Singh @ Sahib Manjit Singh @ Sahib v. Punjab State of Punjab
Case Details
(O&M) CRA-D-566-DB-2004 (O&M) ( 1 ) FOR THE STATES OF PUNJAB & HARYANA IN THE HIGH COURT IN THE HIGH COURT FOR THE STATES AT CHANDIGARH AT CHANDIGARH CRA-D-566-DB-2004 (O&M) CRA ate of Decision: 22.05.2025 Date of Decision: Singh @ Sahib Manjit Singh @ Sahib … Appellant Versus Punjab State of Punjab ... Respondent 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: P.S.Sekhon, Advocate as Amicus Curiae, for the appellant. Mr. P.S.Sekhon, Advocate as Amicus Curiae, for the appellant. P.S.Sekhon, Advocate as Amicus Curiae, for the appellant. Attri, AAG, Punjab. Mr. Sidharth Attri, AAG, Punjab. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J. 1. Manjit Singh @ Sahib Manjit Singh @ Sahib assails judgment dated learned judgment dated 01.05.2004 passed by learned the trial Court while holding him Sessions Judge, Jalandhar, vide which the trial Court while holding him the trial Court while holding him Sessions Judge, guilty of having committed offences under Section guilty of having IPC, under Sections 302 & 323 IPC sentenced him him as under: Offence Offence Imprisonment Fine Fine 302 IPC 302 IPC Life imprisonment IPC 323 IPC RI for 6 months Rs.1000/-. In default of fine, to Rs. undergo RI for undergo RI for three months Rs.500/ Rs.500/-. In default of fine, to undergo RI for one month undergo RI for one month 2. The matter matter arises out of FIR No.137 dated registered at Police 137 dated 25.06.2002 registered at Police Station Shahkot, Shahkot, under Sections 302/323 IPC (Ex.P , at the instance of IPC (Ex.PL/2), at the instance of Sarwan Singh. The translated gist of Sarwan Sarwan Singh Sarwan Singh’s statement (Ex.P (Ex.PL) leading to FIR FIR reads as under: VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 2 ) an agriculturist. I I am a resident of Lakhsian Patti, Village Malsian and am an agriculturist. I “I am a resident of Lakhsian Patti, Village Malsian I am a resident of Lakhsian Patti, Village Malsian have two sons and two daughters, who are all married. My eldest son have two sons and two daughters, who are all married. My eldest son have two sons and two daughters, who are all married. My eldest son have two sons and two daughters, who are all married. My eldest son Hardial Singh dial Singh is residing with me at the 11.00 PM, is residing with me at the ‘Dera’. Today, at about 11.00 PM, well as other members of the family were when I, my son Hardial Singh as well as other members of the family were well as other members of the family were when I, my son Hardial Singh as sleeping at our ‘Dera’, Manjit Singh @ Sahib sleeping @ Sahib, who is co-brother (Sandu) of my younger son Amrik Singh and resides with his maternal uncle, came my younger son Amrik Singh and resides with my younger son Amrik Singh and resides with came to our ‘Dera’ and while knocking the gate, hurled abuses. I and my son ‘Dera’ and while knocking the gate, hurled abuses. I and my son and while knocking the gate, hurled abuses. I and my son towards the road and Hardial Singh opened he gate. Manjit Singh went towards the road and Hardial Singh opened he gate. Manjit Singh went Hardial Singh opened he gate. Manjit Singh went Manjit Singh gave a blow from small hand axe, when we came near him, Manjit Singh gave a blow from small hand axe, Manjit Singh gave a blow from small hand axe, when we came near him, dial Singh, who which he was holding in his hand, on the head of my son Hardial Singh, who which he was holding in his hand, on the head of my son Har which he was holding in his hand, on the head of my son Har gave a fell down. When I stepped ahead to save my son, then Manjit Singh gave a fell down. When I stepped ahead to save my son, then Manjit Singh fell down. When I stepped ahead to save my son, then Manjit Singh I raised alarm upon which blow with axe hitting me near my right eye-brow. I raised alarm upon which blow with axe hitting me near my right eye blow with axe hitting me near my right eye my other son Amrik Singh and other members of family came to the spot, my other son Amrik Singh and other members of family came to the spot my other son Amrik Singh and other members of family came to the spot my other son Amrik Singh and other members of family came to the spot Singh and his two companions, whom I can recognize if pon which Manjit Singh and his two companions, whom I can recognize if Singh and his two companions, whom I can recognize if upon which Manjit they are produced before me, sat in they are produced before me, van bearing registration sat in a ‘Maruti’ van bearing registration No.JKE JKE-9378 and attempted to escape. However, on account of haste, their 9378 and attempted to escape. However, on account of haste, their After leaving the van, Manjit Singh vehicle got stuck in the fields of paddy. After leaving the van, Manjit Singh vehicle got stuck in the fields of paddy. vehicle got stuck in the fields of paddy. and his companions ran away from the spot on foot. The reason for quarrel and his companions ran away from the spot on foot. The reason for quarrel and his companions ran away from the spot on foot. The reason for quarrel and his companions ran away from the spot on foot. The reason for quarrel is that my younger son Amrik Singh and Manjit Singh are co is that brothers my younger son Amrik Singh and Manjit Singh are co-brothers Sandu). Their father-in-law had expired and they have no brother (Sandu law. law had expired and they have no brother-in-law. However, their mother law was having 7 acres of land and a house. owever, their mother-in-law was having 7 acres of land and a house. law was having 7 acres of land and a house. Manjit Singh used to press upon her to transfer the said house and land in his Manjit Singh used to press upon her to transfer the said house and land in his Manjit Singh used to press upon her to transfer the said house and land in his Manjit Singh used to press upon her to transfer the said house and land in his , Manjit Singh and his companions have name. On account of said animosity, Manjit Singh and his companions have , Manjit Singh and his companions have name. On account of said son Gurdial Singh and have also injured given beatings and have killed my son Gurdial Singh and have also injured son Gurdial Singh and have also injured given beatings and have killed my me. I I have got my statement recorded. Action be taken. . Action be taken.” 3. was recorded in the Civil Hospital, The aforesaid statement of Sarwan Singh was recorded in the Civil Hospital, was recorded in the Civil Hospital, The aforesaid statement of Shahkot by ASI , who had gone to the Civil Hospital upon by ASI Sukhjit Singh, who had gone to the Civil Hospital upon , who had gone to the Civil Hospital upon receipt of intimation from the hospital authorities regarding admission of receipt of intimation from the hospital authorities regarding admission of receipt of intimation from the hospital authorities regarding admission of receipt of intimation from the hospital authorities regarding admission of After recording the statement, the same was sent Hardial Singh (deceased). After recording the statement, the same was sent After recording the statement, the same was sent Hardial Singh (deceased)
Facts
Inquest proceedings were conducted. to the police station for lodging of FIR. Inquest proceedings were conducted. Inquest proceedings were conducted. to the police station for lodging of FIR. The dead body was subjected to post-mortem examination. The dead body was subjected to post ASI Sukhjit mortem examination. ASI Sukhjit thereafter went to the spot and prepared a rough site plan of the place Singh thereafter went to the spot and prepared a rough site plan of the place thereafter went to the spot and prepared a rough site plan of the place thereafter went to the spot and prepared a rough site plan of the place VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 3 ) of occurrence. Blood stained soil was lifted from the place of occurren of occurrence. ce. Blood stained soil was lifted from the place of occurrence. 9378 was also taken into possession. Maruti Van bearing registration No.JKE-9378 was also taken into possession. 9378 was also taken into possession. Maruti Van bearing registration No.JKE Statements of witnesses were recorded in terms of Section 161 Cr.P.C. of witnesses were recorded in terms of Section 161 Cr.P.C. 4. Jasbir It is further the case of prosecution that the accused was produced by Jasbir It is further the case of prosecution that the accused was produced by It is further the case of prosecution that the accused was produced by Inspector Mandip Singh, who partly Singh, Sarpanch on 04.07.2002 before Inspector Mandip Singh, who partly Inspector Mandip Singh, who partly Singh, Sarpanch on 04 investigated the case. As per prosecution, investigated the case. the remaining investigation was As per prosecution, the remaining investigation was carried out by SI Kulwant Singh before whom the carried out by accused allegedly made a SI Kulwant Singh before whom the accused allegedly made a as regards concealment of axe, which he got recovered disclosure statement as regards concealment of axe, which he got recovered as regards concealment of axe, which he got recovered disclosure statement taken into possession vide nominated place and the same was taken into possession vide nominated place and the same w from the nominated place and the same w recovery memo Ex.PS/2. recovery memo Ex.P 5. Upon conclusion of investigation, challan was presented against accused Upon conclusion of investigation, challan was presented against accused Upon conclusion of investigation, challan was presented against accused Upon conclusion of investigation, challan was presented against accused Manjit Singh on 03.08.2002 in the Court of Manjit Singh learned Judicial Magistrate Ist Court of learned Judicial Magistrate Ist Class, Nakodar Nakodar, who committed the case to the Court of Sessions vide order the case to the Court of Sessions vide order dated 26.08.2002. Learned 26.08.2002. Learned Sessions Judge, Jalandhar framed charges against Sessions Judge, Jalandhar framed charges against IPC on accused for offence punishable under Sections 302/323 IPC on accused for offence punishable under Section the accused for offence punishable under Section to which he pleaded not guilty and claimed trial. 07.09.2002 to which he pleaded not guilty and claimed trial. 07.09.2002 6. The prosecution in order to establish its case examined as many as 15 PWs The prosecution in order to establish its case examined as many as The prosecution in order to establish its case examined as many as PWs. The gist of their testimonies is being briefly referred to herein The gist of their testimonies is being briefly referred to herein under:- PW-1 HC Sukhjit Singh, formal witness, tendered into evidence HC Sukhjit Singh, who is a formal witness, tendered into evidence formal witness, tendered into evidence his affidavit Ex.PA, wherein he deposed that his affidavit Ex. he was posted as MHC, , wherein he deposed that he was posted as MHC, P.S. Shahkot on 25.06.2002 and that on P.S. the said day, ASI Sukhjit and that on the said day, ASI Sukhjit one parcel containing blood stained Singh had deposited with him one parcel containing blood stained one parcel containing blood stained Singh and that on 08.07.2002, one parcel soil apart from other case property and that on 08.07.2002, one parcel and that on 08.07.2002, one parcel soil apart from other case He containing axe was deposited with him by SI Kulwant Singh. He containing axe was deposited with him by SI Kulwant Singh. containing axe was deposited with him by SI Kulwant Singh. after preparing a docket from the office of SSP, further deposed that after preparing a docket from the office of SSP, after preparing a docket from the office of SSP, further deposed that Jalandhar on 17.07.2002, the case property Jalandhar HC the case property was handed over to HC for the purpose of depositing the same in the office of Inder Singh for the purpose of depositing the same in the office of for the purpose of depositing the same in the office of Inder Singh VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 4 ) but could not be deposited on account of certain FSL, Chandigarh, but could not be deposited on account of certain but could not be deposited on account of certain FSL, Chandigarh, objections and it was subsequently on objections that the case and it was subsequently on 01.08.2002 that the case , which was property was again sent to the office of FSL, Chandigarh, which was property was again sent to the office of property was again sent to the office of deposited the same day through HC Inder Singh deposited the same day and that as long as through HC Inder Singh and that as long as the case property remained in his possession, the same was not the case property remained in his possession, the same was not the case property remained in his possession, the same was not the case property remained in his possession, the same was not tampered with. tampered with. PW-2 Constable Gurdev Lal is a formal witness, tendered into Constable Gurdev Lal, who is a formal witness, tendered into is a formal witness, tendered into evidence his affidavit Ex.PB, wherein he deposed that on evidence his affidavit Ex.P 25.06.2002, , wherein he deposed that on 25.06.2002, had while he was posted at Police Station Shahkot, ASI Sukhjit Singh had while he was posted at Police Station while he was posted at Police Station handed over to him and to Daljit Singh handed over to him and Hardial Daljit Singh the dead body of Hardial mortem examination conducted and that he Singh for getting the post-mortem examination conducted and that he mortem examination conducted and that he Singh for getting accordingly got the needful done. accordingly got the needful done. PW-3 Dr. Ajay Kumar, Dr. Ajay Kumar, Medical Officer, Civil Hospital, who had Medical Officer, Civil Hospital, Nakodar, who had conducted post-mortem examination on the dead body of conducted Hardial mortem examination on the dead body of Hardial Singh on 25.06.2002, proved the post Singh . He , proved the post-mortem report as Ex.PC. He described three injuries found on the dead body and opined that as described three injuries found on the dead body and opined that described three injuries found on the dead body and opined that described three injuries found on the dead body and opined that neurogenic and per his opinion the cause of death was due to neurogenic and per his opinion the cause of death was due to per his opinion the cause of death was due to haemorrhagic shock due to injury No.3 (on parietal region) haemorrhagic shock due to injury No.3 (on parietal region) haemorrhagic shock due to injury No.3 (on parietal region) haemorrhagic shock due to injury No.3 (on parietal region) ination with other injuries, which were individually or in combination with other injuries, which were ination with other injuries, which were individually or in comb in ordinary course of nature. sufficient to cause death in ordinary course of nature. sufficient to cause death who Dr. Vijay Kumar, Medical Officer, SHC Bhuller, PHC Shahkot, who Dr. Vijay Kumar, Medical Officer, SHC Bhuller, PHC Shahkot, PW-4 Dr. Vijay Kumar, Medical Officer, SHC Bhuller, PHC Shahkot, had medico legally examined Sarwan Singh had medico legally examined , proved Sarwan Singh on 25.06.2002, proved his MLR as Ex.PF, wherein he described his MLR as his Ex.PF, wherein he described three injuries found on his person and stated that injuries could be person (axe) in and stated that injuries could be a result of kulhari (axe) in case used from its reverse side. case used from its reverse side as Ex.PH regarding Hari Singh, Patwari, proved a copy of jamabandi as Ex.PH regarding Hari Singh, Patwari, proved a copy of PW-5 Hari Singh, Patwari, proved a copy of ownership of Gurnam Kaur. ownership of Gurnam Kaur. PW-6 Constable Gurdev Singh Constable Gurdev Singh, who is formal witness, tendered into who is a formal witness, tendered into evidence his affidavit Ex.PJ, wherein he deposed that evidence his affidavit Ex. 6.06.2002, , wherein he deposed that on 26.06.2002 he was posted on general duty at P.S.Shahkot and that SI Mukhtiar he was posted on general duty at P.S.Shahkot and that SI Mukhtiar he was posted on general duty at P.S.Shahkot and that SI Mukhtiar he was posted on general duty at P.S.Shahkot and that SI Mukhtiar Singh had handed over to him special reports of the present case and Singh had handed over to him special reports of the present case and Singh had handed over to him special reports of the present case and Singh had handed over to him special reports of the present case and VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 5 ) delivered the special reports to the Illaqa Magistrate and that he had delivered the special reports to the Illaqa Magistrate and delivered the special reports to the Illaqa Magistrate and that he had to other higher officers. to other PW-7 Constable Daljit Singh, Constable Daljit Singh, who is also a formal witness, tendered into lso a formal witness, tendered into evidence his affidavit Ex.PK, wherein he deposed that on evidence his 25.06.2002, , wherein he deposed that on 25.06.2002, ASI SI Sukhjit Singh had handed over to him and Constable Gurdev had handed over to him and to Constable Gurdev Lal, , the dead body of Hardial Singh for getting the post mortem Singh for getting the post-mortem examination conducted and that he accordingly got the needful done. examination conducted and that he accordingly got the needful done examination conducted and that he accordingly got the needful done examination conducted and that he accordingly got the needful done Sarwan Singh, who is the complainant in the present case, narrated PW-8 Sarwan Singh, who is the complainant in the present case, narrated Sarwan Singh, who is the complainant in the present case, narrated Sarwan Singh, who is the complainant in the present case, narrated the occurrence in the same manner as stated by him in the FIR. He the occurrence in the same manner as stated by him in the FIR. He the occurrence in the same manner as stated by him in the FIR. He the occurrence in the same manner as stated by him in the FIR. He specifically stated that on the day of occurrence, the accused had specifically stated that on the day of occurrence, the accused had specifically stated that on the day of occurrence, the accused had specifically stated that on the day of occurrence, the accused had knocked at the door of their house knocked at the door abuses and when house and had hurled abuses and when he alongwith his son Hardial Singh opened the door, Manjit Singh he alongwith his son Hardial Singh opened the door, Manjit Singh he alongwith his son Hardial Singh opened the door, Manjit Singh he alongwith his son Hardial Singh opened the door, Manjit Singh went towards the road and when they went near him (Manjit Singh), went towards the road and when they went near him (Manjit Singh), went towards the road and when they went near him (Manjit Singh), went towards the road and when they went near him (Manjit Singh), then he gave a blow with gandassi then he gave a blow with on the head of Hardial Singh and on the head of Hardial Singh and Singh) stepped forward to save his son, then the when he (Sarwan Singh) stepped forward to save his son, then the Singh) stepped forward to save his son, then the when he (Sarwan accused gave a gandassi blow to him as well accused gave a which hit on his blow to him as well which hit on his forehead above the right eye. forehead above the right eye. PW-9 Amrik Singh Amrik Singh, son of the complainant, witness, , son of the complainant, who is also an eye-witness, ner as stated by his father stated about the occurrence in the same manner as stated by his father stated about the occurrence in the same man stated about the occurrence in the same man Sarwan Singh (PW-8). Sarwan Singh (PW PW-10 Inspector Inspector Mandip Singh stated that he partly investigated the case Mandip Singh stated that he had partly investigated the case 04.07.2002, during the course of which he arrested Manjit Singh on 04.07.2002, during the course of which he arrested Manjit Singh on during the course of which he arrested Manjit Singh on . He who had been produced before him by Jasbir Singh, Sarpanch. He who had been produced before him by Jasbir Singh, Sarpanch who had been produced before him by Jasbir Singh, Sarpanch upon completion of investigation, challan has been stated that upon completion of investigation, challan has been upon completion of investigation, challan has been stated that presented by him. presented by him. PW-11 Amritpal Singh, Patwari Halqa , stated that he had prepared scaled site Amritpal Singh, Patwari Halqa, stated that he had prepared scaled site , stated that he had prepared scaled site plan by visiting the spot and proved the same as Ex.PO. plan by visiting the spot and proved the same as Ex.PO. plan by visiting the spot and proved the same as Ex.PO. PW-12 HC Inder Singh who is a formal witness, tendered into evidence his HC Inder Singh, who is a formal witness, tendered into evidence his who is a formal witness, tendered into evidence his affidavit Ex.PQ, wherein he deposed that affidavit Ex. , MHC , wherein he deposed that on 22.07.2002, MHC Sukhjit Singh had handed over to him Sukhjit Singh two parcels containing blood had handed over to him two parcels containing blood stained soil and axe for depositing the same in the office of FSL, stained soil and axe for depositing the same in the office of FSL, stained soil and axe for depositing the same in the office of FSL, stained soil and axe for depositing the same in the office of FSL, VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 6 ) Chandigarh, but could not be deposited Chandigarh on account of some could not be deposited on account of some parcels were objections. He further deposed that on 01.08.2002, the parcels were objections. He further deposed that on objections. He further deposed that on again handed over to him for depositing the same in the office of again handed over to him for depositing the same in the office of again handed over to him for depositing the same in the office of again handed over to him for depositing the same in the office of FSL, Chandigarh, which he accordingly FSL, Chandigarh on the same day accordingly deposited on the same day the parcels remained in his possession, the same and that as long as the parcels remained in his possession, the same the parcels remained in his possession, the same and that were not tampered with were not tampered with , he accompanied SI Kulwant Singh stated that on 25.06.2002, he accompanied SI Kulwant Singh stated that on PW-13 SI Kulwant Singh stated that on had Investigating Officer Surjit Singh to the place of occurrence and had Investigating Officer Surjit Singh to the place of occurrence and Investigating Officer Surjit Singh to the place of occurrence and partly investigated the case. He stated that the accused was arrested partly investigated the case. He stated that the accused was arrested partly investigated the case. He stated that the accused was arrested partly investigated the case. He stated that the accused was arrested 04.07.2002 and that during the course of by SHO Mandip Singh on 04.07.2002 and that during the course of 04.07.2002 and that during the course of by SHO Mandip Singh on his interrogation on 08.07.2002 in the presence of his interrogation on HC Balwinder 08.07.2002 in the presence of HC Balwinder Singh and Constable Mangat Raj, he disclosed that he had Singh and Constable Mangat Raj concealed , he disclosed that he had concealed near the house of Gurnam Kaur, which he later got the Kulhari (axe) near the house of Gurnam Kaur, which he later got near the house of Gurnam Kaur, which he later got the recovered by leading the police party to the disclosed place. He recovered by leading the police party to the disclosed place. He recovered by leading the police party to the disclosed place. He recovered by leading the police party to the disclosed place. He further deposed with regard to the investigation conducted by him. further deposed with regard to the investigation conducted by him. further deposed with regard to the investigation conducted by him. further deposed with regard to the investigation conducted by him. PW-14 ASI Sukhjit Singh , who had initially conducted investigation in the ASI Sukhjit Singh, who had initially conducted investigation in the , who had initially conducted investigation in the matter and had recorded the statement of the complainant leading to matter and had recorded the statement of the complainant leading to matter and had recorded the statement of the complainant leading to matter and had recorded the statement of the complainant leading to lodging of FIR, stated with regard to the investigation conducted by lodging of FIR, stated with regard to the investigation conducted by lodging of FIR, stated with regard to the investigation conducted by lodging of FIR, stated with regard to the investigation conducted by Apart from proving various documents/memos prepared during him. Apart from proving various documents/memos prepared during Apart from proving various documents/memos prepared during him. the stated with regard to the conduct of course of investigation, he stated with regard to the conduct of stated with regard to the conduct of inquest proceedings and also with regard to taking into possession inquest proceedings and also with regard to taking into possession inquest proceedings and also with regard to taking into possession inquest proceedings and also with regard to taking into possession blood stained soil from the place of occurrence. blood stained soil from the place of occurrence. blood stained soil from the place of occurrence. , produced Sukhwinder Singh, Clerk in the office of DTO, Kapurthala, produced Sukhwinder Singh, Clerk in the office of DTO, Kapurthala PW-15 Sukhwinder Singh, Clerk in the office of DTO, Kapurthala vehicle the record pertaining to transfer of registration pertaining to vehicle the record pertaining to transfer of registration pertaining to the record pertaining to transfer of registration pertaining to 9378 and stated that the same was bearing registration No.JKE-9378 and stated that the same was 9378 and stated that the same was bearing registration No.JKE entered in the name of Joginder Singh. entered in the name of Joginder Singh. entered in the name of Joginder Singh. 7. was Upon closure of the prosecution evidence, statements of the accused was Upon closure of the prosecution evidence, statement Upon closure of the prosecution evidence, statement recorded in terms of Section 313 Cr.P.C., wherein recorded in terms of Section 313 Cr.P.C., wherein he denied the entire case entire case of prosecution and pleaded false implication. prosecution The accused, however, did not false implication. The accused, however, did not lead any evidence in his defence. lead any evidence in his defence. VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 7 ) 8. The learned trial Court, upon marshalling the The learned trial Court brought on record, marshalling the evidence brought on record, held that the prosecution had f ully established the charges framed against the the prosecution had fully established the charges framed against the ully established the charges framed against the accused and consequently, held him guilty for having committed offences accused and consequently, held him guilty for having committed offence accused and consequently, held him guilty for having committed offence accused and consequently, held him guilty for having committed offence under Sections 302 & 323 IPC vide impugned judgment. under Section vide impugned judgment. 9. Learned counsel for the appellant, while assailing the Learned counsel for the impugned judgment, while assailing the impugned judgment, he has falsely been implicated in the present case apparently submitted that he has falsely been implicated in the present case apparently he has falsely been implicated in the present case apparently submitted that on account the animosity between complainant’s son Amrik Singh and the complainant’s son Amrik Singh and the counsel submitted , which has been stated in the FIR itself. Learned counsel submitted , which has been stated in the FIR itself. Learned accused, which has been stated in the FIR itself. Learned that the manner of occurrence indicates that at best it is a case where the that the manner of occurrence indicates that at best it is a case where the that the manner of occurrence indicates that at best it is a case where the that the manner of occurrence indicates that at best it is a case where the accused had hurled some abuses outside the house of the deceased and had accused had hurled some abuses outside the house of the deceased and had accused had hurled some abuses outside the house of the deceased and had accused had hurled some abuses outside the house of the deceased and had from there and it was subsequently that Sarwan Singh (complainant) left from there and it was subsequently that Sarwan Singh (complainant) from there and it was subsequently that Sarwan Singh (complainant) from there and it was subsequently that Sarwan Singh (complainant) is eldest son Hardial Singh (deceased) opened the gate and accompanied by his eldest son Hardial Singh (deceased) opened the gate and is eldest son Hardial Singh (deceased) opened the gate and accompanied by h walked upto the road to the place slightly away from the house where the walked upto the road to the place slightly away from the house where the walked upto the road to the place slightly away from the house where the walked upto the road to the place slightly away from the house where the occurrence is alleged to have taken place, which would clearly indicate that it occurrence is alleged to have taken place, which would clearly indicate that it occurrence is alleged to have taken place, which would clearly indicate that it occurrence is alleged to have taken place, which would clearly indicate that it Learned counsel is not the accused, who had initiated the alleged fight. Learned counsel is not the accused, who had initiated the is not the accused, who had initiated the further submitted that both the eye-witnesses i.e. further submitted that both the 8 Sarwan Singh witnesses i.e. PW-8 Sarwan Singh in any case are interested witnesses being (complainant) and Amrik Singh in any case are interested witnesses being in any case are interested witnesses being (complainant) and Amrik Singh the complainant father and brother of Hardial Singh (deceased) and since the complainant father and brother of Hardial Singh (deceased) and since father and brother of Hardial Singh (deceased) and since , therefore, it is says that there was some kind of enmity between them, therefore, it is says that there was some kind of enmity himself says that there was some kind of enmity apparent that on account of said alleged enmity, the accused has been falsely apparent that on account of said alleged enmity, the accused has been falsely apparent that on account of said alleged enmity, the accused has been falsely apparent that on account of said alleged enmity, the accused has been falsely implicated. implicated. 10. Opposing the appeal, learned State counsel submitted that it is a case based Opposing the appeal, learned State counsel submitted that it is a case based appeal, learned State counsel submitted that it is a case based on direct evidence wherein two PWs i.e. PW on direct evi dence wherein two PWs i.e. PW-8 Sarwan Singh and PW 8 Sarwan Singh and PW-9 Amrik Singh have given a consistent account of the occurrence and Amrik Singh both have given a consistent account of the occurrence and that both VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 8 ) are natural witnesses inasmuch as they were residing in the same of them are natural witnesses inasmuch as they were residing in the same are natural witnesses inasmuch as they were residing in the same are natural witnesses inasmuch as they were residing in the same Learned State counsel as the deceased being his father and brother. Learned State counsel as the deceased being his father and brother. house as the deceased being his father and brother. have been submitted that in these circumstances, the findings of guilt as have been submitted that in these circumstances, the findings of guilt as submitted that in these circumstances, the findings of guilt as recorded by the trial Court do not suffer from any infirmity and ought to be recorded by the trial Court do not suffer from any infirmity and ought to be recorded by the trial Court do not suffer from any infirmity and ought to be recorded by the trial Court do not suffer from any infirmity and ought to be upheld. with We have considered rival submissions addressed before this Court and with We have considered rival submissions addressed before this Court and 11. We have considered rival submissions addressed before this Court and
Legal Reasoning
As such, we find that the medical evidence led by the prosecution is in tune As such, we find that the medical evidence led by the prosecution is in tune As such, we find that the medical evidence led by the prosecution is in tune As such, we find that the medical evidence led by the prosecution is in tune with the case of prosecution regarding an injury having been inflicted with an with the case of prosecution regarding an injury having been inflicted with an with the case of prosecution regarding an injury having been inflicted with an with the case of prosecution regarding an injury having been inflicted with an axe on the head of the deceased leading to his death. axe on the head of the deceased leading to his de axe on the head of the deceased leading to his de Coming to the ocular version, we find that it is the specific case of the 15. Coming to the ocular version, we find that it is the specific case of the Coming to the ocular version, we find that it is the specific case of the Coming to the ocular version, we find that it is the specific case of the 24.06.2002 at about 11.00 PM, prosecution that on the day of occurrence i.e. 24.06.2002 at about 11.00 PM, prosecution that on the day of occurrence i.e. prosecution that on the day of occurrence i.e. the accused had knocked the door of the house of complainant while hurling the accused had knocked the door of the house of complainant while hurling the accused had knocked the door of the house of complainant while hurling the accused had knocked the door of the house of complainant while hurling Sarwan Singh (complainant) and his son Hardial Singh abuses and when Sarwan Singh (complainant) and his son Hardial Singh Sarwan Singh (complainant) and his son Hardial Singh abuses and when (deceased) opened the gate, the accused proceeded towards the road. A opened the gate, the accused proceeded towards the road. A opened the gate, the accused proceeded towards the road. A shows that the house of the complainant is perusal of the site plan Ex.PU shows that the house of the complainant is shows that the house of the complainant is perusal of the site plan Ex.P situated in the fields, a in the fields, a little away from the road gh the fields abut the little away from the road although the fields abut the road. The point ‘A’, where the occurrence had taken place road. The would be at a where the occurrence had taken place would be at a distance of about 25-30 feet from the gate of house of complainant distance of about 25 As per 30 feet from the gate of house of complainant. As per the FIR, when Sarwan Singh (complainant) and his son Hardial Singh the FIR, when Sarwan Singh (complainant) and his son Hardial Singh the FIR, when Sarwan Singh (complainant) and his son Hardial Singh the FIR, when Sarwan Singh (complainant) and his son Hardial Singh (deceased) went t owards the accused, who was on road and reached near him, went towards the accused, who was on road and reached near him, owards the accused, who was on road and reached near him, VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 10 ) accused Manjit Singh gave a blow with an axe on the head of Hardial Singh. accused Manjit Singh gave a blow with an axe on the head of Hardial Singh. accused Manjit Singh gave a blow with an axe on the head of Hardial Singh. accused Manjit Singh gave a blow with an axe on the head of Hardial Singh. It is further the case of prosecution that when the complainant tried to save It is further the case of prosecution that when the complainant tried to save It is further the case of prosecution that when the complainant tried to save It is further the case of prosecution that when the complainant tried to save a blow to him as well on his face his son Hardial Singh, the accused inflicted a blow to him as well on his face his son Hardial Singh, the accused inflicted his son Hardial Singh, the accused inflicted brow. When Sarwan Singh (complainant) stepped into the near his right eye-brow. When Sarwan Singh (complainant) stepped into the brow. When Sarwan Singh (complainant) stepped into the near his right eye witness-box as PW 8, he stated identically to this effect. The relevant extract box as PW-8, he stated identically to this effect. The relevant extract 8, he stated identically to this effect. The relevant extract from his statement reads as under: from his statement reads as under: and knocked our outer door and he abused ………….He came to our Dera and knocked our outer door and he abused and knocked our outer door and he abused “………….He came to our us, at which I and my son Hardial Singh opened the gate and came out. us, at which I and my son Hardial Singh opened the gate and came out. us, at which I and my son Hardial Singh opened the gate and came out. us, at which I and my son Hardial Singh opened the gate and came out. . I and Hardial Singh went near Manjit Manjit Singh went towards the road. I and Hardial Singh went near Manjit . I and Hardial Singh went near Manjit Manjit Singh went towards the road Singh. Manjit Singh gave a gandassi blow which he was holding in his Singh. Manjit Singh gave a hand blow which he was holding in his hand on the head of my son Hardial Singh, at which my son Hardial Singh fell on on the head of my son Hardial Singh, at which my son Hardial Singh fell on on the head of my son Hardial Singh, at which my son Hardial Singh fell on on the head of my son Hardial Singh, at which my son Hardial Singh fell on the ground on receipt of injury, I stepped forward to save my son, he then the ground on receipt of injury, I stepped forward to save my son, he then the ground on receipt of injury, I stepped forward to save my son, he then the ground on receipt of injury, I stepped forward to save my son, he then blow which hit on the forehead above the right gave me a gandassi blow which hit on the forehead above the right blow which hit on the forehead above the right gave me a eye………..” eye……….. 16. The other eye 9 Amrik Singh also stated identically. The other eye-witness, namely, PW-9 Amrik Singh also stated identically. 9 Amrik Singh also stated identically. The relevant extract from his statement reads as under: The relevant extract from his statement reads as under: The relevant extract from his statement reads as under: …………He came to our Dera and knocked the door of our “………… and and knocked the door of our Dera and started abusing us. My father Sarwan Singh and brother Hardial Singh started abusing us. My father Sarwan Singh and brother Hardial Singh started abusing us. My father Sarwan Singh and brother Hardial Singh started abusing us. My father Sarwan Singh and brother Hardial Singh r (gate). Manjit Singh started going towards Malsian on the opened the door (gate). Manjit Singh started going towards Malsian on the r (gate). Manjit Singh started going towards Malsian on the opened the doo My father and my brother Hardial Singh passage which goes to that village. My father and my brother Hardial Singh My father and my brother Hardial Singh passage which goes to that village. . When my father and brother went went behind him and I also followed. When my father and brother went . When my father and brother went went behind him and I also followed near Manjit Singh, he gave a gandassi blow to my near Manjit Singh, he gave a and blow to my brother Hardial Singh and blow on the when my father intervened Manjit Singh again gave a gandassi blow on the when my father intervened Manjit Singh again gave a when my father intervened Manjit Singh again gave a forehead of my father. Hardial Singh received injury as a result of blow in forehead of my father. Hardial Singh received injury as a result of blow in forehead of my father. Hardial Singh received injury as a result of blow in forehead of my father. Hardial Singh received injury as a result of blow in the head and he fell down after receipt of injury……… the head and he fell down after receipt of injury………” A perusal of the aforesaid statements of PW-8 Sarwan Singh and PW A perusal of the aforesaid statements of PW 17. A perusal of the aforesaid statements of PW 8 Sarwan Singh and PW-9 Amrik Singh shows that they have stated consistently regarding the manner Amrik Singh shows that they have stated consistently regarding the manner Amrik Singh shows that they have stated consistently regarding the manner Amrik Singh shows that they have stated consistently regarding the manner of occurrence. It is borne out that the accused after knocking at the door of of occurrence. It is borne out that the accused after knocking at the door of of occurrence. It is borne out that the accused after knocking at the door of of occurrence. It is borne out that the accused after knocking at the door of owards road and when Sarwan Singh the complainant’s house went away towards road and when Sarwan Singh owards road and when Sarwan Singh the complainant’s house went away t VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 11 ) (complainant) and his son Hardial Singh (deceased) opened the door and (complainant) and his son Hardial Singh (deceased) opened the door and (complainant) and his son Hardial Singh (deceased) opened the door and (complainant) and his son Hardial Singh (deceased) opened the door and went towards the accused, who was a little away, the accused inflicted a blow went towards the accused, who was a little away, the accused inflicted a blow went towards the accused, who was a little away, the accused inflicted a blow went towards the accused, who was a little away, the accused inflicted a blow with axe on the head of Hardial Singh. Both the said witnesses i.e. PW with axe on the head of Hardial Singh. Both the with axe on the head of Hardial Singh. Both the said witnesses i.e. PW-8 Sarwan Singh and PW-9 Amrik Singh were cross Sarwan Singh and PW examined at length on were cross-examined at length on but nothing substantial could be elicited during the behalf of the accused, but nothing substantial could be elicited during the but nothing substantial could be elicited during the behalf of the accused, course of their cross-examination. course of their cross 18. At this stage, it is stage, it is also apposite to refer to the medical evidence led by the apposite to refer to the medical evidence led by the prosecution with regard to the injuries found on the person of Sarwan Singh prosecution with regard to the injuries found on the person of Sarwan Singh prosecution with regard to the injuries found on the person of Sarwan Singh prosecution with regard to the injuries found on the person of Sarwan Singh , who (complainant). The prosecution has examined PW-4 Dr. Vijay Kumar, who (complainant). The prosecution has examined PW (complainant). The prosecution has examined PW stated that on 25.06.2002 at about 12.15 AM stated that on , he had medico legally 25.06.2002 at about 12.15 AM, he had medico legally Singh and found the following injuries on his person: examined Sarwan Singh and found the following injuries on his person: examined Sarwan A lacerated wound 3 x 1/2 cm on right side of forehead 1 cm above the “1. A lacerated wound 3 x 1/2 cm on right side of forehead 1 cm above the A lacerated wound 3 x 1/2 cm on right side of forehead 1 cm above the A lacerated wound 3 x 1/2 cm on right side of forehead 1 cm above the lateral end of right eye brow. Wound was bone deep. Blood clot was lateral end of right eye brow. Wound was bone deep. Blood clot was lateral end of right eye brow. Wound was bone deep. Blood clot was lateral end of right eye brow. Wound was bone deep. Blood clot was present in the wound. present in the wound. 2. he right thumb on medial aspect of distal A lacerated wound 1 x 1/4 cm on the right thumb on medial aspect of distal he right thumb on medial aspect of distal A lacerated wound 1 x 1/4 cm on t phalnx. Wound was vertical in direction. Blood clot was present in wound. phalnx. Wound was vertical in direction. Blood clot was present in wound. phalnx. Wound was vertical in direction. Blood clot was present in wound. phalnx. Wound was vertical in direction. Blood clot was present in wound. 3. An abrasion 1 x 1/2 cm on right knee joint. Anterialy blood clot was present An abrasion 1 x 1/2 cm on right knee joint. Anterialy blood clot was present An abrasion 1 x 1/2 cm on right knee joint. Anterialy blood clot was present An abrasion 1 x 1/2 cm on right knee joint. Anterialy blood clot was present in the wound.” in the wound. 19. Sarwan Singh (complainant) was medico legally examined on 25.06.2002 at Sarwan Singh (complainant) was medico legally examined on 25.06.2002 at legally examined on 25.06.2002 at about 12.15 AM, which would mean that barely about 1 hour & 15 minutes about 12.15 AM, which would mean that barely about 1 hour & 15 minutes about 12.15 AM, which would mean that barely about 1 hour & 15 minutes about 12.15 AM, which would mean that barely about 1 hour & 15 minutes after the occurrence. Under these circumstances, this Court does not find any after the occurrence. Under these circumstances, this Court does not find any after the occurrence. Under these circumstances, this Court does not find any after the occurrence. Under these circumstances, this Court does not find any rwan reason to doubt the factum of existence of injuries on the person of Sarwan reason to doubt the factum of existence of injuries on the person of reason to doubt the factum of existence of injuries on the person of Singh and which would make him a stamped witness whose testimony cannot Singh and which would make him a stamped witness whose testimony cannot Singh and which would make him a stamped witness whose testimony cannot Singh and which would make him a stamped witness whose testimony cannot be doubted unless there is something very convincing to contradict the same. be doubted unless there is something very convincing to contradict the same. be doubted unless there is something very convincing to contradict the same. be doubted unless there is something very convincing to contradict the same. Vijay Kumar was formally cross- The aforesaid witness i.e. PW-4 Dr. Vijay Kumar was formally cross Vijay Kumar was formally cross The aforesaid witness i.e. PW hing substantial to doubt his testimony. examined briefly, but there is nothing substantial to doubt his testimony. hing substantial to doubt his testimony. examined briefly, but there is not Having regard to the consistent testimonies of PW Having regard to the 8 Sarwan Singh consistent testimonies of PW-8 Sarwan Singh VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 12 ) (complainant) as well as other eye-witness i.e. PW (complainant) as well as other eye coupled witness i.e. PW-9 Amrik Singh coupled hat with the medical evidence, there is no manner of doubt as regards the fact that with the medical evidence, there is no manner of doubt as regards the fact t with the medical evidence, there is no manner of doubt as regards the fact t it is the accused, who had inflicted an injury on the head of Hardial Singh it is the accused, who had inflicted an injury on the head of Hardial Singh it is the accused, who had inflicted an injury on the head of Hardial Singh it is the accused, who had inflicted an injury on the head of Hardial Singh (deceased) leading to his death and had also injured the complainant. (deceased) leading to his death and had also injured the complainant. (deceased) leading to his death and had also injured the complainant. However, the material question which still survives is as to whether the 20. However, the material question which still survives is as to whether the However, the material question which still survives is as to whether the However, the material question which still survives is as to whether the homicidal death caused by the accused/appellant would attract an offence homicidal death caused by the accused/appellant would attract an offence homicidal death caused by the accused/appellant would attract an offence homicidal death caused by the accused/appellant would attract an offence under Section 302 IPC or as to whether it would attract a lesser offence in under Section 302 IPC or as to whether it would attract a lesser offence in under Section 302 IPC or as to whether it would attract a lesser offence in under Section 302 IPC or as to whether it would attract a lesser offence in context, reference needs to be made to terms of Section 304 IPC. In this context, reference needs to be made to context, reference needs to be made to terms of Section 304 IPC. Exceptions to “murder” carved out under Section 300 IPC. Section 300 IPC to “murder” carved out under Section 300 IPC. Section 300 IPC to “murder” carved out under Section 300 IPC. Section 300 IPC is reproduced herein under: is reproduced herein under: Except in the cases hereinafter excepted, culpable homicide is Except in the cases hereinafter excepted, culpable homicide is 300. Murder. - Except in the cases hereinafter excepted, culpable homicide is “300. Murder. murder, if the act by which the death is caused is done with the intention of causing murder, if the act by which the death is caused is done with the intention of causing murder, if the act by which the death is caused is done with the intention of causing murder, if the act by which the death is caused is done with the intention of causing death, or – death, or Secondly. - It is done with intention of causing such bodily injury as the offender It is done with intention of causing such bodily injury as the offender It is done with intention of causing such bodily injury as the offender Secondly o be likely to cause the death of the person to whom the harm is caused, or – o be likely to cause the death of the person to whom the harm is caused, or knows to be likely to cause the death of the person to whom the harm is caused, or knows t Thirdly. If it is done with the intention of causing bodily injury to any person and If it is done with the intention of causing bodily injury to any person and . - If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature the bodily injury intended to be inflicted is sufficient in the ordinary course of nature the bodily injury intended to be inflicted is sufficient in the ordinary course of nature the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or – to cause death, or Fourthly imminently dangerous If the person committing the act knows that it is so imminently dangerous Fourthly. - If the person committing the act knows that it is so that it must, in all probability, cause death or such bodily injury as is likely to cause that it must, in all probability, cause death or such bodily injury as is likely to cause that it must, in all probability, cause death or such bodily injury as is likely to cause that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death, and commits such act without any excuse for incurring the risk of causing death, and commits such act without any excuse for incurring the risk of causing death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. death or such injury as aforesaid. Exception 1.- Culpable homicide is not murder if homicide is not murder. - Culpable homicide is not murder if When culpable homicide is not murder. the offender, whilst deprived of the power of self control by grave and sudden the offender, whilst deprived of the power of self-control by grave and sudden the offender, whilst deprived of the power of self provocation, causes the death of the person who gave the provocation or provocation, causes the death of the person who gave the provocation or provocation, causes the death of the person who gave the provocation or provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. causes the death of any other person by mis causes the death of any other person by mis The above exception is subject to the following provisos:- The above exception is subject to the following provisos: The above exception is subject to the following provisos: That the provocation is not sought or voluntarily provoked by the First. - That the provocation is not sought or voluntarily provoked by the That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person. offender as an excuse for killing or doing harm to any person. Secondly. - That the provocation is not given by anything done in obedience That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of to the law, or by a public servant in the lawful exercise of the powers of to the law, or by a public servant in the lawful exercise of the powers of such public servant. Thirdly. - That the provocation is not given by anything done in the lawful That the provocation is not given by anything done in the lawful That the provocation is not given by anything done in the lawful exercise of the right of private defence. exercise of the right of private defence. Whether the provocation was grave and sudden enough to Explanation. - Whether the provocation was grave and sudden enough to Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. prevent the offence from amounting to murder is a question of fact. VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 13 ) Exception 2. Culpable homicide is not murder if the offender, in the exercise in good - Culpable homicide is not murder if the offender, in the exercise in good Culpable homicide is not murder if the offender, in the exercise in good defence of person or property, exceeds the power defence of person or property, exceeds the power faith of the right of private defence of person or property, exceeds the power faith of the right of private given to him by law and causes the death of the person against whom he is given to him by law and causes the death of the person against whom he is given to him by law and causes the death of the person against whom he is given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any exercising such right of defence without premeditation, and without any exercising such right of defence without premeditation, and without any exercising such right of defence without premeditation, and without any e of such intention of doing more harm that in necessary for the purpose of such intention of doing more harm that in necessary for the purpos intention of doing more harm that in necessary for the purpos defence. defence. Exception 3. Culpable homicide is not murder if the offender, being a public servant or Culpable homicide is not murder if the offender, being a public servant or - Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds aiding a public servant acting for the advancement of public justice, exceeds aiding a public servant acting for the advancement of public justice, exceeds aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act whi ch he, the powers given to him by law, and causes death by doing an act which he, the powers given to him by law, and causes death by doing an act whi in good faith, believes to be lawful and necessary for the due discharge of his in good faith, believes to be lawful and necessary for the due discharge of his in good faith, believes to be lawful and necessary for the due discharge of his in good faith, believes to be lawful and necessary for the due discharge of his will towards the person whose duty as such public servant and without ill-will towards the person whose duty as such public servant and without ill duty as such public servant and without ill death is caused. death is caused. Exception 4. - editation in Culpable homicide is not murder if it is committed without premeditation in - Culpable homicide is not murder if it is committed without prem a sudden fight in the heat of passion upon a sudden quarrel and without the a sudden fight in the heat of passion upon a sudden quarrel and without the a sudden fight in the heat of passion upon a sudden quarrel and without the a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual offenders having taken undue advantage or acted in a cruel or unusual offenders having taken undue advantage or acted in a cruel or unusual offenders having taken undue advantage or acted in a cruel or unusual manner. manner It is immaterial in such cases which party offers the Explanation. - It is immaterial in such cases which party offers the It is immaterial in such cases which party offers the Explanation provocation or commits the first assault. provocation or commits the first assault. provocation or commits the first assault. Exception 5. - Culpable homicide is not murder when the person whose death is caused, Culpable homicide is not murder when the person whose death is caused, Culpable homicide is not murder when the person whose death is caused, of death being above the age of eighteen years, suffers death or takes the risk of death being above the age of eighteen years, suffers death or takes the risk being above the age of eighteen years, suffers death or takes the risk with his own consent with his own consent.” he evidence clearly shows that the accused had come to the house of Sarwan 21. The evidence clearly shows that the accused had come to the house of Sarwan he evidence clearly shows that the accused had come to the house of Sarwan he evidence clearly shows that the accused had come to the house of Sarwan of the house, Singh (complainant) and hurled abuses while knocking the door of the house Singh (complainant) and hurled abuses while knocking the door Singh (complainant) and hurled abuses while knocking the door but when the complainant (PW the complainant (PW-8 Sarwan Singh) Singh 8 Sarwan Singh) and his son Hardial Singh (deceased) opened the gate, the accused had already moved from the gate , the accused had already moved from the gate towards the road. As depicted in the site plan towards the road the accused inflicted a the site plan Ex.PU, the accused inflicted a at Point ‘A’, which blow with an axe on the head of Hardial Singh (deceased) at Point ‘A’, which blow with an axe on the head of Hardial Singh (deceased) blow with an axe on the head of Hardial Singh (deceased) hort distance away from the gate of house of complainant. is on the road at a short distance away from the gate of house of complainant. hort distance away from the gate of house of complainant. is on the road at a s The aforesaid conduct of the accused in having moved away from the gate of The aforesaid conduct of the accused in having moved away from the gate of The aforesaid conduct of the accused in having moved away from the gate of The aforesaid conduct of the accused in having moved away from the gate of after hurling abuses and having moved upto the road complainant’s house after hurling abuses and having moved upto the road after hurling abuses and having moved upto the road complainant’s house at stage he did not have where occurrence had taken place, shows that at that stage he did not have where occurrence had taken place, shows that at th where occurrence had taken place, shows that at th any intention to kill the deceased. It was subsequently when the complainant any intention to kill the deceased. It was subsequently when the complainant any intention to kill the deceased. It was subsequently when the complainant any intention to kill the deceased. It was subsequently when the complainant and his son Hardial Singh went upto him that the accused gave a and his son Hardial Singh went upto him blow that the accused gave a single blow the injury was with an axe to the deceased on his head. It appears that the injury was with an axe to the deceased on his head. with an axe to the deceased on his head. inflicted when Sarwan Singh (complainant) and Hardial Singh (deceased) when Sarwan Singh (complainant) and Hardial Singh (deceased) Sarwan Singh (complainant) and Hardial Singh (deceased) VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 14 ) gate of confronted the accused for having hurled abuses after knocking at the gate of confronted the accused for having hurled abuses confronted the accused for having hurled abuses their house. As stated above, the act of the accused in having moved away . As stated above, the act of the accused in having moved away As stated above, the act of the accused in having moved away complainant shows that till that point of time he had no from the house of complainant shows that till that point of time he had no complainant shows that till that point of time he had no from the house of intention to kill the deceased. Upon being confronted or challenged, he intention to kill the deceased. Upon being confronted or challenged, he intention to kill the deceased. Upon being confronted or challenged, he intention to kill the deceased. Upon being confronted or challenged, he The inflicted one blow with axe on head of deceased, which proved fatal. The inflicted one blow with axe on head of deceased, which proved fatal. inflicted one blow with axe on head of deceased, which proved fatal. ld fall within the ambit of aforesaid facts suggest that it is a case which would fall within the ambit of aforesaid facts suggest that it is a case which wou aforesaid facts suggest that it is a case which wou Exception 4 of Section 300 attracting an offence under Section 304 Part Exception 4 of Section 300 attract I IPC an offence under Section 304 Part-I IPC and not an offence under Section 302 IPC. and not an offence As such, the accused/appellant is under Section 302 IPC. As such, the accused/appellant is C. guilty of having committed offence punishable under Section 304 Part-I IPC. guilty of having committed offence punishable under Section 304 Part guilty of having committed offence punishable under Section 304 Part As far as conviction of the appellant for offence punishable under Section 22. As far as conviction of the appellant for offence punishable under Section As far as conviction of the appellant for offence punishable under Section As far as conviction of the appellant for offence punishable under Section 323 IPC for having inflicted simple hurt to Sarwan Singh (complainant) is 323 IPC for having inflicted simple hurt to Sarwan Singh (complainant) is 323 IPC for having inflicted simple hurt to Sarwan Singh (complainant) is 323 IPC for having inflicted simple hurt to Sarwan Singh (complainant) is 8 Sarwan Singh while in the witness box has categorically concerned, PW-8 Sarwan Singh while in the witness box has categorically 8 Sarwan Singh while in the witness box has categorically concerned, stated about the accused having inflicted injur stated about the accused hav on his ing inflicted injury to him with a gandassi on his forehead above his right eye. His son i.e. PW forehead above his right eye. , who is an eye- His son i.e. PW-9 Amrik Singh, who is an eye The medical evidence in the shape of witness, has also stated identically. The medical evidence in the shape of The medical evidence in the shape of witness, has also stated identically. statement of PW-4 Dr. Vijay Kumar, Medical Officer, statement of PW who had medico , Medical Officer, who had medico legally examined Sarwan Singh (complainant) on legally examined Sarwan Singh 25.06.2002 also fully (complainant) on 25.06.2002 also fully establishes the factum of existence of injury on the person of Sarwan Singh. establishes the factum of existence of injury on the person of Sarwan Singh. establishes the factum of existence of injury on the person of Sarwan Singh. establishes the factum of existence of injury on the person of Sarwan Singh. There is nothing on record to doubt either the ocular version set-forth There is nothing on record to doubt either the ocular version set There is nothing on record to doubt either the ocular version set by Sarwan Singh (complainant) and his son Sarwan Singh (compl Amrik Singh or the medical ainant) and his son Amrik Singh or the medical any ground to interfere with the evidence. Consequently, we do not find any ground to interfere with the evidence. Consequently, we do not find evidence. Consequently, we do not find findings of guilt of the accused as regards offence under Section 323 IPC and findings of guilt of the accused as regards offence under Section 323 IPC and findings of guilt of the accused as regards offence under Section 323 IPC and findings of guilt of the accused as regards offence under Section 323 IPC and the same are hereby affirmed. the same are hereby affirmed. VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 15 ) 23. As a sequel to the disc As a sequel to the discussion made above, the conviction of the appellant as ussion made above, the conviction of the appellant as recorded by the trial Court is altered from Section 302 IPC to Section 304 recorded by the trial Court is altered from Section 302 IPC to Section 304 recorded by the trial Court is altered from Section 302 IPC to Section 304 recorded by the trial Court is altered from Section 302 IPC to Section 304 I IPC. The sentence of imprisonment for life is also reduced to RI for Part-I IPC. The sentence of imprisonment for life is also reduced to RI for I IPC. The sentence of imprisonment for life is also reduced to RI for 10 The sentence as imposed years. The fine, however, shall remain unaltered. The sentence as imposed years. The fine, however, shall remain unalter years. The fine, however, shall remain unalter for offence under Section 323 IPC shall also remained unaltered and shall run for offence under Section 323 IPC shall also remained unaltered and shall run for offence under Section 323 IPC shall also remained unaltered and shall run for offence under Section 323 IPC shall also remained unaltered and shall run concurrently alongwith sentence for offence under Section 304 Part concurrently alongwith sentence for offence under Section 304 Part-I IPC. The period already undergone shall, however, be set off against the sentence 24. The period already undergone shall, however, be set off against the sentence The period already undergone shall, however, be set off against the sentence The period already undergone shall, however, be set off against the sentence imposed. The accused be arrested to undergo the remaining sentence. imposed. The accused be arrested to undergo the remaining sentence. imposed. The accused be arrested to undergo the remaining sentence. rdingly, the appeal stands partly accepted to the extent indicated above. 25. Accordingly, the appeal stands partly accepted to the extent indicated above. rdingly, the appeal stands partly accepted to the extent indicated above. rdingly, the appeal stands partly accepted to the extent indicated above. 26. A copy of this judgme A copy of this judgment be sent to the quarters concerned for necessary nt be sent to the quarters concerned for necessary compliance. compliance 22.05.2025 Vimal GURVINDER SINGH GILL) (GURVINDER SINGH GILL JUDGE (JASJIT SINGH BEDI) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document
Arguments
the assistance of learned counsel have also perused the record of the case. the assistance of learned counsel have also perused the record of the case. the assistance of learned counsel have also perused the record of the case. 12. It is apposite to first of all refer to the medical evidence led by the It is apposite to first of all refer to the medical evidence led by the It is apposite to first of all refer to the medical evidence led by the It is apposite to first of all refer to the medical evidence led by the prosecution as regards alleged homicidal death prosecution as regards Dr. alleged homicidal death of Hardial Singh. PW-3 Dr. Ajay Kumar, who had conducted the post- Ajay Kumar, who had mortem examination on the dead -mortem examination on the dead body of Hardial Hardial Singh, described the injuries found on dead body as Singh, described the injuries found on the dead body as under: A brownish black contusion measuring 5 cm x 3 cm was present in the left “1. A brownish black contusion measuring 5 cm x 3 cm was present in the left A brownish black contusion measuring 5 cm x 3 cm was present in the left A brownish black contusion measuring 5 cm x 3 cm was present in the left mammary area. mammary area. 2. A brownish black linear abrasion measuring A brownish black 5 cm x .5 cm was present on the abrasion measuring 5 cm x .5 cm was present on the left side of the chest 4 cm medial to left nipple. left side of the chest 4 cm medial to left nipple. left side of the chest 4 cm medial to left nipple. 3. An incised wound measuring 6 cm x 1.5 cm x 2.5 cm was present on the left An incised wound measuring 6 cm x 1.5 cm x 2.5 cm was present on the left An incised wound measuring 6 cm x 1.5 cm x 2.5 cm was present on the left An incised wound measuring 6 cm x 1.5 cm x 2.5 cm was present on the left parietal region. Wound was obliquely placed and 1 cm from midline parietal region. Wound was obliquely placed and 1 cm from midline parietal region. Wound was obliquely placed and 1 cm from midline parietal region. Wound was obliquely placed and 1 cm from midline underlying bone was cut.” underlyin A perusal of the description of injuries shows that while injuries No.1 & 2 are 13. A perusal of the description of injuries shows that while injuries No.1 & 2 are A perusal of the description of injuries shows that while injuries No.1 & 2 are A perusal of the description of injuries shows that while injuries No.1 & 2 are merely in the nature of abrasions, injury No.3 is in the nature of an incised merely in the nature of abrasions, injury No.3 is in the nature of an incised merely in the nature of abrasions, injury No.3 is in the nature of an incised merely in the nature of abrasions, injury No.3 is in the nature of an incised wound measuring 6 cm x 1.5 cm x 2.5 cm on the left parietal region. PW wound measuring 6 cm x 1.5 cm x 2.5 cm on the left parietal region. wound measuring 6 cm x 1.5 cm x 2.5 cm on the left parietal region. PW-3 Dr. Ajay Kumar Ajay Kumar further stated that underlying bone was and that underlying bone was found to be cut and brain matter was inflamed and torn haemotoma measuring 5 cm x 3 cm rain matter was inflamed and torn and a haemotoma measuring 5 cm x 3 cm haemotoma measuring 5 cm x 3 cm Upon being shown the recovered was present in the surrounding area. Upon being shown the recovered Upon being shown the recovered was present in 3 Dr. Ajay Kumar opined that possibility of injury No.3 having weapon, PW-3 Dr. Ajay Kumar opined that possibility of injury No.3 having 3 Dr. Ajay Kumar opined that possibility of injury No.3 having weapon, PW VIMAL KUMAR 2025.05.23 13:17 I attest to the accuracy and integrity of this document (O&M) CRA-D-566-DB-2004 (O&M) ( 9 ) been caused with said weapon could not be ruled out. He further opined that been caused with said weapon could not be ruled out. He further opined that been caused with said weapon could not be ruled out. He further opined that been caused with said weapon could not be ruled out. He further opined that opinion the cause of death was due to neurogenic and haemorrhagic in his opinion the cause of death was due to neurogenic and haemorrhagic opinion the cause of death was due to neurogenic and haemorrhagic opinion the cause of death was due to neurogenic and haemorrhagic hock due to injury No.3 (on parietal region) individually or in combination shock due to injury No.3 (on parietal region) individually or in combination hock due to injury No.3 (on parietal region) individually or in combination hock due to injury No.3 (on parietal region) individually or in combination with other injuries, which were sufficient to cause death in ordinary course of with other injuries, which were sufficient to cause death in ordinary course of with other injuries, which were sufficient to cause death in ordinary course of with other injuries, which were sufficient to cause death in ordinary course of nature. 14. The witness was briefly examined on behalf of the accused, but nothing The witness was briefly cross-examined on behalf of the accused, but nothing examined on behalf of the accused, but nothing examination so as l could be elicited during the course of his cross-examination so as l could be elicited during the course of his cross substantial could be elicited during the course of his cross The evidence and the description to either doubt his veracity or his opinion. The evidence and the description to either doubt his veracity or his opinion. to either doubt his veracity or his opinion. of injuries are clearly in tune with the ocular version as per which the accused of injuries are clearly in tune with the ocular version as per which the accused of injuries are clearly in tune with the ocular version as per which the accused of injuries are clearly in tune with the ocular version as per which the accused d a blow with an axe on the head of the deceased. is alleged to have inflicted a blow with an axe on the head of the deceased. d a blow with an axe on the head of the deceased. is alleged to have inflicte