The High Court
Case Details
CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 1 ) In The High Court for the States of Punjab and Haryana In The High Court for the States of Punjab and Haryana In The High Court for the States of Punjab and Haryana At Chandigarh At Chandigarh CRA-D-399-DB-2004 (O&M) CR Davinder Singh Davinder Singh Punjab State of Punjab Versus … Appellant ... Respondent CR CRR-2128-2004 (O&M) Gurdeep Singh Gurdeep Singh Punjab State of Punjab Versus … Petitioner ... Respondent Date of Decision:- 03.04.2025 Date of Decision CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Narinder Singh, Advocate, Mr. Narinder Singh, Advocate, for the appellant in CRA-D-399 for the respondents in CRR-2128 399-DB-2004 and 2128-2004. Mr. Sidharth Attri, AAG, Punjab. Mr. Sidharth Attri, AAG, Punjab. Mr. H.S.Randhawa, Advocate as Amicus Curiae and Mr. H.S.Randhawa, Advocate as Amicus Curiae Mr. Gursharan Singh, Advocate, Mr. Gursharan Singh, Advocate, for the petitioner in CRR-2128 2128-2004. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J This judgment shall dispose of above is judgment shall dispose of above-mentioned mentioned appeal as well as criminal revision, as it is the same very judgment dated 06.04.2004 passed criminal revision, as it is the same very judgment dated criminal revision, as it is the same very judgment dated by learned Additional Sessions Judge (Ad hoc), Fast Track Court, Additional Sessions Judge (Ad hoc), Fast Track Court, Faridkot, which which is being assailed. While in CRA While in CRA-399-DB-2004, appellant 1. 2. 1. VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 2 ) Davinder Singh assails his conviction for offences under Sections 302, – Davinder Singh assails his conviction for offences under Sections 302, Davinder Singh assails his conviction for offences under Sections 302, 458 IPC and under Section 27 of the Arms Act, the petitioner – Gurdeep 458 IPC and under Section 27 of the Arms Act 458 IPC and under Section 27 of the Arms Act Singh in CRR-2128-2004 challenges the acquittal of Singh in CRR 2004 challenges the acquittal of Gurpal Singh and and also seeks enhancement of sentence as Rahul Bhupinder Singh and also seeks enhancement of sentence as Rahul Bhupinder Singh imposed upon Davinder Singh. imposed upon Davinder Singh. 2. The matter arises out of FIR No.175 dated 15.07.2001, under Sect The matter arises out of FIR No. 175 dated 15.07.2001, under Sections B, 34 IPC and Section 25/27/30 of the Arms Act 302, 307, 458, 120-B, 34 IPC and Section 25/27/30 of the Arms Act 302, 307, 458, 120 (Ex.PK/1) lodged lodged on the basis of statement (Ex.P Gurdeep Singh. statement (Ex.PK) of Gurdeep Singh. The translated gist of the statement (Ex.PK) leading to recording of FIR The translated gist of the statement (Ex.PK) leading to recording of FIR The translated gist of the statement (Ex.PK) leading to recording of FIR reads as under: reads as under: Rupana and I am into cultivation. We are 3 I am resident of village Rupana and I am into cultivation. We are 3 “I am resident of village brothers and 5 sisters, who all are married. My elder brother Sukhdev brothers and 5 sisters, who all are married. My elder brother Sukhdev brothers and 5 sisters, who all are married. My elder brother Sukhdev Singh has expired. I alongwith my brother’s Singh has expired. I alongwith my brother’s family reside with parents, whereas my elder brother Ajaib Singh resides separately at a short whereas my elder brother Ajaib Singh resides separately at a short whereas my elder brother Ajaib Singh resides separately at a short at about 9.30 PM, our neighbour istance from us. On 14.07.2001 at about 9.30 PM, our neighbour distance from us. Gurmeet Singh came to our house. The electric bulb in the courtyard Gurmeet Singh came to our house. The electric bulb in the courtyard Gurmeet Singh came to our house. The electric bulb in the courtyard was glowing . Davinder Singh son of Gurpal Singh, who was carrying a glowing. Davinder Singh son of Gurpal Singh, who was carrying a 12 bore double barrel gun accompanied by his son Rahul Bhupinder 12 bore double barrel gun accompanied by his son Rahul 12 bore double barrel gun accompanied by his son Rahul Singh @ Bhinda entered the gate of our house. Bhinda raised a lalkara Singh @ Bhinda entered the gate of our house. Bhinda raised a Singh @ Bhinda entered the gate of our house. Bhinda raised a exhorting his companion that a lesson be taught to Davinder Singh son exhorting his companion that a lesson be taught exhorting his companion that a lesson be taught of Sukhdev Singh for teasing their daughter Navdeep Kaur of Sukhdev Singh for teasing their daughter Navdeep Kaur. Davinder
Legal Reasoning
Singh fired from his 12 bore double barrel gun at Singh son of Gurpal Singh fired from his 12 bore double barrel gun at Singh son of Gurpal ranjan Singh, who was sitting on a cot and the shot hit on my father Naranjan Singh, who was sitting on a cot and the shot hit on my father N his face. Davinder Singh reloaded his gun and fired another shot. In his face. Davinder Singh reloaded his gun and fired another shot. his face. Davinder Singh reloaded his gun and fired another shot. order to save ourselves, we hid in the verandah. When we raised alarm order to save ourselves, we hid in the verandah. order to save ourselves, we hid in the verandah. , Davinder Singh and his son Bhinda went out of the house killed-killed, Davinder Singh and his son Bhinda went out of the house killed alongwith their gun. On hearing gun shots being fired alongwith their gun. On hearing gun shots being fired, our neighbourer house. Baldev Singh and Sohan Singh came running towards our house. Baldev Singh and Sohan Singh came running towards Baldev Singh and Sohan Singh came running towards However, Davinder Singh fired at them as we However, Davinder Singh fired them as well in order to kill them and the pe ellets hit Baldev Singh on the back of his on the back of his right thigh and hit Sohan back of both thighs as well as on his Singh on his back, right buttock, back of both thighs as well as on his Singh on his back VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 3 ) lower legs and left wrist. Thereafter, Davinder Singh and his son Bhinda lower legs and left wrist. Thereafter, Davinder Singh and his son Bhinda lower legs and left wrist. Thereafter, Davinder Singh and his son Bhinda ran towards their house with their gun. My brother Ajaib Singh took my ran towards their house with their gun. My brother Ajaib Singh took my ran towards their house with their gun. My brother Ajaib Singh took my ranjan Singh, Baldev Singh and Sohan Singh to Civil Hospital, father Naranjan Singh, Baldev Singh and Sohan Singh to Civil Hospital, father N Muktsar for treatment where my father N Muktsar for treatment where my father Naranjan Singh succumbed to his injuries. Sohan Singh and Baldev Singh were, however, admitted for injuries. Sohan Singh and Baldev Singh we injuries. Sohan Singh and Baldev Singh we treatment. The motive was that Davinder Singh and others suspected treatment. The motive was that Davinder Singh treatment. The motive was that Davinder Singh that his daughter Navdeep Kaur was having illicit relations with my that his daughter Navdeep Kaur was having illicit relations with my that his daughter Navdeep Kaur was having illicit relations with my Gurpal Singh had handed over his licensed 12 nephew Davinder Singh. Gurpal Singh had handed over his licensed 12 nephew Davinder Singh. his son Davinder Singh and sent them to attack bore double barrel gun to his son Davinder Singh and sent them to attack bore double barrel gun to us with an intention with an intention to kill us. I was proce I was proceeding alongwith Sarpanch to lodge the report, when you met me. Action be taken. Nishan Singh to lodge the report, when you met me. Action be taken. to lodge the report, when you met me. Action be taken. Nishan Singh Sd/- Gurdeep Singh. Gurdeep Singh.” 3. recording of the aforesaid statement of Gurdeep Singh by SI Pursuant to recording of the aforesaid statement of Gurdeep Singh by SI Pursuant to Santokh Singh, formal FIR (Ex.PK/1) came to be lodged. SI Santokh Santokh Singh, formal FIR (Ex.PK/1) came to be lodged. SI Santokh Santokh Singh, formal FIR (Ex.PK/1) came to be lodged. SI Santokh Singh proceeded to the hospital alongwith other police officials and Singh proceeded to the hospital alongwith other police officials and Singh proceeded to the hospital alongwith other police officials and conducted inquest proceedings. The post-mortem examination on the conducted inquest proceedings. The post conducted inquest proceedings. The post was got conducted and thereafter the dead dead body of Niranjan Singh was got conducted and thereafter the dead dead body of Niranjan Singh body was handed over to the heirs of the deceased. SI Santokh Singh body was handed over to the heirs of the deceased. SI Santokh Singh body was handed over to the heirs of the deceased. SI Santokh Singh visited the place of occurrence from where blood stained soil was lifted visited the place of occurrence from where blood stained soil was lifted visited the place of occurrence from where blood stained soil was lifted cartridges were also taken into and prepared into parcel. Two empty cartridges were also taken into and prepared into parcel. Two empty (gate) and another two empty cartridges possession from inside the deori (gate) and another two empty cartridges possession from inside the were picked up from outside the gate in the street, which were separately were picked up from outside the gate in the street, which were separately were picked up from outside the gate in the street, which were separately Accused Davinder Singh was arrested on prepared into parcels. Accused Davinder Singh was arrested on prepared into parcels. upon interrogation, he made a disclosure statement 18.07.2001 and upon interrogation, he made a disclosure statement 18.07.2001 got recovered a 12 bore double barrel gun. (Ex.PX) and pursuant thereto got recovered a 12 bore double barrel gun. got recovered a 12 bore double barrel gun. (Ex.PX) and pursuant there An Arms License in the name of Gurpal Singh (father of Davinder Singh) An Arms License in the name of Gurpal Singh (father of Davinder Singh) An Arms License in the name of Gurpal Singh (father of Davinder Singh) was also produced, which was taken into possession separately. was also produced, which was taken into possession separate was also produced, which was taken into possession separate VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) Upon conclusion of investigation, conclusion of investigation, challan was presented against ( 4 ) challan was presented against accused 4. ingh, Rahul Bhupinder Singh @ Bhinda Davinder Singh son of Gurpal Singh, Rahul Bhupinder Singh @ Bhinda Davinder Singh son of Gurpal and Gurpal Singh in the Court of Sub D and Gurpal Singh Divisional Judicial Magistrate, Muktsar on , who committed the case to the Court of Sessions on 28.08.2001, who committed the case to the Court of Sessions vide order dated 01.09.2001. Learned vide order dated . Learned Additional Sessions Judge, Muktsar framed charges against Davinder Singh under Sections framed charges against Davinder Singh under Sections 458/302/307 IPC and under Section 25/27 of the Arms Act 458/302/307 IPC and Section 25/27 of the Arms Act. Whereas Bhupinder Singh and Gurpal Singh were charged for offences Bhupinder Singh and Gurpal Singh Rahul Bhupinder Singh and Gurpal Singh under Sections 458 and 302/307 read with Section 34 IPC and under under Sections 458 and 302/307 read with Section 34 IPC and under Sections 458 and 302/307 read with Section 34 IPC and Section 30 30 of the Arms Act on 03.10.2001 03.10.2001 to which they pleaded not guilty and claimed trial. guilty and claimed trial. 5. The prosecution in order to establish its case examined as many as 15 The prosecution in order to establish its case examined as many as The prosecution in order to establish its case examined as many as The gist of their statements is briefly referred to herein under:- The gist of their statements is briefly referred to herein PWs. The gist of their statements is briefly referred to herein PW-1 Dr. N.R.Duggal, Dr. N.R.Duggal, who had conducted post had conducted post-mortem examination on the dead body of Naranjan Singh on the dead body of Naranjan Singh on 15.07.2001, proved the post- , wherein he described the injuries found mortem report as Ex.PA, wherein he described the injuries found mortem report as Ex.P on the dead body of Naranjan Singh on the dead body of Naranjan Singh and opined that the cause of cardio respiratory arrest as a result of shock due death was due to cardio respiratory arrest as a result of shock due death was due to to injury to vital organ i.e. brain, which was sufficient to cause to injury to vital organ i.e. brain, which to injury to vital organ i.e. brain, which death in an ordinary course of nature. He also stated with regard death in an ordinary course of nature. He death in an ordinary course of nature. He to the x-ray examination conducted by him to the x ray examination conducted by him on 17.07.2001 in respect of injuries sustained by Sohan Singh and Baldev Singh respect of Sohan Singh and Baldev Singh. PW-2 Dr. Jagrity Dr. Jagrity, Medical Officer, Civil Hospital, Muktsa , Medical Officer, Civil Hospital, Muktsar, who had medico legally examined Baldev Singh and Sohan Singh on medico legally examined Baldev Singh and Sohan Singh on medico legally examined Baldev Singh and Sohan Singh on 14.07.2001, proved their MLRs as Ex.P 14.07.2001 , proved their MLRs as Ex.PF and Ex.PG respectively, wherein he described the injuries found on the wherein he described injuries found on their person. VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 5 ) about 4/5 months back, when he was Baldev Singh stated that about 4/5 months back, when he was PW-3 Baldev Singh going towards market (bazar) at about 9.00 PM going towards market ( at about 9.00 PM, he came to know that there had been firing, but he had not witnessed any that there had been firing, but he had not witnessed any that there had been firing, but he had not witnessed any The said witness was, however, declared hostile and occurrence. The said witness was, however, declared hostile and occurrence. examined by the Public Prosecutor. was permitted to be cross-examined by the Public Prosecutor. was permitted to be cro PW-4 Gurdeep Singh (complainant) stated in tune with the allegations Gurdeep Singh (complainant) stated in tune with the allegations got recorded by him in the FIR. got recorded by him in the FIR PW-5 Gurmit Singh Gurmit Singh (eye-witness) stated that stated that on 15.07.2001 at about 9.30 PM, he went to the house of Gurdeep 9.30 PM Singh (complainant). went to the house of Gurdeep Singh (complainant). He stated that when he was talking with Gurdeep Singh, his father He stated that when he was talking with Gurdeep Singh He stated that when he was talking with Gurdeep Singh Naranjan Singh was sitting on a cot in the courtyard, Davinder Naranjan Singh was sitting on a cot in the courtyard Naranjan Singh was sitting on a cot in the courtyard a double barrel gun and Rahul Bhupinder Singh who was carrying a double barrel gun and Rahul Bhupinder Singh Singh empty handed came there. He stated Singh empty handed came there. He stated that Rahul Bhupinder Singh raised a lalkara exhorting his companion t Singh exhorting his companion to teach a lesson for teasing their daughter Navdeep Kaur and thereafter accused for teasing their daughter Navdeep Kaur for teasing their daughter Navdeep Kaur Davinder Singh son of Gurpal Singh fired a shot from his 12 bore Davinder Singh son of Gurpal Singh fired Davinder Singh son of Gurpal Singh fired double barrel gun hitting Naranjan Singh double barrel gun Naranjan Singh on his face, forehead and chest. He stated that accused and chest He stated that accused Davinder Singh reloaded his at him (Gurmit Singh) and Gurdeep gun and fired another shot at him (Gurmit Singh) and Gurdeep gun and fired another shot Singh (complainant), but in order to save Singh (complainant) order to save themselves, they hid in Singh and his son Bhinda went the verandah. Thereafter Davinder Singh and his son Bhinda went the out of the house alongwith their gun. On hearing gun shots being out of the house alongwith their gun. out of the house alongwith their gun. , Baldev Singh and Sohan Singh came running towards fired, Baldev Singh and Sohan Singh came running towards fired complainant’s house. PW-2 described the injuries complainant’s house 2 described the injuries sustained by in the same manner as described Baldev Singh and Sohan Singh in the same manner as described Baldev Singh and Sohan Singh by the complainant. by the complainant. PW-6 Surjit Singh Gill , Draftsman, stated that he had prepared a scaled Surjit Singh Gill, Draftsman, stated that he had prepared a scaled site plan of the place of occurrence (Ex.PL). site plan of the place of occurrence (Ex.P site plan of the place of occurrence (Ex.P VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 6 ) Satnam Singh, photographer, stated that he had visited the place Satnam Singh, photographer, stated that PW-7 Satnam Singh, photographer, stated that and had taken photographs Ex.P1 to of occurrence on 15.07.2001 and had taken photographs Ex.P1 to of occurrence Ex.P4 and proved negatives thereof as Ex.P Ex.P and proved negatives thereof as Ex.P5 to Ex.P8. Davinder Singh son of Sukhdev Singh, nephew of Gurdeep Singh Davinder Singh son of Sukhdev Singh PW-8 Davinder Singh son of Sukhdev Singh about 1 year ago, he had love affair with (complainant) stated that about 1 year ago, he had love affair with (complainant) Navdeep Kaur, daughter of accused Davinder Singh Navdeep Kaur , daughter of accused Davinder Singh and that she used to make telephone call to his house. used to make telephone call his house. He stated that when his mother complained to the wife of accused Davinder Singh, he mother complained to the wife of accused Davinder Singh, mother complained to the wife of accused Davinder Singh, came to their house and threatened them that if he (accused came to their house and threatened them that if he (accused came to their house and threatened them that if he (accused Davinder Singh) saw him (PW- Davinder Singh) saw -8 Davinder Singh) with his whole of their family would be daughter Navdeep Kaur, then whole of their family would be daughter Navdeep Kaur, eliminated, as they are defaming his daughter. eliminated, as they are defaming his daughter. eliminated, as they are defaming his daughter. Palwinder Singh son of Ajaib Singh stated that on 15.07.2001, SI Palwinder Singh son of Ajaib Singh stated that on PW-9 Palwinder Singh son of Ajaib Singh stated that on Santokh Singh visited the place of occurrence and that apart from Santokh Singh visited the place of occ Santokh Singh visited the place of occ lifting blood stained soil, he had taken into possession lifting he had taken into possession two empty (gate) and two other empties from shells of 12 bore from the deori (gate) and two other empties from shells of 12 bore from the outside the gate. outside the gate PW-10 Ajaib Singh , brother of Gurdeep Singh (complainant) and son of Ajaib Singh, brother of Gurdeep Singh (complainant) and son of Naranjan Singh (deceased), stated that on 18.07.2001, when he Naranjan Singh (deceased), stated that Naranjan Singh (deceased), stated that went to the Police Station Sadar Muktsar, Ajit Singh, owner of went to the Police Station Sadar Muktsar went to the Police Station Sadar Muktsar Petrol Pump, produced accused Davinder Singh and Gurpal Singh Petrol Pump, produced accused Davinder Singh and Gurpal Singh Petrol Pump, produced accused Davinder Singh and Gurpal Singh before SI Santokh Singh. He stated that Gurpal Singh and before SI Santokh Singh. He stated that Gurpal Singh and before SI Santokh Singh. He stated that Gurpal Singh and Singh were interrogated by SI Santokh Singh in his Davinder Singh were interrogated by SI Santokh Singh in his Davinder regarding the recoveries effected presence. He further deposed regarding the recoveries effected presence pursuant to disclosure statements made by accused during pursuant to disclosure statements pursuant to disclosure statements interrogation. interrogation PW-11 HC Major Singh, HC Major Singh, who is a formal witness, tendered his affidavi who is a formal witness, tendered his affidavit Ex.PU in evidence, wherein he deposed that on Ex.P in evidence, wherein he deposed that on 22.07.2001, he was posted as MHC, Police Station Sadar Muktsar and that on the was posted as MHC, Police Station Sadar was posted as MHC, Police Station Sadar said day, HC Surinder Singh had handed said day, HC Surinder Singh had handed him over the case VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 7 ) parcels containing blood stained soil, empty property including parcels containing blood stained soil, empty property including cartridges and 12 bore double barrel gun. He further stated that cartridges and 12 bore double barrel gun. cartridges and 12 bore double barrel gun. on 26.07.2001, the case property on , the case property was sent through Constable Singh for depositing the same in the office of FSL, Gurjant Singh for depositing the same in the office of FSL, Gurjant Punjab, Chandigarh, but due to certain objections Punjab, Chandigarh due to certain objections having been raised by the said office, he (Constable Gurjant Singh) raised by the (Constable Gurjant Singh) returned wo parcels containing blood stained soil and simple soil with two parcels containing blood stained soil and simple soil wo parcels containing blood stained soil and simple soil him. He stated that thereafter on 06.08.2001 him 06.08.2001, after removing the objections, he had again handed over the objections handed over the said two parcels to , which he deposited in the office of FSL, Constable Gurjant Singh, which he deposited in the office of FSL, Constable Gurjant Singh Punjab, Chandigarh on the same day and that as long as the Punjab, Chandigarh on the same day and that as long as Punjab, Chandigarh on the same day and that as long as parcels remained in his possession, the same were not tampered parcels remained in his possession, the same were not tampered parcels remained in his possession, the same were not tampered with. with PW-12 Constable Gurjant S , who is a formal witness, has tendered Constable Gurjant Singh, who is a formal witness, has tendered , wherein he deposed that on into evidence his affidavit Ex.PV, wherein he deposed that on into evidence his affidavit Ex.P 26.07.2001, MHC Major Singh had handed over 26.07.2001 had handed over to him the case property including parcels containing property including parcels containing 12 bore double barrel gun, blood stained soil and simple soil for depositing empty cartridges, blood stained soil and simple soil for depositing empty cartridges, the same in the office of FSL, Punjab, Chandigarh and that on the the same in the office of FSL, Punjab, Chandigarh and that on the the same in the office of FSL, Punjab, Chandigarh and that on the next day i.e. 27.07.2001, he deposited the parcels containing 12 next day i.e. 27.07.2001, he deposited the parcels containing 12 next day i.e. 27.07.2001, he deposited the parcels containing 12 bore double barrel gun and 4 empty cartridges in the said office, bore double barrel gun and 4 empty cartridges in the said office, bore double barrel gun and 4 empty cartridges in the said office, but due to certain objections having been but having been raised by the said office in respect of two parcels containing blood stained soil and simple in respect of two parcels containing blood stained soil and simple in respect of two parcels containing blood stained soil and simple soil, he returned the same with MHC soil with MHC Major Singh. He stated that thereafter on 06.08.2001, MHC Major Singh thereafter on Major Singh after removing the objections had again handed over him the obje handed over him the said two parcels, which he deposited in the office of FSL, Punjab, Chandigarh on the he deposited in the office of FSL, Punjab, Chandigarh on the he deposited in the office of FSL, Punjab, Chandigarh on the same day and that as long as the parcels remained in his same day and that as long as same day and that as long as possession, the same were not tampered with. possession, the same were not tampered with. possession, the same were not tampered with. PW-13 HC Balwinder Singh HC Balwinder Singh stated that on stated that on 15.07.2001, upon receipt of information in the police station, he was associated the police information in the police station, information in the police station, VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 8 ) party headed by SI Santokh Singh and they started for the party headed by SI Santokh Singh party headed by SI Santokh Singh hospital, but they met Gurdeep Singh (complainant) and Sarpanch hospital, but they met Gurdeep Singh (complainant) and Sarpanch hospital, but they met Gurdeep Singh (complainant) and Sarpanch Nishan Singh near Kotkapura chowk and SI Santokh Singh Nishan Singh near Kotkapura chowk and SI Santokh Singh got recorded Gurdeep’s Singh statement Ex.P recorded statement Ex.PK, on the basis of which FIR Ex.PK/1 came to be lodged. He stated FIR Ex.P came to be lodged. He stated about the preparation of inquest report by SI Santokh Singh and as regards the entire of inquest report by SI Santokh Singh and of inquest report by SI Santokh Singh and investigation conducted by SI Santoskh Singh investigation conducted by Santoskh Singh and also proved various memos prepared during course of the same. He stated various memos prepared during course of the same. various memos prepared during course of the same. recoveries effected pursuant to the disclosure with regard to the recoveries effected pursuant to the disclosure with regard to the statement made by the accused Davinder Singh. statement Davinder Singh. He also stated the signatures of SI Santokh Singh (since died). that he identified the signatures of SI Santokh Singh (since died). that he identif PW-14 HC Surinder Singh , who is a formal witness, tendered his HC Surinder Singh, who is a formal witness, tendered his affidavit Ex.PAA in evidence, wherein he deposed that on affidavit Ex.PAA in evidence, wherein he deposed that on affidavit Ex.PAA in evidence, wherein he deposed that on 15.07.2001, he was posted as MHC, Police Station Sadar Muktsar 15.07.2001, he was posted as MHC, Police Station Sadar Muktsar 15.07.2001, he was posted as MHC, Police Station Sadar Muktsar SI Santokh Singh had deposited with him and that on the said day, SI Santokh Singh had deposited with him and that the case property i.e. parcels containing blood stained soil, simple the case property i.e. parcels containing blood stained soil, the case property i.e. parcels containing blood stained soil, earth, 4 empty cartridges of 12 bore. He stated that on earth, 4 empty cartridges of 12 bore earth, 4 empty cartridges of 12 bore Singh had deposited with him a parcel 18.07.2001, SI Santokh Singh had deposited with him a parcel 18.07.2001 containing 12 bore double barrel gun and that upon his transfer containing 12 bore double barrel gun and that upon his transfer containing 12 bore double barrel gun and that upon his transfer from Police Station Sadar Muktsar to Police Lines, Muktsar, the from Police Station Sadar Muktsar to Police Lines, Muktsar, the from Police Station Sadar Muktsar to Police Lines, Muktsar, the case property was handed over to Major Singh. case property was handed over to Major Singh case property was handed over to Major Singh PW-15 Gurmit Singh, Sub Station Operator, 66 KV Grid, Sub Station, Gurmit Singh, Sub Station Operator, 66 KV Grid, Sub Station, Rupana, produced the summoned record pertaining to Rupana, produced the summoned record pertaining to electric supply and stated that there was electric supply at 9.15 PM. supply and stated that there was electric supply at 9.15 PM supply and stated that there was electric supply at 9.15 PM 6. The prosecution after tendering into evidence report The prosecution into evidence reports of FSL (Ex.PBB, Ex.PCC & Ex.PDD) closed its evidence. Ex.PCC & Ex.PDD 7. Upon closure of the prosecution evidence, statements of accused were Upon closure of the prosecution evidence, statements of accused were Upon closure of the prosecution evidence, statements of accused were recorded in terms of Section 313 Cr.P.C., wherein recorded in terms of Section 313 Cr.P.C., wherein they denied the case of prosecution and pleaded false implication. The relevant extract from the prosecution and pleaded false implication. The relevant extract from prosecution and pleaded false implication. The relevant extract from VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 9 ) recorded in terms of Section 313 statement of accused Davinder Singh recorded in terms of Section 313 statement of accused Cr.P.C. is as under: Cr.P.C. is as under: I am innocent. I am MA, B.Ed. and was posted “I am innocent. I am MA, B.Ed. and was posted as Lecturer in a school of our village. My daughter Navdeep Kaur was of our village . My daughter Navdeep Kaur was graduate. After her examination, she had gone to her maternal parents about 1 month prior to examination, she had gone to her maternal parents about 1 month prior to examination, she had gone to her maternal parents about 1 month prior to the present alleged occurrence. Gurdeep Singh PW is adopted son of the present alleged occurrence. Gurdeep Singh PW the present alleged occurrence. Gurdeep Singh PW 18 killas of land and he died issueless. 6- Mangal Singh, who owned 17-18 killas of land and he died issueless. 6 Mangal Singh, who owned 17 7 years prior to the alleged occurrence, said Mangal Singh 7 years prior to the alleged oc currence, said Mangal Singh gave Rs.10 lakhs to PW Gurdeep Singh. Other brothers of Gurdeep Singh were lakhs to PW Gurdeep Singh. Other brothers of Gurdeep Singh were lakhs to PW Gurdeep Singh. Other brothers of Gurdeep Singh were demanding share in the land and money from Gurdeep Singh which he demanding share in the land and money from Gurdeep Singh which he demanding share in the land and money from Gurdeep Singh which he inherited from Mangal Singh and on that account PW Gurdeep Singh inherited from Mangal Singh and on that account PW Gurdeep Singh inherited from Mangal Singh and on that account PW Gurdeep Singh was not on speaking terms with his brothers and was not on speaking t erms with his brothers and father and was residing with his family in his farm house at a distance of 1 and half KM from the with his family in his farm house at a distance of 1 and half KM from the with his family in his farm house at a distance of 1 and half KM from the 14.07.2001 at about 9.30 PM, there was electric place of occurrence. On 14.07.2001 at about 9.30 PM, there was electric place of occurrence. On supply breakdown in the village. There was hue and cry ab supply breakdown in the village. There was hue and cry about the thieves and the people due to fear and panic arrival of Kala Kaccha thieves and the people due to fear and panic arrival of started firing indiscriminately. Naranjan Singh also fired with his gun started firing indiscriminately. Naranjan Singh also fired with his gun started firing indiscriminately. Naranjan Singh also fired with his gun while going out in the street as a result therefore, Sohan Singh and while going out in the street as a result therefore, Sohan Singh and while going out in the street as a result therefore, Sohan Singh and Baldev Singh PWs were injured and in that exchange of firing, Naranjan Baldev Singh PWs were injured and in t Baldev Singh PWs were injured and in t and carried to his courtyard and he died. Singh sustained fire arm injuries and carried to his courtyard and he died. and carried to his courtyard and he died. Singh His dead body was taken to CH Mukhtsar by his son Ajaib Singh alone His dead body was taken to CH Mukhtsar by his son Ajaib Singh alone His dead body was taken to CH Mukhtsar by his son Ajaib Singh alone and learnt from the doctor about the nature of fire arm. ASI Baljit Singh, and learnt from the doctor about the nature of fire arm. ASI Baljit and learnt from the doctor about the nature of fire arm. ASI Baljit sister’s son of Gurdeep Singh PW was called. Nishan Singh, Sarpanch sister’s son of Gurdeep Singh PW was called. Nishan Singh, Sarpanch sister’s son of Gurdeep Singh PW was called. Nishan Singh, Sarpanch
Legal Reasoning
of village Rupana was also called. Said Sarpanch was closed to Mr. of village Rupana was also called. Said Sarpanch was closed to Mr. of village Rupana was also called. Said Sarpanch was closed to Mr. Parkash Singh Badal, the then CM, Punjab. Our family opposed said Parkash Singh Badal, the then CM, Punjab. Our family opposed said Parkash Singh Badal, the then CM, Punjab. Our family opposed said Nishan Singh in the elections. On that account, Nishan Singh and others Nishan Singh in the elections. On that accou Nishan Singh in the elections. On that accou after deliberations, got me and other members of my family implicated after deliberations, got me and other members of my family implicated after deliberations, got me and other members of my family implicated in the case. I and my father were brought by the police alongwith in the case. I and my father were brought in the case. I and my father were brought 15.07.2001 and were illegally detained by licensed gun of my father on 15.07.2001 and were illegally detained by licensed gun of my father on her Shivraj Singh had given telegrams to higher the police. My brother Shivraj Singh had given telegrams to higher the police. My brot authorities.” authorities. 8. Accused – Gurpal Singh in his statement recorded in terms of Section 313 Gurpal Singh in his statement recorded in terms of Section 313 Cr.P.C. while professing his innocence pleaded as under: Cr.P.C. while professing his innocence pleaded as under: Cr.P.C. while professing his innocence pleaded as under: VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 10 ) I am innocent. PWs are inimical towards me and my family m “I am innocent embers. . PWs are inimical towards me and my family members. I alongwith my son Davinder Singh were brought from our house by the I alongwith my son Davinder Singh were brought from our house by the I alongwith my son Davinder Singh were brought from our house by the 15.07.2001 alongwith my licensed gun and cartridges. My son police on 15.07.2001 alongwith my licensed gun and cartridges. My son police on Shivraj Singh gave telegrams to higher authorities about our illegal Shivraj Singh gave telegrams to higher authorities about our illegal Shivraj Singh gave telegrams to higher authorities about our illegal detention in this context.” detention in this context. 9. Accused – Rahul Bhupinder Singh in his statement recorded in terms of Rahul Bhupinder Singh in his statement recorded in terms of Section 313 Cr.P.C., while taking plea of alibi, Section 313 Cr.P.C. taking plea of alibi, pleaded as under: At the time of alleged occurrence, I was less than 18 I am innocent. At the time of alleged occurrence, I was less than 18 “I am innocent years of age as my date of birth is 08.08.1983. About 1 week prior to the years of age as my date of birth is 08.08.1983. years of age as my date of birth is 08.08.1983. occurrence, I had gone to village Maujgarh to my maternal uncle Wakeel occurrence, I had gone to village Maujgarh to my maternal uncle Wakeel occurrence, I had gone to village Maujgarh to my maternal uncle Wakeel 16.07.2001 from village Maujgarh. Singh. I was arrested in the case on 16.07.2001 from village Maujgarh. 16.07.2001 from village Maujgarh. Singh. I was arrested in the case on My uncle Wakeel Singh moved applications to higher authorities against My uncle Wakeel Singh moved applications to higher authorities My uncle Wakeel Singh moved applications to higher authorities ation. Bhupinder Singh, DSP, Muktsar conducted my false implication. Bhupinder Singh, DSP, Muktsar conducted my false implic enquiry while visiting the spot and I was found to be innocent. enquiry while visiting the spot and I was found to be innocent. enquiry while visiting the spot and I was found to be innocent. enquiry while visiting the spot and I was found to be innocent. Application Ex.DB was moved by SHO of P.S.Muktsar for getting me Application Ex.DB was moved by SHO of P.S.Muktsar for getting me Application Ex.DB was moved by SHO of P.S.Muktsar for getting me discharged and a supplementary report under Section 173(8) Cr.P.C. was discharged and a supplementary report under Section discharged and a supplementary report under Section also moved to the Court.” also mov 10. In their defence, the accused have examined In their defence, the accused have examined two witnesses. DW-1 DSP , who had conducted enquiry on an application moved by Bhupinder Singh, who had conducted enquiry on an application moved by Bhupinder Singh 29.08.2001, he had gone to village Rupana Wakeel Singh, stated that on 29.08.2001, he had gone to village Rupana Wakeel Singh, stated that on upon investigation, accused Rahul Bhupinder Singh was found to be and upon investigation, accused Rahul Bhupinder Singh was found to be upon investigation, accused Rahul Bhupinder Singh was found to be innocent, as it was found that he was not present in the village and had innocent, as it was found that he was not present in the village and had innocent, as it was found that he was not present in the village and had gone to his maternal parents at village Maujgarh, Haryana. DW-2 gone to his maternal parents at village Maujgarh, Haryana. gone to his maternal parents at village Maujgarh, Haryana. Wakeel Singh stated that in the first week of July, Wakeel Singh stated in the first week of July, 2001, his nephew had come to meet him at his village and that on Rahul Bhupinder Singh had come to meet him at his village and that on Rahul Bhupinder Singh 14.07.2001, he was with him. He stated that on 15.07.2001, he came to 14.07.2001, he was with him. He stated that on 14.07.2001, he was with him. He stated that on know about his (Rahul Bhupinder Singh) involvement in a case and that know about his (Rahul Bhupinder Singh) involvement in a case and that know about his (Rahul Bhupinder Singh) involvement in a case and that for enquiry to SSP, Muktsar, which was he had moved an application for enquiry to SSP, Muktsar, which was he had moved an application marked to DSP Bhupinder Singh. marked to DSP Bhupinder Singh. VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 11 ) The learned trial Court, upon marshalling the evidence on record, 11. The learned trial Court, upon marshalling the evidence on record, The learned trial Court, upon marshalling the evidence on record, acquitted Gurpal Singh and Rahul Bhupinder Singh of the charges framed acquitted Gurpal Singh and Rahul Bhupinder Singh of the charges framed acquitted Gurpal Singh and Rahul Bhupinder Singh of the charges framed against them, but held accused Davinder against them, but held Davinder Singh guilty of having committed offence punishable under Sections 302, committed offence under Sections 302, 458 IPC and under sentenced him as under: Section 27 of the Arms Act and sentenced him as under: Section 27 of the Arms Act and Under Section Under Section 302 IPC 302 - To undergo life imprisonment and to pay a fine of imprisonment and to pay a fine of and in default of payment of fine to undergo Rs.2000/- and in default of payment months. further RI for 3 months. Under Section Under Section 458 IPC 458 - To undergo rigorous imprisonment for To undergo rigorous imprisonment for seven years and to pay a fine of Rs. and to pay a fine of Rs.1000/- and in default of payment of fine to undergo further RI for 2 months payment of fine to undergo further RI for Under Section Under Section 27 of the Arms 27 of the Arms Act Act - To undergo rigorous imprisonment for To undergo rigorous imprisonment for three years and to pay a fine of Rs. to pay a fine of Rs.500/- and in default of payment of fine to undergo further RI for 1 month fine to undergo further RI for 12. Learned counsel for the Learned counsel for the appellant – Davinder Singh Davinder Singh, while assailing his he has falsely been implicated in the present conviction, submitted that he has falsely been implicated in the present conviction, submitted that case and that falsity of the case would be evident from the fact that one of case and that falsity of the case would be eviden case and that falsity of the case would be eviden the star witnesses of the prosecution namely PW the star witness of the prosecution namely PW-3 Baldev Singh, who of the complainant, did not support the case of was immediate neighbour of the complainant, did not support the case of was immediate neighbour prosecution at all. It has further been submitted that even the other eye- prosecution at all. It has further been submitted that prosecution at all. It has further been submitted that been introduced falsely, which witness namely PW-5 Gurmit Singh had been introduced falsely, which witness namely PW would be evident from the fact that he has stated the date of occurrence to would be evident from the fact that he has stated the date of oc would be evident from the fact that he has stated the date of oc be 15.07.2001, whereas the occurrence in question had taken place on be 15.07.2001, whereas the occurrence in question had taken place on be 15.07.2001, whereas the occurrence in question had taken place on 14.07.2001. It has been submitted that even the Investigating Officer 14.07.2001. It has been submitted that even the Investigating Officer 14.07.2001. It has been submitted that even the Investigating Officer namely SI Santokh Singh has not been examined by the prosecution and namely SI Santokh Singh has not been examined by the prosecution and namely SI Santokh Singh has not been examined by the prosecution and here is delay in sending the case property that as such, given the fact that there is delay in sending the case property that as such, given the fact that t including blood stained soil etc. to the FSL, wherein certain objections including blood stained soil etc. to the FSL, wherein certain objections including blood stained soil etc. to the FSL, wherein certain objections had been raised, no sanctity can be attached to such kind of evidence. had been raised, no sanctity can be attached to such kind of evidence. had been raised, no sanctity can be attached to such kind of evidence. had been raised, no sanctity can be attached to such kind of evidence. VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 12 ) Learned counsel submitted that in fact as on the date of alleged Learned counsel submitted that in fact as on the date of alleged Learned counsel submitted that in fact as on the date of alleged occurrence, thieves and dacoits had come to the village and due , a group of thieves and dacoits had come to the village and due to panic, villagers started firing indiscriminately, wherein Naranjan Singh to panic, villagers started firing indiscriminately, wherein Naranjan Singh to panic, villagers started firing indiscriminately, wherein Naranjan Singh also fired from his gun and it was during the exchange of firing that also fired from his gun and it was during the exchange of firing that also fired from his gun and it was during the exchange of firing that Naranjan Singh sustained injuries and lost his life. Naranjan Singh lost his life. It has, thus, been submitted that the impugned judgment could not sustain and is liable to be submitted that the impugned judgment could not sustain and is liable to be submitted that the impugned judgment could not sustain and is liable to be set aside. 13. Opposing the appeal, learned State counsel submitted that it is a case Opposing the appeal, learned State counsel submitted that it is a case where not only the complainant PW not only the complainant PW-4 Gurdeep Singh has state 4 Gurdeep Singh has stated in tune with the allegations leveled in the FIR, even PW-5 Gurmit Singh, who with the allegations leveled in the FIR, even PW with the allegations leveled in the FIR, even PW has fully supported the case of prosecution and resided in neighbourhood, has fully supported the case of prosecution and resided in neighbourhood, has narrated the occurrence identically and that the slight discrepancy in has narrated the occurrence identically and that the slight has narrated the occurrence identically and that the slight the mentioning of the date of occurrence, which is stated to be 15.07.2001 the mentioning of the date of occurrence, which is stated to be the mentioning of the date of occurrence, which is stated to be instead of 14.07.2001 is merely on account of mistake, which could have instead of 14.07.2001 is merely on account of mistake, which could have instead of 14.07.2001 is merely on account of mistake, which could have he was deposing in the Court after a gap of occurred due to the fact that he was deposing in the Court after a gap of occurred due to the fact that It has been submitted that the fact that the more than 1½ years. It has been submitted that the fact that the more than 1½ occurrence had taken place on 14.07.2001 is fortified from the medical occurrence had taken place on 14.07.2001 is occurrence had taken place on 14.07.2001 is 2 Jagrity, Medical Officer, Civil Hospital, evidence inasmuch as PW-2 Jagrity, Medical Officer, Civil Hospital, evidence inasmuch as stated that deceased as well as injured Sohan Singh and Baldev stated that deceased as well as injured Sohan Muktsar stated that deceased as well as injured Sohan were brought in hospital on 14.07.2001. Even the opinion of PW-1 were brought in hospital on 14.07.2001. Singh were brought in hospital on 14.07.2001. Dr. N.R.Duggal as regards time of death Dr. N.R.Duggal death is in tune with the case of prosecution that the death of Naranjan Singh had taken place on prosecution that the death of Naranjan Singh had taken place on prosecution that the death of Naranjan Singh had taken place on . It has, thus, been submitted that having regard to the . It has, thus, been submitted that havi 14.07.2001. It has, thus, been submitted that havi consistent ocular version as given by the complainant (PW-4 Gurdeep consistent ocular version as given by the complainant (PW consistent ocular version as given by the complainant (PW VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 13 ) 5 Gurmit Singh, which is fully corroborated from the Singh) and PW-5 Gurmit Singh, which is fully corroborated from the Singh) and PW medical evidence, the case of the prosecution is fully established as had medical evidence, the case of the prosecution is fully established as had medical evidence, the case of the prosecution is fully established as had been held by the trial Court. been held by the trial Court. 14. We have considered rival submissions addressed before this Court and We have considered rival submissions addressed before this Court and We have considered rival submissions addressed before this Court and with the assistance of learned counsel have also perused the record of the with the assistance of learned counsel have also perused the record of the with the assistance of learned counsel have also perused the record of the case. 15. Since it is a case Since it is a case of homicidal death on account of gun of homicidal death on account of gun-shot fire, it is apposite to first of all briefly refer to the medical evidence led by the apposite to first of all briefly refer to the medical evidence led by the apposite to first of all briefly refer to the medical evidence led by the 1 Dr. N.R.Duggal, who had conducted the prosecution in this regard. PW-1 Dr. N.R.Duggal, who had conducted the prosecution in this regard. PW mortem examination on the dead body of Naranjan Singh, proved the mortem examination on the dead body of Naranjan Singh post-mortem examination on the dead body of Naranjan Singh post-mortem report as Ex. bed the injuries found on the dead mortem report as Ex.PA and described the injuries found on the dead body as under: body as under: Multiple lacerated wound present in an area of approximately 20”x20” over the Multiple lacerated wound present in an area of approximately “1. Multiple lacerated wound present in an area of approximately face mainly right side, right temporal region forehead neck, upper part of chest face mainly right side, right temporal region forehead neck, upper part of chest face mainly right side, right temporal region forehead neck, upper part of chest and right shoulder. They were about 25 in number. Their sizes vary from .02 and right shoulder. They were about 25 in and right shoulder. They were about 25 in 1x0.2 cm margins of wound inverted except 3 wounds on the left to .02 cms to 1x0.2 cm margins of wound inverted except 3 wounds on the left to .02 cms to side of the neck which have E verted margins. Blood clot side of the neck which have verted margins. Blood clot and liquid blood was oozing out on pressing these wounds. On dissection, there were two holes in oozing out on pressing these wounds. On dissection oozing out on pressing these wounds. On dissection the temporal bone on the right side. Middle minengial the temporal bone on the right side. Mid le minengial artery was torn, cranial cavity contain blood. Covering of the brain had lacerated wounds in the same cavity contain blood. Covering of the brain had lacerated wounds in the same cavity contain blood. Covering of the brain had lacerated wounds in the same area. Two pellets recovered from brain tissue. 2 cms from the surface and area. Two pellets recovered from brain tissue. 2 cms from the surface and area. Two pellets recovered from brain tissue. 2 cms from the surface and re found leading to the wounds in covering of the brains. There was tracks were found leading to the wounds in covering of the brains. There was tracks we fracture right mistored bone corresponding to the lacerated bone on the bridge fracture right mistored bone corresponding to the lacerated bone on the bridge fracture right mistored bone corresponding to the lacerated bone on the bridge nose. A pellet was recovered from nasal cavit. One pellet recovered from nose. A pellet was recovered from nasal cavit. One pellet recov of nose. A pellet was recovered from nasal cavit. One pellet recov the muscle of the right shoulder.” the muscle of the right shoul Dr. N.R.Duggal while describing the injuries specifically stated as Dr. N.R.Duggal while describing the injuries specifically stated 16. PW-1 Dr. N.R.Duggal while describing the injuries specifically stated recovery of pellets from the dead body which is in tune with the regards recovery of pellets from the dead body which is in tune with the recovery of pellets from the dead body which is in tune with the In any case, the factum of death on account of firing case of prosecution. In any case, the factum of death on account of firing case of prosecution. VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 14 ) shot is not disputed by Davinder Singh (accused) although of gun-shot is not disputed by Davinder Singh (accused) although shot is not disputed by Davinder Singh (accused) although Davinder Singh in his statement recorded in terms of Section 313 Cr.P.C. Davinder Singh in his statement recorded in terms of Section 313 Cr.P.C. Davinder Singh in his statement recorded in terms of Section 313 Cr.P.C. has given a different version regarding the occurrence of firing. has given a different version regarding the occurrence of firing. has given a different version regarding the occurrence of firing. The occurrence is sought to be established from the testimony of The occurrence is sought to be established fro 17. The occurrence is sought to be established fro 4 Gurdeep Singh), who is son of the deceased and was complainant (PW-4 Gurdeep Singh), who is son of the deceased and was complainant (PW present in the house when the occurrence had taken place. Given the fact in the house when the occurrence had taken place. Given the fact that the occurrence had taken place in the house of Gurdeep Singh, his that the occurrence had taken place in the house of Gurdeep Singh, his that the occurrence had taken place in the house of Gurdeep Singh, his t natural and cannot be doubted. While narrating presence therein is most natural and cannot be doubted. While narrating presence therein is mos the occurrence, PW-4 Gurdeep Singh specifically stated the occurrence, PW 4 Gurdeep Singh specifically stated that on the day of occurrence i.e. on 14.07.2001 when he alongwith PW occurrence i.e. on 14.07.2001 when he alongwith PW-5 Gurmit Singh was present in his house, then accused Davinder Singh alongwith his son present in his house, then accused Davinder Singh alongwith hi present in his house, then accused Davinder Singh alongwith hi entered into their house. He stated that pursuant Rahul Bhupinder Singh entered into their house. He stated that pursuant Rahul Bhupinder Singh to a lalkara raised by Rahul Bhupinder Singh, his father (Davinder lalkara raised by Rahul Bhupinder Singh, his father (Davinder Singh), who was carrying a gun, fired from the same hitting the deceased. Singh), who was carrying a gun, fired from the same hitting the deceased. Singh), who was carrying a gun, fired from the same hitting the deceased. Singh), who was carrying a gun, fired from the same hitting the deceased. PW-4 further stated that hot was fired in their house, but he as 4 further stated that one more shot was fired in their house, but he as 5 Gurmit Singh managed to save themselves by taking cover well as PW-5 Gurmit Singh managed to save themselves by taking cover well as PW in the verandah and that thereafter when they raised alarm, the accused verandah and that thereafter when they raised alarm, the accused went out in the street and since two more neighbourer went out in the street and since two more neighbourers namely Baldev Singh and Sohan Singh had also been attracted on account of Singh and Sohan Singh ha also been attracted on account of noise of gun them as well as a result of which both of firing, accused fired two shots at them as well as a result of which both of firing, accused fired two shots them sustained injuries. The aforesaid version is fully corroborated from them sustained injuries. The aforesaid version is fully corroborated from them sustained injuries. The aforesaid version is fully corroborated from the testimony of PW-5 Gurmit Singh. the testimony of PW 18. Although PW 3 Baldev Singh was injured in the occurrence and was also Although PW-3 Baldev Singh was injured in the occurrence and was also cited as a prosecution witness, but when he stepped into the witness-box, cited as a prosecution witness, but when he stepped into the witness cited as a prosecution witness, but when he stepped into the witness VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 15 ) he did not support the case of prosecution. PW-3 resiled from his he did not support the case of prosecution. PW he did not support the case of prosecution. PW just come to know about the firing, but statement and stated that he had just come to know about the firing, but statement and stated that he had The aforesaid statement is apparently had not witnessed any occurrence. The aforesaid statement is apparently had not witnessed any occurrence. false inasmuch as he himself was injured in the occurrence, as is borne out false inasmuch as he himself was injured in the occurrence, as is borne out false inasmuch as he himself was injured in the occurrence, as is borne out from the medical evidence in the shape of testimony of PW-2 Dr. Jagrity, from the medical evidence in the shape of testimony of PW from the medical evidence in the shape of testimony of PW Medical Officer, Civil Hospital, Muktsar, who had medically examined Medical Officer, Civil Hospital, Muktsar, who had medically examined Medical Officer, Civil Hospital, Muktsar, who had medically examined 14.07.2001 itself and found the following injuries on his Baldev Singh on 14.07.2001 itself and found the following injuries on his Baldev Singh on person: “1. A lacerated wound .2 cm x .2 cm on back of right thigh 15 cm above the A lacerated wound .2 cm x .2 cm on back of right thigh 15 cm above the A lacerated wound .2 cm x .2 cm on back of right thigh 15 cm above the ” knee joint. Fresh bleeding was present.” knee joint. Fresh bleed 19. PW-2 Dr. Jagrity was cross examined on behalf of the accused, but 2 Dr. Jagrity was cross-examined on behalf of the accused, but substantial could be elicited during the course of her cross- substantial could be elicited during the course of h nothing substantial could be elicited during the course of h examination so as to either doubt her veracity or h examination so as to either doubt veracity or her opinion. Having regard to the aforesaid position, wherein the testimon regard to the aforesaid position, wherein the testimonies of the complainant (PW-4 Gurdeep Singh) and of PW complainant (PW 4 Gurdeep Singh) and of PW-5 Gurmit Singh alongwith medical evidence in the shape of statement of medical evidence in the shape of statement of PW-2 Dr. Jagrity shows the presence of PW-3 Baldev Singh, it is apparent that PW presence of PW , it is apparent that PW-3 Baldev Singh eposed falsely in the Court to help the accused. As such, his had deposed falsely in the Court to help the accused. As such, his eposed falsely in the Court to help the accused. As such, his There is no other evidence to the statement need not be relied upon. There is no other evidence to the statement need not be relied upon. contrary so as to doubt the veracity of the testimonies of PW-4 Gurdeep contrary so as to doubt the veracity of the testimon contrary so as to doubt the veracity of the testimon Singh and PW-5 Gurmit Singh. Singh and PW 20. Although learned counsel attempted to assail the case of prosecution on Although learned counsel attempted to assail the case of prosecution on the ground that the Investigating Officer SI Santokh Singh has not been the ground that the Investigating Officer SI Santokh Singh has not been the ground that the Investigating Officer SI Santokh Singh has not been examined by the prosecution, but this Court finds that it was on account of examined by the prosecution, but this Court finds that it was on account of examined by the prosecution, but this Court finds that it was on account of VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 16 ) the fact that SI Santokh Singh had expired the fact that SI Santokh Singh xpired that he was not examined, as 13 HC Balwinder Singh, who had remained has been stated by PW-13 HC Balwinder Singh, who had remained has been stated by PW associated with SI Santokh Singh during investigation. PW-13 HC associated with SI Santokh Singh during investigation. PW associated with SI Santokh Singh during investigation. PW Balwinder Singh has stated in detail with regard to the investigation Balwinder Singh has stated in detail with regard to the investigation Balwinder Singh has stated in detail with regard to the investigation conducted by SI Santokh Singh and has identified the conducted by SI Santokh and has identified the signatures of SI the factum of the accused having suffered Santokh Singh. In any case, the factum of the accused having suffered Santokh Singh. In any case, disclosure statement and the recovery pursuant thereto disclosure statement and the recover pursuant thereto is also borne out from the testimonies of PW-10 Ajaib Singh and PW from the testimon 10 Ajaib Singh and PW-13 HC Balwinder Singh. Under these circumstances, non examination of SI Santokh Singh Under these circumstances, non-examination of SI Santokh Singh dent the case of prosecution in any manner particularly when it is will not dent the case of prosecution in any manner particularly when it is dent the case of prosecution in any manner particularly when it is a case based on eye-witness account and not a case based on eye witness account and not solely on circumstantial evidence where the role of the investigator evidence where the role of the investig ator would assume all the more importance. importance. As far as delay in submitting the case property in FSL is concerned, a 21. As far as delay in submitting the case property in FSL is concerned, a As far as delay in submitting the case property in FSL is concerned, a perusal of the testimonies of PW-11 HC Major Singh and PW perusal of the testimon 11 HC Major Singh and PW-12 ow that there is some delay in depositing Constable Gurjant Singh does show that there is some delay in depositing Constable Gurjant Singh does sh of case property on account of the fact that some objections were raised case property on account of the fact that some objections were raised by the laboratory in respect of two parcels containing blood stained soil by the laboratory in respect of two parcels by the laboratory in respect of two parcels and simple soil and thereafter the said two parcels were sent again and simple soil and thereafter the said two parcels were sent again for depositing in the FSL after removal of objections. Both PW-11 HC Major depositing in the FSL after removal of objections. depositing in the FSL after removal of objections. Singh and PW-12 Constable Gurjant Singh Singh and PW 12 Constable Gurjant Singh have stated that as long as case property remained in their possession, the same was not tampered case property remained in their possession, the same was not tampered case property remained in their possession, the same was not tampered perusal of the report of FSL would indicate that sample seals perusal of the report of FSL wou with. A perusal of the report of FSL wou were intact and were not tampered with. were intact and were not tampered with . There is nothing on record to VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) ( 17 ) show that there has been any kind of tampering or substitution of the case show that there has been any kind of tampering or substitution of the case show that there has been any kind of tampering or substitution of the case property as the seals were found to be intact property as the seals were found to be intact. Under these circumstances, the delay ipso facto would not affect the case of prosecution. ipso facto would not affect the case of prosecution. Coming to the defence plea raised by Davinder Singh, appellant Davinder 22. Coming to the defence plea raised by Davinder Singh, appellant Davinder Coming to the defence plea raised by Davinder Singh, appellant Davinder Singh in his statement recorded in terms of Section 313 Cr.P.C. has taken Singh in his statement recorded in terms of Section 313 Cr.P.C. has taken Singh in his statement recorded in terms of Section 313 Cr.P.C. has taken a plea that on 14.07.2001, a group of dacoits comprising a plea that on dacoits comprising Kala Kaccha gang had come to the village and the people due to fear started firing gang had come to the village and the people due to fear started firing gang had come to the village and the people due to fear started firing indiscriminately and that Naranjan Singh also fired with his gun indiscriminately Naranjan Singh also fired with his gun and it was due to exchange of firing that Naranjan Singh had lost his life. was due to exchange of firing that Naranjan Singh had lost his life. was due to exchange of firing that Naranjan Singh had lost his life. was due to exchange of firing that Naranjan Singh had lost his life. However, sa id plea is not substantiated in any manner inasmuch as in case aid plea is not substantiated in any manner inasmuch as in case dacoits had come dacoits had come dacoits had come to to to the village and the village and the village and the villagers had the the fired indiscriminately, there would have been some report with the police in indiscriminately, there would have been some report with the police in indiscriminately, there would have been some report with the police in this regard. Neither any PW stated in this regard nor any other witness this regard. Neither any PW stated in this regard nor any oth this regard. Neither any PW stated in this regard nor any oth been examined to establish the aforesaid plea of firing on account of been examined to establish the aforesaid plea of firing had been examined to establish the aforesaid plea of firing arrival of the Kala Kaccha thieves/dacoits arrival of the 14.07.2001. thieves/dacoits in the village on 14.07.2001. As such, the said plea raised by Davinder Singh that the deceased died As such, the said plea raised by Davinder Singh that the deceased died As such, the said plea raised by Davinder Singh that the deceased died due to exchange of firing on arrival of the Kala Kaccha due to exchange of firing Kala Kaccha thieves/dacoits in is absolutely hollow and is not substantiated. the village is absolutely hollow and is not substantiated. is absolutely hollow and is not substantiated. 23. In view of the aforesaid discussion, this Court finds that the case of the In view of the aforesaid discussion, this Court finds that the case of the In view of the aforesaid discussion, this Court finds that the case of the prosecution stands fully established from the consistent testimoni prosecution stands fully established from the consistent testimonies of 4 Gurdeep Singh (complainant) and PW-5 Gurmit Singh, which stand 4 Gurdeep Singh (complainant) and PW PW-4 Gurdeep Singh (complainant) and PW substantiated from the medical evidence. substantiated from the medical evidence. The report of FSL (Ex.PCC) establishes that the empty cartridges recovered from the spot had been establishes that the empty cartridges recovered from the spot had been establishes that the empty cartridges recovered from the spot had been from the gun recovered from accused. The fact that one of the from the gun recovered from accused. fired from the gun recovered from accused. VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document CRA-D-399-DB-2004 (O&M) and 2004 (O&M) and 2004 (O&M) CRR-2128-2004 (O&M) injured/eye- had resiled would not affect the case of prosecution. -witness had resiled would not affect the case of prosecution. had resiled would not affect the case of prosecution. ( 18 ) The defence plea is far from substantiated. As such, the findings of the The defence plea is far from substantiated. As such, the findings of the The defence plea is far from substantiated. As such, the findings of the trial Court as regards guilt of appellant Davinder Singh do not warrant trial Court as regards guilt of appellant Da vinder Singh do not warrant any Finding no merit in the appeal, the interference and are hereby affirmed. Finding no merit in the appeal, the interference and are hereby affirmed. same is hereby dismissed. same is hereby dismissed. As far as revision filed on behalf of the complainant seeking reversal of As far as revision filed on behalf of the complainant 24. As far as revision filed on behalf of the complainant Gurpal Singh and Rahul Bhupinder the findings in respect of acquittal of Gurpal Singh and Rahul Bhupinder the findings in respect of acquittal of Singh is concerned, the evidence on record would not justify reversal of Singh is concerned, the evidence on record would not justify reversal of Singh is concerned, the evidence on record would not justify reversal of the findings of acquittal, as there is hardly any credible evidence to the findings of acquittal, as there is hardly any credible evidence to the findings of acquittal, as there is hardly any credible evidence to establish their involvement in the matter. As regards prayer of the establish their involvement in the matter. As regards prayer of the establish their involvement in the matter. As regards prayer of the t for enhancement of sentence in respect of Davinder Singh is complainant for enhancement of sentence in respect of Davinder Singh is complainan concerned, the instant case would not fall in the category of ‘rarest of rare concerned, the instant case would not fall in the category of ‘rarest of rare concerned, the instant case would not fall in the category of ‘rarest of rare so as to justify the death penalty. Consequently, the revision is cases’ so as to justify the death penalty. Consequently, the revision is so as to justify the death penalty. Consequently, the revision is found to be sans merits and is hereby dismissed. found to be sans merits and is hereby dism issed. GURVINDER SINGH GILL) (GURVINDER SINGH GILL JUDGE 03.04.2025 Vimal (JASJIT SINGH BEDI) JUDGE Whether speaking/reasoned: Yes/No Whether speaking/reasoned: Whether reportable: Yes/No VIMAL KUMAR 2025.04.04 19:12 I attest to the accuracy and integrity of this document