IN THE HIGH COURT OF PUNJAB & HARYANA 320 STATE OF HARYANA RAMESH AND CORAM: Present: MANJARI NEHRU KAUL, J. 1. the judgment Sessions Judge, Jind 302 read with Section 34 Station Sadar Narwana namely Ramesh read with Section 34 IPC 2. Billu has expired during the pendency of the present instant appeal IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRA-D Date of decision: HARYANA Versus AND ANOTHER HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON’BLE MR. JUSTICE H.S. GREWAL Mr. Shiva Khurmi, DAG, Haryana. MANJARI NEHRU KAUL, J. The present appeal by the State of Haryana is directed against the judgment of acquittal dated 18.11.2004 passed by the le Sessions Judge, Jind in case FIR No.185 dated read with Section 34 of the Indian Penal Code, 1860 Sadar Narwana, District Jind, whereby the accused Ramesh and Billu were acquitted of read with Section 34 IPC for the alleged murder of one Learned counsel, at the outset, submits that appellant No.2 i.e. Billu has expired during the pendency of the present appeal qua appellant No.2 Billu stands abated IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH D-361-DBA-2005 (O&M) Date of decision: August 08, 2025 ...Appellant ...Respondents HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON’BLE MR. JUSTICE H.S. GREWAL Haryana. by the State of Haryana is directed against passed by the learned Additional dated 29.10.2002 under Section Indian Penal Code, 1860, registered at Police , whereby the accused-respondents were acquitted of the charge under Section 302 for the alleged murder of one Satya Narayan. Learned counsel, at the outset, submits that appellant No.2 i.e. Billu has expired during the pendency of the present appeal. Therefore, the stands abated. ...Appellant ...Respondents by the State of Haryana is directed against arned Additional under Section , registered at Police respondents under Section 302 Learned counsel, at the outset, submits that appellant No.2 i.e. the Jaspreet Kaur 2025.08.13 09:19 I attest to the accuracy and integrity of this document Chandigarh CRA-D-361- 3. Singh, father of the deceased Lal (PW12) disappearance of his son seen on 27.10.2002 respondents Ramesh in Village 4. respondents had eliminated his son incident where the deceased had allegedly removed a canister of illicit liquor belonging to the accused Haryana. 5. During invest informed the police that he had seen the deceased in a visibly disturbed state sitting with both the accused near the Barwala Branch Canal on the evening of 27.10.2002. He also claimed to have overheard the accused talking about taking revenge by pushing the deceased into the canal 6. recovered from the Barwala Branch Canal and was identified complainant Hospital, Hisar revealed that the cause of death was -DBA-2005 (O&M) The case of the prosecution in brief is Singh, father of the deceased-Satya Narayan, lodged a Lal (PW12) at the Octroi Post, Narwan disappearance of his son. The deceased, aged around 21 seen on 27.10.2002 consuming liquor in the company of the Ramesh and Billu at a kiosk allegedly owned by respondent Ramesh in Village Badanpur. It was apprehended by the complainant that respondents had eliminated his son owing to past animosity incident where the deceased had allegedly removed a canister of illicit liquor belonging to the accused Ramesh during the period of prohibition in A case under Section 364/34 IPC was initially registered During investigation, PW9-Baljit Singh, a resident of Village Budan, informed the police that he had seen the deceased in a visibly disturbed state sitting with both the accused near the Barwala Branch Canal on the evening of 27.10.2002. He also claimed to have overheard the accused talking about taking revenge by pushing the deceased into the canal On 31.10.2002, the dead body of deceased recovered from the Barwala Branch Canal and was identified complainant and one Kirpal Singh. An autopsy conducted at the General Hospital, Hisar revealed that the cause of death was -2- The case of the prosecution in brief is that on 29.10.2002, Amrit Satya Narayan, lodged a report with ASI Heera at the Octroi Post, Narwana, regarding the suspicious . The deceased, aged around 21-22 years, was last consuming liquor in the company of the accused- allegedly owned by respondent- It was apprehended by the complainant that the accused- owing to past animosity – specifically, an incident where the deceased had allegedly removed a canister of illicit liquor during the period of prohibition in ase under Section 364/34 IPC was initially registered. Baljit Singh, a resident of Village Budan, informed the police that he had seen the deceased in a visibly disturbed state sitting with both the accused near the Barwala Branch Canal on the evening of 27.10.2002. He also claimed to have overheard the accused talking about taking revenge by pushing the deceased into the canal. On 31.10.2002, the dead body of deceased-Satya Narayan was recovered from the Barwala Branch Canal and was identified by the An autopsy conducted at the General Hospital, Hisar revealed that the cause of death was asphyxia due to that on 29.10.2002, Amrit report with ASI Heera suspicious 22 years, was last - - - an incident where the deceased had allegedly removed a canister of illicit liquor during the period of prohibition in . Baljit Singh, a resident of Village Budan, informed the police that he had seen the deceased in a visibly disturbed state sitting with both the accused near the Barwala Branch Canal on the evening of 27.10.2002. He also claimed to have overheard the accused talking about Narayan was by the An autopsy conducted at the General Jaspreet Kaur 2025.08.13 09:19 I attest to the accuracy and integrity of this document Chandigarh CRA-D-361- drowning, ante ordinary course of nature. While accused Billu was arrested on 07.11.2002, accused Ramesh was arrested on 19.11.2002; they were stated to have confessed during interrogation to pushing the deceased into consuming liquor 7. the competent Court, which then committed the case to the Court of Sessions. Charges under Section 302 read with Section 34 IPC against both th 8. M.L. Kamra and father of the deceased; PW8 Punjab Singh who allegedly saw the deceased with the accused; PW9 Baljit Singh claimed to have heard the accused discussing revenge; other police and official witnesses involved in the investigation and recovery. 9. the incriminating material appearing during trial was put to them denied the allegations and claimed false implication. No defence evidence was led by either evidence, acquitted both th 10. judgment of acquittal by arguing as follows: -DBA-2005 (O&M) , ante-mortem in nature and sufficient to cause death in the ordinary course of nature. While accused Billu was arrested on 07.11.2002, accused Ramesh was arrested on 19.11.2002; they were stated to have confessed during interrogation to pushing the deceased into consuming liquor. On completion of investigation, challan was presented before the competent Court, which then committed the case to the Court of Charges under Section 302 read with Section 34 IPC against both the accused, to which they pleaded not guilty. The prosecution examined 12 witnesses, including: M.L. Kamra – who conducted the autopsy; PW5 and father of the deceased; PW8 Punjab Singh allegedly saw the deceased with the accused; PW9 Baljit Singh claimed to have heard the accused discussing revenge; other police and official witnesses involved in the investigation and recovery. The accused were examined under Section 313 Cr.P. the incriminating material appearing during trial was put to them denied the allegations and claimed false implication. No defence evidence was led by either of them. The learned trial Court evidence, acquitted both the accused, giving them the benefit of doubt Learned State counsel has assailed the impugned order and judgment of acquittal by arguing as follows: -3- mortem in nature and sufficient to cause death in the ordinary course of nature. While accused Billu was arrested on 07.11.2002, accused Ramesh was arrested on 19.11.2002; they were stated to have confessed during interrogation to pushing the deceased into the canal after On completion of investigation, challan was presented before the competent Court, which then committed the case to the Court of Charges under Section 302 read with Section 34 IPC were framed e accused, to which they pleaded not guilty. ed 12 witnesses, including: PW1 Dr. who conducted the autopsy; PW5 Amrit Singh – complainant and father of the deceased; PW8 Punjab Singh – brother of the complainant, allegedly saw the deceased with the accused; PW9 Baljit Singh – who claimed to have heard the accused discussing revenge; other police and official witnesses involved in the investigation and recovery. The accused were examined under Section 313 Cr.P.C. and all the incriminating material appearing during trial was put to them. They denied the allegations and claimed false implication. No defence evidence of them. The learned trial Court, on the basis of the e accused, giving them the benefit of doubt. Learned State counsel has assailed the impugned order and judgment of acquittal by arguing as follows: - mortem in nature and sufficient to cause death in the ordinary course of nature. While accused Billu was arrested on 07.11.2002, accused Ramesh was arrested on 19.11.2002; they were stated to have canal after On completion of investigation, challan was presented before the competent Court, which then committed the case to the Court of were framed PW1 Dr. complainant brother of the complainant, who claimed to have heard the accused discussing revenge; other police and C. and all . They denied the allegations and claimed false implication. No defence evidence on the basis of the Learned State counsel has assailed the impugned order and Jaspreet Kaur 2025.08.13 09:19 I attest to the accuracy and integrity of this document Chandigarh CRA-D-361- (I) discrediting the testimonies of PW5 A PW9 Baljit Singh, which along with the medical and other evidence, clearly pointed towards the guilt of the accused. (II) and the absence of any alternative out a case under Section 302 read with Section 34 IPC. (III) push the deceased into the canal, and the deceased was never seen alive thereafter. (IV) wrongly discarded by the learned trial Court; these confessions, it was argued, should have been accepted as corroborative evidence. (V) prohibition-era dispute between the deceased and the accused. 11. evidence and other material on record, we find that the findings recorded by the learned trial Court are based on sound reasoning and c of evidence. 12. rendering the conclusion -DBA-2005 (O&M) The learned trial Court erred in appreciating the evidence discrediting the testimonies of PW5 Amrit Singh, PW8 Punjab Singh and PW9 Baljit Singh, which along with the medical and other evidence, clearly pointed towards the guilt of the accused. The last seen theory, coupled with and the absence of any alternative explanations by the accused, clearly made out a case under Section 302 read with Section 34 IPC. PW9 Baljit Singh specifically heard the accused push the deceased into the canal, and the deceased was never seen alive The extrajudicial confessions made by the accused were wrongly discarded by the learned trial Court; these confessions, it was argued, should have been accepted as corroborative evidence. The motive, though minor, could not be ignored, giving the era dispute between the deceased and the accused. Having heard the learned State counsel and considered the evidence and other material on record, we find that the findings recorded by the learned trial Court are based on sound reasoning and c The case of the prosecution suffers from blatant the conclusion of guilt unsustainable in law. -4- The learned trial Court erred in appreciating the evidence and mrit Singh, PW8 Punjab Singh and PW9 Baljit Singh, which along with the medical and other evidence, clearly The last seen theory, coupled with the extrajudicial confessions explanations by the accused, clearly made out a case under Section 302 read with Section 34 IPC. PW9 Baljit Singh specifically heard the accused conspiring to push the deceased into the canal, and the deceased was never seen alive The extrajudicial confessions made by the accused were wrongly discarded by the learned trial Court; these confessions, it was argued, should have been accepted as corroborative evidence. The motive, though minor, could not be ignored, giving the era dispute between the deceased and the accused. Having heard the learned State counsel and considered the evidence and other material on record, we find that the findings recorded by the learned trial Court are based on sound reasoning and correct appreciation The case of the prosecution suffers from blatant infirmities, of guilt unsustainable in law. and mrit Singh, PW8 Punjab Singh and PW9 Baljit Singh, which along with the medical and other evidence, clearly confessions explanations by the accused, clearly made conspiring to push the deceased into the canal, and the deceased was never seen alive The extrajudicial confessions made by the accused were wrongly discarded by the learned trial Court; these confessions, it was The motive, though minor, could not be ignored, giving the Having heard the learned State counsel and considered the evidence and other material on record, we find that the findings recorded by orrect appreciation infirmities, Jaspreet Kaur 2025.08.13 09:19 I attest to the accuracy and integrity of this document Chandigarh CRA-D-361- 13. is claimed that the deceased was la on the evening of 27.10.2002 sustain a conviction, particularly when there is no established proximity in time between the last seen and the death 14. supported by other cogent evidence and a complete chain of circumstances to exclude every other hypothesis except that of guilt. 15. that the deceased was seen with the accused, there is that the accused were last seen with him at o Moreover, there is an abnormal and questionable delay in disclosing this information – about revenge days later, which casts serious doubt on the credibility of his testimony 16. situation where he claims to have heard threats to the life of the deceased, his silence and inaction until after the body was recovered cannot inspire confidence. This unnatural conduct of such a key witness was rightly taken as a relevant factor while re trial Court. -DBA-2005 (O&M) The entire case of the prosecution is claimed that the deceased was last seen consuming liquor with the accused evening of 27.10.2002. This however, sustain a conviction, particularly when there is no established proximity in time between the last seen and the death. The law is well-settled that supported by other cogent evidence and a complete chain of circumstances to exclude every other hypothesis except that of guilt. Here, although PW8 Punjab Singh and PW9 that the deceased was seen with the accused, there is that the accused were last seen with him at o Moreover, there is an abnormal and questionable delay in disclosing this – PW9 Baljit Singh claimed to have overheard a conversation about revenge but neither intervened nor informed the complainant until 3 days later, which casts serious doubt on the credibility of his testimony The conduct of PW9 Baljit Singh is wholly unnatural situation where he claims to have heard threats to the life of the deceased, his silence and inaction until after the body was recovered cannot inspire This unnatural conduct of such a key witness was rightly taken as a relevant factor while rejecting the case of the prosecution by the learned -5- of the prosecution hinges on last seen theory. It st seen consuming liquor with the accused . This however, by itself, is insufficient to sustain a conviction, particularly when there is no established proximity in settled that the last seen theory must be supported by other cogent evidence and a complete chain of circumstances to exclude every other hypothesis except that of guilt. Here, although PW8 Punjab Singh and PW9 Baljit Singh stated that the deceased was seen with the accused, there is no evidence to suggest that the accused were last seen with him at or near the time of death. Moreover, there is an abnormal and questionable delay in disclosing this gh claimed to have overheard a conversation informed the complainant until 3 days later, which casts serious doubt on the credibility of his testimony. The conduct of PW9 Baljit Singh is wholly unnatural. In a situation where he claims to have heard threats to the life of the deceased, his silence and inaction until after the body was recovered cannot inspire This unnatural conduct of such a key witness was rightly taken jecting the case of the prosecution by the learned . It st seen consuming liquor with the accused by itself, is insufficient to sustain a conviction, particularly when there is no established proximity in must be supported by other cogent evidence and a complete chain of circumstances stated no evidence to suggest near the time of death. Moreover, there is an abnormal and questionable delay in disclosing this gh claimed to have overheard a conversation informed the complainant until 3 . In a situation where he claims to have heard threats to the life of the deceased, his silence and inaction until after the body was recovered cannot inspire This unnatural conduct of such a key witness was rightly taken jecting the case of the prosecution by the learned Jaspreet Kaur 2025.08.13 09:19 I attest to the accuracy and integrity of this document Chandigarh CRA-D-361- 17. in police custody, these statements are squarely hit by Section 26 of the Indian Evidence Act, which renders confessions made to police officers inadmissible unless made in the immediate presence of a Magistrate. is nothing on record to suggest that these confessions were made voluntarily or in compliance with the safeguards provided under law. Court, therefore, rightly confession made while the accused is in c and generally made outside 18. confessional statements are inadmissible and trial Court. 19. injury or struggle were visible. forcibly pushed the deceased into the canal with int of resistance or trauma would ordinarily be expected. 20. deceased was habitual drinker father PW5 Amrit Singh and uncle PW8 Punjab Singh possibility that the death could -DBA-2005 (O&M) Coming to the alleged confessions in police custody, these statements are squarely hit by Section 26 of the Indian Evidence Act, which renders confessions made to police officers inadmissible unless made in the immediate presence of a Magistrate. on record to suggest that these confessions were made voluntarily or in compliance with the safeguards provided under law. Court, therefore, rightly disbelieved this piece of evidence to hold that confession made while the accused is in custody must be strictly scrutinized and generally excluded from evidence unless proven to be voluntary and made outside any police coercion. In the present case, no such conditions confessional statements are inadmissible and Furthermore, as per the postmortem report (Ex. injury or struggle were visible. That was due to drowning. If the accused had forcibly pushed the deceased into the canal with int esistance or trauma would ordinarily be expected. The absence of such injuries, deceased was habitual drinker – as admitted by none other than his own father PW5 Amrit Singh and uncle PW8 Punjab Singh possibility that the death could have been accidental, especially given the -6- Coming to the alleged confessions made by the accused while in police custody, these statements are squarely hit by Section 26 of the Indian Evidence Act, which renders confessions made to police officers inadmissible unless made in the immediate presence of a Magistrate. There on record to suggest that these confessions were made voluntarily or in compliance with the safeguards provided under law. The learned trial disbelieved this piece of evidence to hold that ustody must be strictly scrutinized excluded from evidence unless proven to be voluntary and conditions are satisfied. Hence, the confessional statements are inadmissible and rightly excluded by the learned Furthermore, as per the postmortem report (Ex.PB), no signs of That was due to drowning. If the accused had forcibly pushed the deceased into the canal with intent to kill, some evidence esistance or trauma would ordinarily be expected. The absence of such injuries, coupled with the fact that the as admitted by none other than his own father PW5 Amrit Singh and uncle PW8 Punjab Singh – opens the have been accidental, especially given the made by the accused while in police custody, these statements are squarely hit by Section 26 of the Indian Evidence Act, which renders confessions made to police officers There on record to suggest that these confessions were made voluntarily The learned trial disbelieved this piece of evidence to hold that ustody must be strictly scrutinized excluded from evidence unless proven to be voluntary and are satisfied. Hence, the arned , no signs of That was due to drowning. If the accused had some evidence coupled with the fact that the as admitted by none other than his own opens the Jaspreet Kaur 2025.08.13 09:19 I attest to the accuracy and integrity of this document Chandigarh CRA-D-361- state of intoxication of the deceased, which was confirmed by the positive Ethyl Alcohol Test Report. 21. deceased had once removed the canister of illicit liquor belonging to them during prohibition. T evidence of brought on record. 22. years earlier would lead to premeditated murder. It needs to be emphasized that motive, while relevant, an old grudge, unsupported by actual grudge of animosit 23. forming a complete chain. At best, the evidence established that the deceased was seen with the accused and later found dead. corroborative evidenc remains broken and incomplete. 24. must be fully established and form a chain so complete as to exclude every hypothesis except the guilt that test is not satisfied in the present case. 25. agreement with the findings of the learned trial Court. The prosecution has -DBA-2005 (O&M) intoxication of the deceased, which was confirmed by the positive Ethyl Alcohol Test Report. Furthermore, the motive attributed to the accused is that the deceased had once removed the canister of illicit liquor belonging to them prohibition. This incident allegedly took place evidence of ongoing hostility or tension between the parties brought on record. It is far-fetched to suggest that a theft of a liquor can committed years earlier would lead to premeditated murder. It needs to be emphasized that motive, while relevant, must be cogent and contemporaneous an old grudge, unsupported by actual grudge of animosit The circumstances proved by the prosecution fall short of forming a complete chain. At best, the evidence established that the deceased was seen with the accused and later found dead. corroborative evidence linking the accused directly to the death remains broken and incomplete. In a case based on circumstantial evidence, the circumstances must be fully established and form a chain so complete as to exclude every hypothesis except the guilt of the accused. We find no hesitation to hold that that test is not satisfied in the present case. In view of the foregoing discussion, we are in complete agreement with the findings of the learned trial Court. The prosecution has -7- intoxication of the deceased, which was confirmed by the positive Furthermore, the motive attributed to the accused is that the deceased had once removed the canister of illicit liquor belonging to them allegedly took place four years prior. No ongoing hostility or tension between the parties has been to suggest that a theft of a liquor can committed years earlier would lead to premeditated murder. It needs to be emphasized must be cogent and contemporaneous to the act; an old grudge, unsupported by actual grudge of animosity, cannot suffice. proved by the prosecution fall short of forming a complete chain. At best, the evidence established that the deceased was seen with the accused and later found dead. However, in the absence of e linking the accused directly to the death, the chain In a case based on circumstantial evidence, the circumstances must be fully established and form a chain so complete as to exclude every of the accused. We find no hesitation to hold that In view of the foregoing discussion, we are in complete agreement with the findings of the learned trial Court. The prosecution has intoxication of the deceased, which was confirmed by the positive Furthermore, the motive attributed to the accused is that the deceased had once removed the canister of illicit liquor belonging to them No been to suggest that a theft of a liquor can committed years earlier would lead to premeditated murder. It needs to be emphasized to the act; proved by the prosecution fall short of forming a complete chain. At best, the evidence established that the deceased However, in the absence of , the chain In a case based on circumstantial evidence, the circumstances must be fully established and form a chain so complete as to exclude every of the accused. We find no hesitation to hold that In view of the foregoing discussion, we are in complete Jaspreet Kaur 2025.08.13 09:19 I attest to the accuracy and integrity of this document Chandigarh CRA-D-361- failed to prove the case beyond reasonable doubt. The evidence on record is riddled with gaps charge under Section 302 read with Section 34 IPC. 26. judgment of acquittal rendered by learned trial Court is affirmed. August 08, 2025 Jaspreet Kaur -DBA-2005 (O&M) failed to prove the case beyond reasonable doubt. The evidence on record is riddled with gaps and lacks the necessary probative force to bring home the charge under Section 302 read with Section 34 IPC. Accordingly, the instant appeal stands dismissed of acquittal rendered by learned trial Court is affirmed. August 08, 2025 Whether speaking/reasoned Whether reportable -8- failed to prove the case beyond reasonable doubt. The evidence on record is e necessary probative force to bring home the charge under Section 302 read with Section 34 IPC. Accordingly, the instant appeal stands dismissed, and impugned of acquittal rendered by learned trial Court is affirmed. (MANJARI NEHRU KAUL) JUDGE (H.S. GREWAL) JUDGE : Yes/No : Yes/No failed to prove the case beyond reasonable doubt. The evidence on record is e necessary probative force to bring home the and impugned Jaspreet Kaur 2025.08.13 09:19 I attest to the accuracy and integrity of this document Chandigarh