which he had delivered to the higher officers on the same day at 10.05 AM. HC Sukhraj Singh stated that he was posted as MHC Valtoha on 12.02.2002 and that on the said day, SI Piara Singh had deposited the case property of this case with him and upon his transfer on 08.03.2002, he had handed over the case property to MHC Ajmer Singh. Upon closure of the prosecution evidence, statement recorded in terms of Section 313 Cr.P.C., wherein implication on account of their inimical relations with the complainant. , however, did not lead any evidence in The learned trial Court, upon appraisal of Gurdev Singh, Kashmir Singh and Kulwant Singh (appellant No.2) guilty of having committed offences punishable under Sections 302/34 and 324/34 IPC, whereas Amrik Singh and Darbara Singh were acquitted of the charges framed against them. Learned counsel for appellant – Kulwant Singh judgment, submitted that he has falsely been implicated in the present case on account of enmity between the complainant party and the accused due to flow of water. It has been submitted that both the eye Kaur and PW-3 Narinder Kaur @ Ninder are admittedly closely deceased being mother and wife of the deceased and as suc to be independent witnesses. It has further been submitted that there is even in lodging of FIR inasmuch as the occurrence is stated to have taken who is a formal witness, tendered into /A, wherein he deposed that Piara Singh had handed over to him the special he had delivered to the higher officers on HC Sukhraj Singh stated that he was posted as MHC at Police Station 12.02.2002 and that on the said day, SI Piara Singh had deposited the case property of this case with him and upon his 08.03.2002, he had handed over the case property to MHC Upon closure of the prosecution evidence, statements of all the accused were recorded in terms of Section 313 Cr.P.C., wherein they pleaded false implication on account of their inimical relations with the complainant. The any evidence in their defence. appraisal of evidence brought on record, held Gurdev Singh, Kashmir Singh and Kulwant Singh (appellant No.2) punishable under Sections 302/34 and Darbara Singh were acquitted of the Kulwant Singh, while assailing the impugned he has falsely been implicated in the present case on complainant party and the accused due to flow of water. It has been submitted that both the eye-witnesses i.e. PW-2 Gurmej are admittedly closely related to the deceased being mother and wife of the deceased and as such, cannot be said to be independent witnesses. It has further been submitted that there is even in lodging of FIR inasmuch as the occurrence is stated to have taken who is a formal witness, tendered into on Piara Singh had handed over to him the special he had delivered to the higher officers on at Police Station 12.02.2002 and that on the said day, SI Piara Singh had deposited the case property of this case with him and upon his 08.03.2002, he had handed over the case property to MHC were pleaded false The brought on record, held Gurdev Singh, Kashmir Singh and Kulwant Singh (appellant No.2) punishable under Sections 302/34 and Darbara Singh were acquitted of the impugned he has falsely been implicated in the present case on complainant party and the accused due to flow 2 Gurmej related to the h, cannot be said to be independent witnesses. It has further been submitted that there is even in lodging of FIR inasmuch as the occurrence is stated to have taken VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) place on 11.02.2002 at about 6.00 next day i.e. apparent that the family of the deceased had come out with a concocted version against the accused with whom they were nursing enmity. 11. Opposing the the occurrence was witnessed by two witnesses namely PW and PW-3 Narinder Kaur @ Ninder, mother and wife of the deceased, who are natural witnesses and in fact one of them i.e. P Ninder was herself injured in the occurrence, which would lend credibility to her statement as her presence stand submitted that the statements of both the said eye all material points and in the absence of any material to discredit them, there is no room to doubt the case of prosecution. 12. We have considered rival submissions addressed before this Court and with the assistance of learned counsel have also perused the record of the case. 13. It is apposite to first of all refer to the medical evidence led by the prosecution as regards injur as regards cause of death. Ashish Gupta of Gurnam Singh, has described the injuries found on “1. An incised wound 5 deep. 2. An incised wound 6 Underlying bone was cut. 3. An incised wound 8 cm bone (O&M) ( 7 ) place on 11.02.2002 at about 6.00 – 6.30 PM, the FIR came to be lodged the i.e. 12.02.2002 in the morning at about 4.30 AM and as such, it is apparent that the family of the deceased had come out with a concocted version against the accused with whom they were nursing enmity. Opposing the appeal, learned State counsel submitted that it is a case where occurrence was witnessed by two witnesses namely PW 3 Narinder Kaur @ Ninder, mother and wife of the deceased, who are natural witnesses and in fact one of them i.e. P was herself injured in the occurrence, which would lend credibility to her statement as her presence stands established. Learned State counsel has submitted that the statements of both the said eye l material points and in the absence of any material to discredit them, there is no room to doubt the case of prosecution. We have considered rival submissions addressed before this Court and with the assistance of learned counsel have also perused the record of the case. It is apposite to first of all refer to the medical evidence led by the prosecution as regards injuries found on the dead body of Gurnam Singh and as regards cause of death. PW-1 Dr. Sukhwinder Singh, who alongwith Dr. Ashish Gupta had conducted the post-mortem examination on the dead body of Gurnam Singh, has described the injuries found on An incised wound 5.0 x 1 cm on left perital region of scalp and was bone An incised wound 6 x 1 cm on top and left side of head 5 Underlying bone was cut. An incised wound 8 cm x 1 cm on left occipital re cut. 6.30 PM, the FIR came to be lodged the 12.02.2002 in the morning at about 4.30 AM and as such, it is apparent that the family of the deceased had come out with a concocted version against the accused with whom they were nursing enmity. appeal, learned State counsel submitted that it is a case where occurrence was witnessed by two witnesses namely PW-2 Gurmej Kuar 3 Narinder Kaur @ Ninder, mother and wife of the deceased, who are natural witnesses and in fact one of them i.e. PW-3 Narinder Kaur @ was herself injured in the occurrence, which would lend credibility to established. Learned State counsel has submitted that the statements of both the said eye-witnesses are consistent on l material points and in the absence of any material to discredit them, there is no room to doubt the case of prosecution. We have considered rival submissions addressed before this Court and with the assistance of learned counsel have also perused the record of the case. It is apposite to first of all refer to the medical evidence led by the ies found on the dead body of Gurnam Singh and Dr. Sukhwinder Singh, who alongwith Dr. mortem examination on the dead body of Gurnam Singh, has described the injuries found on the dead body as under: left perital region of scalp and was bone 1 cm on top and left side of head 5 cm inside hair line on left occipital region wound bone deep add 6.30 PM, the FIR came to be lodged the 12.02.2002 in the morning at about 4.30 AM and as such, it is apparent that the family of the deceased had come out with a concocted appeal, learned State counsel submitted that it is a case where Gurmej Kuar 3 Narinder Kaur @ Ninder, mother and wife of the deceased, who 3 Narinder Kaur @ was herself injured in the occurrence, which would lend credibility to established. Learned State counsel has witnesses are consistent on l material points and in the absence of any material to discredit them, there We have considered rival submissions addressed before this Court and with It is apposite to first of all refer to the medical evidence led by the ies found on the dead body of Gurnam Singh and Dr. Sukhwinder Singh, who alongwith Dr. mortem examination on the dead body body as under: left perital region of scalp and was bone inside hair line. nd bone deep add VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) 4. An incised wound 6 bone 5. An incised wound 6 and cartilege cut. 6. An incised wound 7 underlying musc 7. An incised wound 16.5 muscles 8. An incised wound 1200 Wound was bone deep, Clerical to cut. 9. Multiple incised wound in area 150 upper part of the chest underlying sternum, clervical and ribs cut. 10. An incised punctured wound 5 11. An incised punctured wound 5 of chest. 12. An incised punctured wound 3 Underlying leaura and lungs were punctured. 13. An incised punctured wound 5 arm. 10 14. An incised punctured wound 7 x 1 cm on left side, lateral side of abdomen. Wound 15. An incised wound 1.5 Musc 16. A contusion 16 14. PW-1 Dr. Sukhwinder Singh opined that the cause of death was on account of injuries No.7, 9, 10, 11 & 12, which were sufficient to cause death in ordinary course of nature. accused, but nothing substantial could be elicited during the course of h cross-examination so as to either doubt h we find that the medical evidence is absolutely in tune with the case of prosecution to the effect that it is a case of homicidal death where the (O&M) ( 8 ) An incised wound 6 x 0.5 cm on Rt. side of forehead and nose. Wound was deep. An incised wound 6 x 1 cm on left ear pinna and adjoining skull. and cartilege cut. An incised wound 7 x 1 cm on sub mandibukar region, transfer in direction underlying muscle cut. An incised wound 16.5 x 10 cm on front a muscles vessons, nerves trachea and cut. An incised wound 1200 x 1 cm on front left side of chest of clerirular Wound was bone deep, Clerical to cut. Multiple incised wound in area 150 x upper part of the chest underlying sternum, clervical and ribs cut. An incised punctured wound 5 x 1 cm on upper left side of che An incised punctured wound 5 x 1 cm on upper front and left side of middle of chest. An incised punctured wound 3 x 1 cm on front and Rt. side of Chest. Underlying leaura and lungs were punctured. An incised punctured wound 5 x 1 cm on front and lateral side of rt. upper arm. 10 cm below shoulder joint. An incised punctured wound 7 x 1 cm on left side, lateral side of abdomen. Wound muscle deep. An incised wound 1.5 x 0.5 cm on left lateral and back side of abdomen. Muscle deep. A contusion 16 x 1.5 on left side and front of chest 1 Dr. Sukhwinder Singh opined that the cause of death was on account of injuries No.7, 9, 10, 11 & 12, which were sufficient to cause death in ordinary course of nature. The witness was briefly accused, but nothing substantial could be elicited during the course of h examination so as to either doubt his we find that the medical evidence is absolutely in tune with the case of prosecution to the effect that it is a case of homicidal death where the 0.5 cm on Rt. side of forehead and nose. Wound was on left ear pinna and adjoining skull. Ear pilha mandibukar region, transfer in direction 0 cm on front and sides of neck underlying . ront left side of chest of clerirular region. 5 cm on front and right side of the upper part of the chest underlying sternum, clervical and ribs cut. m on upper left side of chest. 1 cm on upper front and left side of middle 1 cm on front and Rt. side of Chest. Underlying leaura and lungs were punctured. 1 cm on front and lateral side of rt. upper An incised punctured wound 7 x 1 cm on left side, lateral side of abdomen. 0.5 cm on left lateral and back side of abdomen. 5 on left side and front of chest.” 1 Dr. Sukhwinder Singh opined that the cause of death was on account of injuries No.7, 9, 10, 11 & 12, which were sufficient to cause death in ordinary The witness was briefly cross-examined on behalf of the accused, but nothing substantial could be elicited during the course of h veracity or his opinion. As such, we find that the medical evidence is absolutely in tune with the case of prosecution to the effect that it is a case of homicidal death where the 0.5 cm on Rt. side of forehead and nose. Wound was Ear pilha mandibukar region, transfer in direction ying region. 5 cm on front and right side of the 1 cm on upper front and left side of middle 1 cm on front and Rt. side of Chest. 1 cm on front and lateral side of rt. upper An incised punctured wound 7 x 1 cm on left side, lateral side of abdomen. 0.5 cm on left lateral and back side of abdomen. 1 Dr. Sukhwinder Singh opined that the cause of death was on account of injuries No.7, 9, 10, 11 & 12, which were sufficient to cause death in ordinary examined on behalf of the accused, but nothing substantial could be elicited during the course of his such, we find that the medical evidence is absolutely in tune with the case of prosecution to the effect that it is a case of homicidal death where the VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) deceased had been inflicted multiple injuries leading to his death. 15. 15. The prosecution banks upon the testimonies of PW the deceased and PW 2 Gurmej Kaur fields adjacent to their fields belong to was situated at a higher level into their land her son Gurnam Singh (deceased) had been requesting the a the flow of water into their fields. that on the day of occurrence at about 6.30 PM when Gurnam Singh went to the fields to take a round of the same, then she alongwith Narinder Kaur, wife of the decea stated that when her son was at about 10 was flowing into their land from the land of the accused, the accused were seen sitting in the wheat fields. She stat exhorting his companions not to spare Gurnam Singh. Singh carrying a carrying a spear, Kulwant Singh carrying a stated that Billa himself was armed with a spear. She stated that Gurdev Singh gave a blow of Singh gave three blows of spear on Singh inflicted two blows w gave three blows with they raised alarm. She further stated that the accused removed the shirt of (O&M) ( 9 ) deceased had been inflicted multiple injuries leading to his death. osecution banks upon the testimonies of PW the deceased and PW-3 Narinder Kaur @ Ninder, wife of the deceased. PW 2 Gurmej Kaur while in the witness-box stated regarding the fact that the fields adjacent to their fields belong to the accused and that since was situated at a higher level, water used to flow from the land of the accused land and at times the same led to destruction of their crops and that her son Gurnam Singh (deceased) had been requesting the a the flow of water into their fields. PW-2 Gurmej Kaur categorically stated that on the day of occurrence at about 6.30 PM when Gurnam Singh went to the fields to take a round of the same, then she alongwith Narinder Kaur, wife of the deceased, also followed him and that she was carrying a torch. She stated that when her son was at about 10 karams was flowing into their land from the land of the accused, the accused were seen sitting in the wheat fields. She stat exhorting his companions not to spare Gurnam Singh. Singh carrying a Takua, Darbara Singh carrying a spear, Amrik Singh carrying a spear, Kulwant Singh carrying a stated that Billa himself was armed with a spear. She stated that Gurdev Singh gave a blow of Takua to Gurnam Singh and thereafter accused Darbara Singh gave three blows of spear on his left flank. She stated that Singh inflicted two blows with spear on his head and Kulwant Singh also gave three blows with Kirpan on the back of the deceased. they raised alarm. She further stated that the accused removed the shirt of deceased had been inflicted multiple injuries with sharp edged weapons osecution banks upon the testimonies of PW-2 Gurmej Kaur, mother of 3 Narinder Kaur @ Ninder, wife of the deceased. PW box stated regarding the fact that the the accused and that since their land water used to flow from the land of the accused and at times the same led to destruction of their crops and that her son Gurnam Singh (deceased) had been requesting the accused to check 2 Gurmej Kaur categorically stated that on the day of occurrence at about 6.30 PM when Gurnam Singh went to the fields to take a round of the same, then she alongwith Narinder Kaur, wife sed, also followed him and that she was carrying a torch. She karams from the place where water was flowing into their land from the land of the accused, the accused were seen sitting in the wheat fields. She stated that Billa raised a lalkara exhorting his companions not to spare Gurnam Singh. She stated that Gurdev , Darbara Singh carrying a spear, Amrik Singh carrying a spear, Kulwant Singh carrying a kirpan were present there. She stated that Billa himself was armed with a spear. She stated that Gurdev to Gurnam Singh and thereafter accused Darbara his left flank. She stated that Amrik ith spear on his head and Kulwant Singh also on the back of the deceased. She stated that they raised alarm. She further stated that the accused removed the shirt of sharp edged weapons 2 Gurmej Kaur, mother of 3 Narinder Kaur @ Ninder, wife of the deceased. PW- box stated regarding the fact that the their land water used to flow from the land of the accused and at times the same led to destruction of their crops and that ccused to check 2 Gurmej Kaur categorically stated that on the day of occurrence at about 6.30 PM when Gurnam Singh went to the fields to take a round of the same, then she alongwith Narinder Kaur, wife sed, also followed him and that she was carrying a torch. She where water was flowing into their land from the land of the accused, the accused were lalkara Gurdev , Darbara Singh carrying a spear, Amrik Singh . She stated that Billa himself was armed with a spear. She stated that Gurdev to Gurnam Singh and thereafter accused Darbara Amrik ith spear on his head and Kulwant Singh also She stated that they raised alarm. She further stated that the accused removed the shirt of VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) Gurnam Singh and tied his arms with the same. She further Narinder Kaur, wife of Gurnam Singh, also sustained injuries at the hands of the accused. She stated that accused dragged Gurnam Singh to the house of Billa and they follow accused took Kulwant Singh 16. PW-3 Narinder Kaur, wife of the deceased, has also narrated identically regarding the accused having inflicted inju weapons like gave a blow the accused removed the shirt of Gurnam Singh and tied his arms and dragged him to the house of Billa, where accused Billa and Kulwant Singh slit his wind pipe with a PW-2 Gurmej Kaur and PW but nothing examination so as to doubt t the said witnesses are closely related to the deceased, but at the same time their presence in the fields cannot be ladies would also accompany their husband to the fields. Still further, the factum of presence of PW substantiated from the fact that she herself was inflicted injur Billa, as has been categorically stated by her and also by PW The factum of existence of injuries is substantiated from the testimony of PW-1 Dr. Narinder Kaur (O&M) ( 10 ) Gurnam Singh and tied his arms with the same. She further Narinder Kaur, wife of Gurnam Singh, also sustained injuries at the hands of the accused. She stated that accused dragged Gurnam Singh to the house of they followed them raising hue & cry. accused took Gurnam Singh inside their house where Kulwant Singh slit his wind pipe with a Kirpan 3 Narinder Kaur, wife of the deceased, has also narrated identically regarding the accused having inflicted inju weapons like Kirpan, Takua and spear. She further stated that accused Billa low to her with a spear on her head. PW the accused removed the shirt of Gurnam Singh and tied his arms and him to the house of Billa, where accused Billa and Kulwant Singh slit his wind pipe with a Kirpan leading to his de Gurmej Kaur and PW-3 Narinder Kaur but nothing substantial could be elicited d examination so as to doubt their credibility. the said witnesses are closely related to the deceased, but at the same time their presence in the fields cannot be doubted, as it is ladies would also accompany their husband to the fields. Still further, the factum of presence of PW-3 Narinder Kaur, wife of the deceased, is fully substantiated from the fact that she herself was inflicted injur , as has been categorically stated by her and also by PW The factum of existence of injuries is substantiated from the testimony of 1 Dr. Sukhwinder Singh, who had medico legally examined Narinder Kaur on 12.02.2002 and found followin Gurnam Singh and tied his arms with the same. She further stated that Narinder Kaur, wife of Gurnam Singh, also sustained injuries at the hands of the accused. She stated that accused dragged Gurnam Singh to the house of them raising hue & cry. PW-2 further stated that inside their house where accused Billa and Kirpan and murdered him. 3 Narinder Kaur, wife of the deceased, has also narrated the occurrence identically regarding the accused having inflicted injuries to her husband with and spear. She further stated that accused Billa to her with a spear on her head. PW-3 also stated that thereafter the accused removed the shirt of Gurnam Singh and tied his arms and him to the house of Billa, where accused Billa and Kulwant Singh leading to his death. Both the witnesses i.e. Narinder Kaur were cross-examined at length, elicited during the course of their cross credibility. Although it is correct that both the said witnesses are closely related to the deceased, but at the same time doubted, as it is not uncommon that the ladies would also accompany their husband to the fields. Still further, the 3 Narinder Kaur, wife of the deceased, is fully substantiated from the fact that she herself was inflicted injury by accused , as has been categorically stated by her and also by PW-2 Gurmej Kaur. The factum of existence of injuries is substantiated from the testimony of Sukhwinder Singh, who had medico legally examined PW following injuries on her person: stated that Narinder Kaur, wife of Gurnam Singh, also sustained injuries at the hands of the accused. She stated that accused dragged Gurnam Singh to the house of 2 further stated that Billa and the occurrence ries to her husband with and spear. She further stated that accused Billa 3 also stated that thereafter the accused removed the shirt of Gurnam Singh and tied his arms and him to the house of Billa, where accused Billa and Kulwant Singh Both the witnesses i.e. examined at length, uring the course of their cross- it is correct that both the said witnesses are closely related to the deceased, but at the same time uncommon that the ladies would also accompany their husband to the fields. Still further, the 3 Narinder Kaur, wife of the deceased, is fully by accused 2 Gurmej Kaur. The factum of existence of injuries is substantiated from the testimony of PW VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) “1. An incised wound 6.5 on frontal region, just inside hair line. Wound was bone deep was present 2. A reddish contusion 6 advised. 3. A reddish contusion 8 observation. 4. A reddish contusion 7 17. Injury No.1, as noticed above, is an incised wound The Doctor has opined that the kind of weapon used for c was a sharp edged weapon, as is the specific case of prosecution that the accused had inflicted injur such, we do not find any ground to doubt the presence of Narinder Kaur at the place of occurrence accompanied by her mother Kaur. Both the said witnesses have narrated the incident identic Appellant Kulwant Singh is stated to be carrying a three blows accused Billa had also slit the wind pipe of Gurnam Singh (deceased) with Kirpan. A perusal of the post incised wounds were found forehead, ear, neck and chest which clearly substantiate the version of the eye-witnesses to the effect that the acc sharp edged weapons to the deceased leading to his death. 18. Although there is so occurrence is stated to have taken place at about 6.30 PM on FIR came to be lodged at hours, but such delay in lodging the FIR (O&M) ( 11 ) An incised wound 6.5 x 1 cm longitudinal on frontal region, just inside hair line. Wound was bone deep was present. X-ray was advised. ddish contusion 6 x 1.6 cm on the back and left side of neck. X advised. A reddish contusion 8 x 2 cm on left lateral side of abdomen. Kept observation. A reddish contusion 7 x 0.5 cm on the left glut Injury No.1, as noticed above, is an incised wound The Doctor has opined that the kind of weapon used for c was a sharp edged weapon, as is the specific case of prosecution that the accused had inflicted injury on the head of Narinder Kaur with a spear. As such, we do not find any ground to doubt the presence of Narinder Kaur at the place of occurrence accompanied by her mother . Both the said witnesses have narrated the incident identic Appellant Kulwant Singh is stated to be carrying a three blows with the same to deceased. accused Billa had also slit the wind pipe of Gurnam Singh (deceased) with . A perusal of the post-mortem report shows that as many as 15 incised wounds were found on various parts of the forehead, ear, neck and chest which clearly substantiate the version of the witnesses to the effect that the accused had caused multiple injuries with sharp edged weapons to the deceased leading to his death. Although there is some delay in lodging the FIR inasmuch as while the occurrence is stated to have taken place at about 6.30 PM on me to be lodged at 4.30 AM on 12.02.2002 i.e. after about a gap of 10 hours, but such delay in lodging the FIR ipso facto longitudinal in direction on the middle of head on frontal region, just inside hair line. Wound was bone deep -clotted blood 1.6 cm on the back and left side of neck. X-ray on left lateral side of abdomen. Kept under 0.5 cm on the left gluteal region.” Injury No.1, as noticed above, is an incised wound on the middle of the head. The Doctor has opined that the kind of weapon used for causing injury No.1 was a sharp edged weapon, as is the specific case of prosecution that the on the head of Narinder Kaur with a spear. As such, we do not find any ground to doubt the presence of Narinder Kaur at the place of occurrence accompanied by her mother-in-law PW-2 Gurmej . Both the said witnesses have narrated the incident identically. Appellant Kulwant Singh is stated to be carrying a Kirpan and had inflicted with the same to deceased. He (Kulwant Singh) alongwith accused Billa had also slit the wind pipe of Gurnam Singh (deceased) with mortem report shows that as many as 15 on various parts of the dead body including head, forehead, ear, neck and chest which clearly substantiate the version of the used had caused multiple injuries with sharp edged weapons to the deceased leading to his death. delay in lodging the FIR inasmuch as while the occurrence is stated to have taken place at about 6.30 PM on 11.02.2002, the 12.02.2002 i.e. after about a gap of 10 ipso facto would not demolish the ction on the middle of head clotted blood ray under on the middle of the head. injury No.1 was a sharp edged weapon, as is the specific case of prosecution that the on the head of Narinder Kaur with a spear. As such, we do not find any ground to doubt the presence of Narinder Kaur at 2 Gurmej ally. and had inflicted alongwith accused Billa had also slit the wind pipe of Gurnam Singh (deceased) with a mortem report shows that as many as 15 including head, forehead, ear, neck and chest which clearly substantiate the version of the used had caused multiple injuries with delay in lodging the FIR inasmuch as while the 11.02.2002, the 12.02.2002 i.e. after about a gap of 10 would not demolish the VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document CRA-D-468-DB-2004 (O&M) case of prosecution and would only warrant that the evidence is scrutinized carefully so as to rule out case of the occurrence had taken place in the month of February, which is part of the winter season. Both the eye Narinder Kaur brutally murdered would the occurrence had taken place in a rural s eye-witnesses were both ladies and while also noticing that the case of prosecution is otherwise not found to be lacking on any ground, the mere delay in lodging the FIR manner. 19. In view of the discussion made above, we find that the prosecution has led ample evidence and has fully substantiated the charges framed against the accused. Consequently, we do not find any infirmity in the findings of guilt as recorded by the tria is sans merit and is hereby dismissed. 20. A copy of this judgment be sent to the quarters concerned for necessary compliance. 13.05.2025 Vimal (O&M) ( 12 ) case of prosecution and would only warrant that the evidence is scrutinized carefully so as to rule out case of any false implication. In the present case, the occurrence had taken place in the month of February, which is part of the winter season. Both the eye-witnesses i.e. PW Narinder Kaur were ladies and having witnessed brutally murdered would apparently be in a state of shock. Given the fact that the occurrence had taken place in a rural s witnesses were both ladies and while also noticing that the case of prosecution is otherwise not found to be lacking on any ground, the mere in lodging the FIR would not affect the case of prosecution in any In view of the discussion made above, we find that the prosecution has led ample evidence and has fully substantiated the charges framed against the Consequently, we do not find any infirmity in the findings of guilt as recorded by the trial Court and the same are hereby affirmed. The appeal is sans merit and is hereby dismissed. A copy of this judgment be sent to the quarters concerned for necessary compliance. (GURVINDER SINGH GILL Whether speaking/reasoned: Whether reportable: case of prosecution and would only warrant that the evidence is scrutinized any false implication. In the present case, the occurrence had taken place in the month of February, which is part of the witnesses i.e. PW-2 Gurmej Kaur and PW witnessed their son/husband being in a state of shock. Given the fact that the occurrence had taken place in a rural set-up during late evening and the witnesses were both ladies and while also noticing that the case of prosecution is otherwise not found to be lacking on any ground, the mere would not affect the case of prosecution in any In view of the discussion made above, we find that the prosecution has led ample evidence and has fully substantiated the charges framed against the Consequently, we do not find any infirmity in the findings of guilt l Court and the same are hereby affirmed. The appeal A copy of this judgment be sent to the quarters concerned for necessary GURVINDER SINGH GILL) JUDGE (JASJIT SINGH BEDI) JUDGE Whether speaking/reasoned: Yes/No Yes/No case of prosecution and would only warrant that the evidence is scrutinized any false implication. In the present case, the occurrence had taken place in the month of February, which is part of the 2 Gurmej Kaur and PW-3 being in a state of shock. Given the fact that during late evening and the witnesses were both ladies and while also noticing that the case of prosecution is otherwise not found to be lacking on any ground, the mere would not affect the case of prosecution in any In view of the discussion made above, we find that the prosecution has led ample evidence and has fully substantiated the charges framed against the Consequently, we do not find any infirmity in the findings of guilt l Court and the same are hereby affirmed. The appeal A copy of this judgment be sent to the quarters concerned for necessary VIMAL KUMAR 2025.05.14 13:10 I attest to the accuracy and integrity of this document