Lakha Singh Lakha Singh v. State of Haryana State of Haryana
Case Details
(O&M) CRA-D-9-DB-2011 (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-9-DB-2011 (O&M) CRA ate of Decision: 27.08.2025 Date of Decision: Lakha Singh Lakha Singh … Appellant Versus State of Haryana State of Haryana ... Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE GURVINDER SINGH GILL DEEPAK GUPTA HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Ajaivir Singh, Advocate, as Amicus Curiae, Mr. Ajaivir Singh, Advocate, as Amicus Curiae, for the appellant. Mr. Munish Sharma, DAG, Haryana Sharma, DAG, Haryana. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J. 1. Lakha Singh assails judgment dated 15.11.2010 Lakha Singh Additional 15.11.2010 passed by learned Additional Sessions Judge, Sirsa, whereby he has been held guilty Sessions Judge, of having committed whereby he has been held guilty of having committed offence punishable punishable under Section 302 IPC and sentenced to undergo and has been sentenced to undergo imprisonment for life and also to pay a fine amounting to Rs.5000/ imprisonment for life and also to pay a fine amounting to Rs. rigorous imprisonment for life and also to pay a fine amounting to Rs. 5000/-. 2. The matter arises out of FIR No. 128 dated 17.05.2008 registered at Police matter arises out of FIR No.128 dated 17.05.2008 registered at Police 128 dated 17.05.2008 registered at Police at the instance Station Sadar Dabwali, under Section 302 IPC (Ex.PW11/A) at the instance Station Sadar Dabwali, under Section 302 IPC Station Sadar Dabwali, under Section 302 IPC rjit rjit Singh, father of Kakani (deceased). The translated gist of Surjit rjit Singh, father of Kakani (deceased) of Surjit Singh, father of Kakani (deceased) Singh’s statement statement (Ex.P1) on the basis of which FIR was lodged on the basis of which FIR was lodged reads reads as under: I am resident of Village Habuwana and I am a labourer. “I am resident of Village I have two sons. Habuwana and I am a labourer. I have two sons. separately, The elder one namely Bagha Singh is married and resides separately, The elder one namely Bagha Singh is married and reside The elder one namely Bagha Singh is married and reside whereas the younger one namely Kakani aged about 25/26 years is whereas the younger one namely Kakani aged about 25/26 years is whereas the younger one namely Kakani aged about 25/26 years is whereas the younger one namely Kakani aged about 25/26 years is VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 2 ) unmarried. Yesterday i.e. 16.05.2008 at about 9.00 unmarried. Yesterday i.e. while 16.05.2008 at about 9.00-9.30 PM, when I, while r the house of Lakha Singh, I heard noise of looking for my son, reached near the house of Lakha Singh, I heard noise of r the house of Lakha Singh, I heard noise of looking for my son was a drug addict and so was Lakha beatings and cries. My son Kakani was a drug addict and so was Lakha was a drug addict and so was Lakha beatings and cries. My son Kakani
Legal Reasoning
while entering the house of Lakha Singh and they were on visiting terms. I, while entering the house of Lakha Singh and they were on visiting terms. I Singh and they were on visiting terms. I Singh lit a match-stick and saw Lakha Singh giving blows to my s Singh lit a match on with a stick and saw Lakha Singh giving blows to my son with a brick on his face. Blood was oozing from the face of my son and clothes of brick on his face. Blood was oozing from the face of my son and clothes of brick on his face. Blood was oozing from the face of my son and clothes of brick on his face. Blood was oozing from the face of my son and clothes of e also blood stained. I raised alarm for help that Kakani has Lakha Singh were also blood stained. I raised alarm for help that Kakani has e also blood stained. I raised alarm for help that Kakani has Lakha Singh we been killed upon which my Sala (brother been killed upon which my Teja Singh and Kehar (brother-in-law) Teja Singh and Kehar the spot. Teja Singh and Kehar Singh rescued Singh were attracted to the spot. Teja Singh and Kehar Singh rescued the spot. Teja Singh and Kehar Singh rescued Singh were attracted to Kakani from Lakha Singh and asked Lakha Singh as to why he had caused Kakani from Lakha Singh and asked Lakha Singh as to why he had caused Kakani from Lakha Singh and asked Lakha Singh as to why he had caused Kakani from Lakha Singh and asked Lakha Singh as to why he had caused injuries to Kakni upon which he replied that Kakani was demanding money injuries to Kakni upon which he replied that Kakani was demanding money injuries to Kakni upon which he replied that Kakani was demanding money injuries to Kakni upon which he replied that Kakani was demanding money from him and upon his refusal to pay the amount from him (Lakha pay the amount, Kakani abused him (Lakha (Lakha Singh) while referring to his mother and sister, which enraged him (Lakha Singh) while referring to his mother and sister, which enraged him Singh) while referring to his mother and sister, which enraged him Singh) due to which he had inflicted injuries with a brick Singh) fter saying so due to which he had inflicted injuries with a brick. After saying so Lakha Singh ran away from the spot alongwith brick. Thereafter, my Lakha Singh ran away from the spot alongwith brick. Thereafter, my Lakha Singh ran away from the spot alongwith brick. Thereafter, my Lakha Singh ran away from the spot alongwith brick. Thereafter, my brother-in-law Kehar Singh and Dalbir Singh arranged for a conveyance brother but Singh and Dalbir Singh arranged for a conveyance but while they were taking Kakani to Civil Hospital, Dabwali, he breathed his while they were taking Kakani to Civil Hospital, Dabwali, he breathed his while they were taking Kakani to Civil Hospital, Dabwali, he breathed his while they were taking Kakani to Civil Hospital, Dabwali, he breathed his being perplexed stayed back in last on the way. I and my son Bagha Singh, being perplexed stayed back in last on the way. I and my son Bagha Singh last on the way. I and my son Bagha Singh e to the hospital and the village to take care of children. Now I have come to the hospital and the village to take care of children. Now I have com the village to take care of children. Now I have com about the death of my son. Lakha Singh had killed my son by came to know about the death of my son. Lakha Singh had killed my son by about the death of my son. Lakha Singh had killed my son by came to know giving brick blows as my son had demanded money from him and had giving brick blows as my son had demanded money from him and had giving brick blows as my son had demanded money from him and had giving brick blows as my son had demanded money from him and had hurled abuses. Action be taken.” hurled abuses. Action be taken. 3. en sent by the hospital Although intimation regarding death of Kakani had been sent by the hospital Although intimation regarding death of Kakani had be Although intimation regarding death of Kakani had be authorities to the police station concerned on 16.05.2008 pursuant to which SI authorities to the police station concerned on 16.05.2008 pursuant to which SI authorities to the police station concerned on 16.05.2008 pursuant to which SI authorities to the police station concerned on 16.05.2008 pursuant to which SI ir had visited the hospital, but since none of the relatives was present Dharamvir had visited the hospital, but since none of the relatives was present ir had visited the hospital, but since none of the relatives was present ir had visited the hospital, but since none of the relatives was present aforesaid there, it was only the next morning i.e. on 17.05.2008, that the aforesaid there, it was only the next morning i.e. on there, it was only the next morning i.e. on statement (Ex.P1) of Surjit Singh was recorded by SI statement (Ex.P and inquest was recorded by SI Dharamvir and inquest proceedings were conducted. The dead body was proceedings were conducted got subjected to the post- The dead body was got subjected to the post Inspector Gurdayal Singh went to the spot and mortem examination. Inspector Gurdayal Singh went to the spot and Inspector Gurdayal Singh went to the spot and mortem examination. tion during the course of which a rough site conducted preliminary investigation during the course of which a rough site tion during the course of which a rough site conducted preliminary investiga plan of the place of occurrence was prepared. Blood stained soil and 2 pairs plan of the place of occurrence was prepared. Blood stained soil and 2 pairs plan of the place of occurrence was prepared. Blood stained soil and 2 pairs plan of the place of occurrence was prepared. Blood stained soil and 2 pairs VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 3 ) of slippers were also taken into possession. Statements of the witnesses were of slippers were also taken into possession. Statements of the witnesses were of slippers were also taken into possession. Statements of the witnesses were of slippers were also taken into possession. Statements of the witnesses were recorded. Accused Lakha Singh was arrested and upon i recorded. Accused nterrogation, he Lakha Singh was arrested and upon interrogation, he 11/C) pursuant to which he got made a disclosure statement (Ex.PW-11/C) pursuant to which he got 11/C) pursuant to which he got made a disclosure statement (Ex.PW commission of crime and also his clothes, which recovered the brick used in commission of crime and also his clothes, which commission of crime and also his clothes, which recovered the brick used were taken into possession. were taken into possession. 4. Upon conclusion of investigation, challan was presented against Upon conclusion of investigation, challan the accused was presented against the accused on 28.07.2008 Judicial Magistrate Ist Class, Dabwali, 28.07.2008 in the Court of learned Judicial Magistrate Ist Class, Dabwali Judicial Magistrate Ist Class, Dabwali who committed the case to the Court of Sessions vide order dated 05.09.2008 who committed the case to the Court of Sessions vide order dated who committed the case to the Court of Sessions vide order dated 05.09.2008. Learned Additional , to whom the case was entrusted, Additional Sessions Judge, Sirsa, to whom the case was entrusted, , to whom the case was entrusted, framed charges against the accused on 19.09.2008 framed charges against the accused punishable 19.09.2008 for offence punishable under Sections 302 IPC, to which he pleaded not guilty and claimed trial under Section , to which he pleaded not guilty and claimed trial. 5. The prosecution in order to establish its case examined as many as 13 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 Surjit Singh, who is the complainant, stated in tune with his statement Surjit Singh, who is the complainant, stated in tune with his statement is the complainant, stated in tune with his statement Ex.P1 on the basis of which FIR had been Ex.P1 on the basis of which FIR lodged. He categorically had been lodged. He categorically stated that when he heard noises from the house of Lakha Singh, he stated that when he heard noises from the house of Lakha Singh, he stated that when he heard noises from the house of Lakha Singh, he stated that when he heard noises from the house of Lakha Singh, he entered therein and saw that Lakha Singh was inflicting injuries to his entered therein and saw that Lakha Singh was inflicting injuries to his entered therein and saw that Lakha Singh was inflicting injuries to his entered therein and saw that Lakha Singh was inflicting injuries to his and blood was oozing from his face. son with a brick and blood was oozing from his face. son with a brick PW-2 Teja Singh stated that on the da y of occurrence, when he alongwith Teja Singh stated that on the day of occurrence, when he alongwith y of occurrence, when he alongwith near the house of accused, then upon Kehar Singh was present near the house of accused, then upon near the house of accused, then upon Kehar Singh was present law Surjit Singh, they entered hearing alarm raised by his brother-in-law Surjit Singh, they entered hearing alarm raised by his brother hearing alarm raised by his brother the house of the accused and saw that Lakha Singh was giving the house of the accused and saw that Lakha Singh was giving the house of the accused and saw that Lakha Singh was giving the house of the accused and saw that Lakha Singh was giving and when they enquired from the beatings to Kakani (deceased) and when they enquired from the and when they enquired from the beatings to Kakani (deceased) that Kakani had accused as to why he was giving beatings, he replied that Kakani had accused as to why he was giving beatings, he replied accused as to why he was giving beatings, he replied been demanding money from him and had also abused him. been demanding money from him and had also abused him. been demanding money from him and had also abused him. PW-3 Kehar Singh 16.05.2008, he had been attracted to the Kehar Singh stated that on 16.05.2008, he had been attracted to the 16.05.2008, he had been attracted to the house of the accused upon hearing noises and he had seen the accused house of the accused upon hearing noises and he had seen the accused house of the accused upon hearing noises and he had seen the accused house of the accused upon hearing noises and he had seen the accused VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 4 ) inflicting injuries to the deceased with the help of a brick. He stated inflicting injuries to the deceased with the help of a brick. He stated inflicting injuries to the deceased with the help of a brick. He stated inflicting injuries to the deceased with the help of a brick. He stated that the accused managed to run away from the house and that he had that the accused managed to run away from the house and that he had that the accused managed to run away from the house and that he had that the accused managed to run away from the house and that he had Sarpanch Dalbir Singh and that he had arranged for a sent for Sarpanch Dalbir Singh and that he had arranged for a Sarpanch Dalbir Singh and that he had arranged for a sent conveyance to take Kakani to the hospital but he breathed while on conveyance to take Kakani to the hospital but he breathed while on conveyance to take Kakani to the hospital but he breathed while on conveyance to take Kakani to the hospital but he breathed while on the way. the way. PW-4 Dr. Kumar, Medical Officer, CHC Dabwali, stated that he Dr. Ramesh Kumar, Medical Officer, CHC Dabwali, stated that he Kumar, Medical Officer, CHC Dabwali, stated that he had conducted post-mortem examination on the dead body had conducted post of Kakani. mortem examination on the dead body of Kakani. mortem report as Ex.PW4/C, wherein the cause He proved the post-mortem report as Ex.PW4/C, wherein the cause mortem report as Ex.PW4/C, wherein the cause He proved the post a result of head injury, which was ante- of death has been opined as a result of head injury, which was ante a result of head injury, which was ante of death has mortem in nature and sufficient to cause death in normal course of mortem in nature and sufficient to cause death in normal course of mortem in nature and sufficient to cause death in normal course of mortem in nature and sufficient to cause death in normal course of life. life. PW-5 Dr. Dr. M.K.Bhadu stated that on 16.05.2008 he was posted at 16.05.2008 while he was posted at sent intimation to the police Civil Hospital, Dabwali, he had sent intimation to the police Civil Hospital, Dabwali, he had Civil Hospital, Dabwali, he had regarding Kakani having been brought dead in the hospital with regarding Kakani having been brought dead in the hospital with regarding Kakani having been brought dead in the hospital with regarding Kakani having been brought dead in the hospital with multiple injuries. multiple injuries. PW-6 HC Balwan Singh 17.05.2008, he was posted at Police HC Balwan Singh stated that on 17.05.2008, he was posted at Police 17.05.2008, he was posted at Police and that when he alongwith Investigating Station Sadar Dabwali and that when he alongwith Investigating and that when he alongwith Investigating Station Sadar Dabwali Officer were present in the hospital, the Doctor had handed over Officer were present in the hospital, the Doctor had handed over Officer were present in the hospital, the Doctor had handed over Officer were present in the hospital, the Doctor had handed over clothes of the deceased, which were taken into possession by the clothes of the deceased, which were taken into possession by the clothes of the deceased, which were taken into possession by the clothes of the deceased, which were taken into possession by the Investigating Officer and that the recovery memo Investigating Officer and t bears hat the recovery memo Ex.PW3/A bears his signatures. his signatures. PW-7 ASI Atma Ram who is a formal witness, tendered into evidence his ASI Atma Ram, who is a formal witness, tendered into evidence his who is a formal witness, tendered into evidence his affidavit Ex.PW7/A, wherein he deposed that affidavit Ex. he was posted as MHC, , wherein he deposed that he was posted as MHC, P.S. Sadar Dabwali on 17.05.2008 and that on the said day, P.S. Inspector and that on the said day, Inspector Gurdayal Singh had deposited with him Gurdayal Singh parcels containing had deposited with him separate parcels containing , clothes of Lakha clothes of the deceased, blood stained soil, brick, clothes of Lakha clothes of the deceased, blood stained soil, brick clothes of the deceased, blood stained soil, brick Singh (accused) and slippers. He further deposed that on Singh (accused) 28.05.2008, He further deposed that on 28.05.2008 clothes of the deceased, blood stained soil three parcels containing clothes of the deceased, blood stained soil clothes of the deceased, blood stained soil three parcels containing and brick were handed over to EHC and brick were for the purpose of HC Randhir Singh for the purpose of ere depositing the same in the office of FSL, Madhuban, which were depositing the same in the office of FSL, depositing the same in the office of FSL, VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 5 ) deposited by him on the same day deposited the case the same day and that as long as the case his possession, the same was not tampered with. property remained in his possession, the same was not tampered with. his possession, the same was not tampered with. property remained in Mohan Lal, Draftsman, stated that he had prepared the scaled site PW-8 Mohan Lal, Draftsman, stated that he had prepared the scaled site Mohan Lal, Draftsman, stated that he had prepared the scaled site Mohan Lal, Draftsman, stated that he had prepared the scaled site of the place of occurrence and proved the same as PW8/A. plan of the place of occurrence and proved the same as PW8/A. plan 17.05.2008, he had Constable Subhash Chander stated that on 17.05.2008, he had Constable Subhash Chander stated that on PW-9 Constable Subhash Chander stated that on delivered the special reports to the Illaqa Magistrate as well as to delivered the special reports to the Illaqa Magistrate as well as to delivered the special reports to the Illaqa Magistrate as well as to delivered the special reports to the Illaqa Magistrate as well as to other higher officers. other higher officers. PW-10 EHC Randhir Singh who is a formal witness, tendered into evidence EHC Randhir Singh, who is a formal witness, tendered into evidence who is a formal witness, tendered into evidence his affidavit Ex.PW10/A, wherein he deposed that his affidavit Ex. 28.05.2008, , wherein he deposed that on 28.05.2008 MHC Atma Ram had handed over to him MHC parcels containing had handed over to him separate parcels containing clothes of the deceased, blood stained soil clothes of the deceased, , clothes of the accused blood stained soil, clothes of the accused for depositing the same in the office of FSL, Lakha Singh and brick for depositing the same in the office of FSL, for depositing the same in the office of FSL, Lakha Singh and brick Madhuban, which he accordingly deposited Madhuban, that deposited on the same day and that the parcels remained in his possession, the same were not as long as the parcels remained in his possession, the same were not the parcels remained in his possession, the same were not as long as tampered with. tampered with PW-11 SI Dharamvir Singh , who had visited the hospital upon receipt of an SI Dharamvir Singh, who had visited the hospital upon receipt of an , who had visited the hospital upon receipt of an having been brought there, stated that he intimation regarding Kakani having been brought there, stated that he having been brought there, stated that he intimation regarding Kakani had conducted inquest proceedings and had sent the dead body for had conducted inquest proceedings and had sent the dead body for had conducted inquest proceedings and had sent the dead body for had conducted inquest proceedings and had sent the dead body for mortem examination and had also recorded the statements of the post-mortem examination and had also recorded the statements of the mortem examination and had also recorded the statements of the post witnesses under Section 161 Cr.P.C. He has stated with regard to the witnesses under Section 161 Cr.P.C. He has stated with regard to the witnesses under Section 161 Cr.P.C. He has stated with regard to the witnesses under Section 161 Cr.P.C. He has stated with regard to the the accused and as regards the disclosure statement made by arrest of the accused and as regards the disclosure statement made by the accused and as regards the disclosure statement made by arrest of him leading to recovery of a brick used in the commission of crime as him leading to recovery of a brick used in the commission of crime as him leading to recovery of a brick used in the commission of crime as him leading to recovery of a brick used in the commission of crime as well as his clothes. well as his clothes. Inspector Gurdayal Singh, who had taken over investigation from PW-12 Inspector Gurdayal Singh, who had taken over investigation from Inspector Gurdayal Singh, who had taken over investigation from Inspector Gurdayal Singh, who had taken over investigation from PW-11 SI Dharamvir Singh, stated PW with regard to the same. He , stated with regard to the same. He proved various memos and documents prepared during the course of proved various memos and documents prepared during the course of proved various memos and documents prepared during the course of proved various memos and documents prepared during the course of upon completion of investigation, final investigation and stated that upon completion of investigation, final upon completion of investigation, final investigation and stated that report had been prepared by him. report ha PW-13 Constable Sunil Kumar Constable Sunil Kumar stated that on 17.05.2008, when he was stated that on 17.05.2008, when he was City Dabwali, he had photographed the dead posted at Police Station City Dabwali, he had photographed the dead City Dabwali, he had photographed the dead posted at Police Station VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 6 ) body of Kakani and also the place of occurrence. He proved the body of Kakani and also the place of occurrence. He proved the body of Kakani and also the place of occurrence. He proved the body of Kakani and also the place of occurrence. He proved the photographs as Ex.PW13/A to Ex.PW13/E and negatives thereof as photographs as Ex.PW13/A to Ex.PW13/E and negatives thereof as photographs as Ex.PW13/A to Ex.PW13/E and negatives thereof as photographs as Ex.PW13/A to Ex.PW13/E and negatives thereof as Ex.PW13/F to Ex.PW13/J. Ex.PW13/F to Ex.PW13/J. 6. was ure of the prosecution evidence, statement of the accused was ure of the prosecution evidence, statement of Upon closure of the prosecution evidence, statement of recorded in terms of Section 313 Cr.P.C., wherein he denied the entire case recorded in terms of Section 313 Cr.P.C., wherein recorded in terms of Section 313 Cr.P.C., wherein entire case of prosecution and apart from pleading false implication prosecution false implication stated as under: I am innocent. I am a person of unsound mind. The complainant party “I am innocent. I am a person of unsound mind. The complainant party I am innocent. I am a person of unsound mind. The complainant party I am innocent. I am a person of unsound mind. The complainant party alongwith some other people of the village wanted to usurp my agricultural alongwith some other people of the village wanted to usurp my agricultural alongwith some other people of the village wanted to usurp my agricultural alongwith some other people of the village wanted to usurp my agricultural land and my residential house and with that motive, I have been falsely land and my residential house and with that motive, I have been falsely land and my residential house and with that motive, I have been falsely land and my residential house and with that motive, I have been falsely implicated in the instant case. No such occurrence ever took place. implicated in the instant case. No suc occurrence ever took place.” 7. In his defence, the accused examined DW In his defence, the accused examined , Head of DW-1 Dr. Rajiv Gupta, Head of Psychiatry Department, PGIMS, Rohtak, wh Psychiatry Department that the accused had PGIMS, Rohtak, who stated that the accused had been referred by the jail authorities and that he remained admitted in been referred by the jail authorities and that he remained admitted in been referred by the jail authorities and that he remained admitted in been referred by the jail authorities and that he remained admitted in diagnosed as Psychosis NOS and at the Psychiatry Department, as he was diagnosed as Psychosis NOS and at the diagnosed as Psychosis NOS and at the Psychiatry Department, as . The time of discharge, he was well and was not showing any abnormality. The time of discharge, he was well and was not showing any abnormality time of discharge, he was well and was not showing any abnormality accused also examined DW-2 Dr. Budh Ram accused also examined , Medical Officer, District Jail, Dr. Budh Ram, Medical Officer, District Jail, kha Singh was not mentally fit and Sirsa, who stated that since accused Lakha Singh was not mentally fit and kha Singh was not mentally fit and Sirsa, who was suffering from psychotic disorder, he was referred to PGIMS, Rohtak for was suffering from psychotic disorder, he was referred to PGIMS, Rohtak for was suffering from psychotic disorder, he was referred to PGIMS, Rohtak for was suffering from psychotic disorder, he was referred to PGIMS, Rohtak for 20.10.2009 and that the patient was violent and was giving management on 20.10.2009 and that the patient was violent and was giving 20.10.2009 and that the patient was violent and was giving management on bites to other co-prisoners. bites to other co 8. of evidence brought on record, held The learned trial Court, upon marshalling of evidence brought on record, held of evidence brought on record, held The learned trial Court, upon tion established the charges framed that the evidence led by the prosecution established the charges framed tion established the charges framed that the evidence led by the prosec held him guilty for having committed against the accused and consequently, held him guilty for having committed held him guilty for having committed against the accused and consequently, offence under Section 302 IPC and sentenced him to undergo offence under Section 302 IPC rigorous and sentenced him to undergo rigorous imprisonment for life vide impugned judgment. imprisonment for life vide impugned judgment. VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 7 ) 9. Learned counsel for the appellant, while assailing the Learned counsel for the impugned judgment, , while assailing the impugned judgment, submitted that the entire proceedings are submitted tha inasmuch as the the entire proceedings are void ab initio inasmuch as the in such state, he appellant/accused was a person of unsound mind and that in such state, he appellant/accused was a person of unsound mind and that appellant/accused was a person of unsound mind and that could not have effectively defend not have effectively defended himself and consequently, ed himself and consequently, the the proceedings conducted by the trial Court while the accused/appellant was proceedings conducted by the trial Court while the accused/appellant proceedings conducted by the trial Court while the accused/appellant was in such a state did not have the sanction of law and the subsequent judgment of such a state did not have the sanction of law and the subsequent judgment of such a state did not have the sanction of law and the subsequent judgment of such a state did not have the sanction of law and the subsequent judgment of to be set aside on this short score itself. conviction deserves to be set aside on this short score itself. conviction deserves Learned counsel for the appellant has further submitted that in any case it is 10. Learned counsel for the appellant has further submitted that in any case it is Learned counsel for the appellant has further submitted that in any case it is Learned counsel for the appellant has further submitted that in any case it is seen the actual apparently a case of blind murder, wherein nobody had seen the actual apparently a case of blind murder, wherein nobody ha apparently a case of blind murder, wherein nobody ha occurrence and that the complainant i.e. PW occurrence and gh (father of the complainant i.e. PW-1 Surjit Singh (father of the 3 Kehar deceased) as well as the witnesses i.e. PW-2 Teja Singh and PW-3 Kehar deceased) as well as the witnesses i.e. PW deceased) as well as the witnesses i.e. PW Singh, have deposed falsely. It has further been submitted that admittedly it Singh, have deposed falsely. It has further been submitted that admittedly it Singh, have deposed falsely. It has further been submitted that admittedly it Singh, have deposed falsely. It has further been submitted that admittedly it is a case where the deceased himself was a drug addict and as per the case of is a case where the deceased himself was a drug addict and as per the case of is a case where the deceased himself was a drug addict and as per the case of is a case where the deceased himself was a drug addict and as per the case of Surjit Singh, the deceased himself had hurled abuses the complainant - Surjit Singh, the deceased himself had hurled abuses Surjit Singh, the deceased himself had hurled abuses the compla prompting the accused and that in the accused and that in such a case offence under Section 302 IPC case, offence under Section 302 IPC in any case would not be attracted particularly when it is a case of causing in any case would not be attracted particularly when it is a case of causing in any case would not be attracted particularly when it is a case of causing in any case would not be attracted particularly when it is a case of causing h a brick only. injury not with any deadly weapon but with a brick only. injury not with any deadly weapon but wit 11. Opposing the Opposing the appeal, learned State counsel submitted that there is no medical appeal, learned State counsel submitted that there is no medical evidence to show that the accused/appellant was of unsound mind and evidence to show that the accused/appellant was of unsound mind and evidence to show that the accused/appellant was of unsound mind and evidence to show that the accused/appellant was of unsound mind and provided although he had some psychiatric problem but he was being provided although he had some psychiatric problem but he was being although he had some psychiatric problem but he was being treatment from reputed institutes and had been declared fit adequate medical treatment from reputed institutes and had been declared fit treatment from reputed institutes and had been declared fit adequate medical enough to face trial and to defend himself. Learned State counsel has further enough to face trial and to defend himself. Learned State counsel has further enough to face trial and to defend himself. Learned State counsel has further enough to face trial and to defend himself. Learned State counsel has further submitted that the 1 Surjit Singh (father of the deceased) that the complainant i.e. PW-1 Surjit Singh (father of the deceased) 1 Surjit Singh (father of the deceased) as well as two eye two eye-witnesses i.e. PW-2 Teja Singh and PW 3 Kehar Singh, Teja Singh and PW-3 Kehar Singh VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 8 ) have stated consistently regarding the manner of occurrence and given the have stated consistently regarding the manner of occurrence and given the have stated consistently regarding the manner of occurrence and given the have stated consistently regarding the manner of occurrence and given the fact that the accused had given repeated blows with a brick on the face and fact that the accused had given repeated blows with a brick on the face and fact that the accused had given repeated blows with a brick on the face and fact that the accused had given repeated blows with a brick on the face and head of the deceased, his complicity is clearly evident and as such, his head of the deceased, his complicity is clearly evident and as such, his head of the deceased, his complicity is clearly evident and as such, his head of the deceased, his complicity is clearly evident and as such, his conviction for an offence punishable under Section 302 IPC does not call for conviction for an offence punishable under Section 302 IPC does not call for conviction for an offence punishable under Section 302 IPC does not call for conviction for an offence punishable under Section 302 IPC does not call for any interference. any interference. We have considered rival submissions addressed before this Court and with 12. We have considered rival submissions addressed before this Court and with We have considered rival submissions addressed before this Court and with We have considered rival submissions addressed before this Court and with 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. 13. It will be apposite to first of all consider the contention of the It will be apposite to first of all consider the contention of the It will be apposite to first of all consider the contention of the It will be apposite to first of all consider the contention of the also accused/appellant as regards his mental unsoundness. The said issue had also accused/appellant as regards his mental unsoundness. The said issue had accused/appellant as regards his mental unsoundness. The said issue had been raised before the trial Court by learned counsel for the accused, as been raised before the trial Court by learned counsel for the accused, as been raised before the trial Court by learned counsel for the accused, as been raised before the trial Court by learned counsel for the accused, as 04.02.2009 passed by the learned would be evident from order dated 04.02.2009 passed by the learned 04.02.2009 passed by the learned would be evident from order dated Additional Sessions Judge, Sirsa, which is reproduced hereinunder: Additional Sessions Judge, Sirsa, which is reproduced hereinunder: Additional Sessions Judge, Sirsa, which is reproduced hereinunder: Today the case is fixed for prosecution evidence, however, learned defence “Today the case is fixed for prosecution evidence, however, learned defence Today the case is fixed for prosecution evidence, however, learned defence Today the case is fixed for prosecution evidence, however, learned defence counsel moved an application under Section 329 Cr.P.C. counsel for postpone of moved an application under Section 329 Cr.P.C. for postpone of roceedings as accused is stated to be not in sound mental condition. further proceedings as accused is stated to be not in sound mental condition. roceedings as accused is stated to be not in sound mental condition. further p Copy supplied to the learned Public Prosecutor. The Public Prosecutor Copy supplied to the learned Public Prosecutor. The Public Prosecutor Copy supplied to the learned Public Prosecutor. The Public Prosecutor Copy supplied to the learned Public Prosecutor. The Public Prosecutor submitted at bar that the accused is under treatment and has been brought submitted at bar that the accused is under treatment and has been brought submitted at bar that the accused is under treatment and has been brought submitted at bar that the accused is under treatment and has been brought chiatric. Heard over the from PGI, Rohtak as there is no local psychiatric. Heard over the from PGI, Rohtak as there is no local psy from PGI, Rohtak as there is no local psy application. Chapter 25 Cr.P.C. deals with provisions to the accused persons application. Chapter 25 Cr.P.C. deals with provisions to the accused persons application. Chapter 25 Cr.P.C. deals with provisions to the accused persons application. Chapter 25 Cr.P.C. deals with provisions to the accused persons where during the pendency of a trial, it of unsound mind. It is provided that where during the pendency of a trial, it where during the pendency of a trial, it of unsound mind. It is provided that sound mind and incapable of making his appears that accused is of un-sound mind and incapable of making his sound mind and incapable of making his appears that accused is of un nce, Court has to postpone further proceedings in the case and for the defence, Court has to postpone further proceedings in the case and for the nce, Court has to postpone further proceedings in the case and for the nce, Court has to postpone further proceedings in the case and for the first instance, this fact has to be inquired. first instance, this fact has to be Hence, both the parties are hereby inquired. Hence, both the parties are hereby directed to bring their respective evidence regarding mental faculty of the directed to bring their respective evidence regarding mental faculty of the directed to bring their respective evidence regarding mental faculty of the directed to bring their respective evidence regarding mental faculty of the the same time, it would be in the interest of accused on 04.03.2009. At the same time, it would be in the interest of the same time, it would be in the interest of accused on justice that a report from specialized doctor be also called and since there is justice that a report from specialized doctor be also called and since there is justice that a report from specialized doctor be also called and since there is justice that a report from specialized doctor be also called and since there is , therefore, Director of Pandit no Psychiatric in General Hospital, Sirsa, therefore, Director of Pandit no Psychiatric in General Hospital, Sirsa no Psychiatric in General Hospital, Sirsa s, Rohtak is Bhagwat Dayal, Post Graduate Institute of Medical Sciences, Rohtak is Bhagwat Dayal, Post Graduate Institute of Medical Science Bhagwat Dayal, Post Graduate Institute of Medical Science hereby requested to constitute a Medical hereby Board in this regard and to send the requested to constitute a Medical Board in this regard and to send the VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 9 ) report of said Board to this Court on or before the next date of hearing. The report of said Board to this Court on or before the next date of hearing. The report of said Board to this Court on or before the next date of hearing. The report of said Board to this Court on or before the next date of hearing. The , is also hereby directed to arrange the Superintendent, District Jail, Sirsa, is also hereby directed to arrange the , is also hereby directed to arrange the Superintendent, District Jail, Sirsa personal appearance of accused Lakha Singh before the Medical Board personal appearance of accused Lakha Singh before the Medical Board personal appearance of accused Lakha Singh before the Medical Board personal appearance of accused Lakha Singh before the Medical Board . Let a copy of the order be sent to the referred above at PGI MS, Rohtak. Let a copy of the order be sent to the . Let a copy of the order be sent to the referred above at PGI MS, Rohtak l for concerned quarters. A copy of this order be also given to learned counsel for concerned quarters. A copy of this order be also given to learned counse concerned quarters. A copy of this order be also given to learned counse the accused free of cost for further pursuing the accused free of cost for further pursuing the matter.” 14. Pursuant to the aforesaid order dated 04.02.2009, a Board of Doctors was Pursuant to the aforesaid order dated 04.02.2009, a Board of Doctors was 04.02.2009, a Board of Doctors was , Rohtak, which examined the accused Lakha Singh and constituted at PGIMS, Rohtak, which examined the accused Lakha Singh and , Rohtak, which examined the accused Lakha Singh and constituted at PGI furnished its opinion vide report dated 30.03.2009 furnished its opinion vide report dated , which is 30.03.2009 (Mark P-1), which is reproduced herein-under: reproduced herein Department of Psychiatry, Pt. B.D. Sharma PGIMS, Rohtak “Department of Psychiatry, Pt. B.D. Sharma PGIMS, Rohtak Department of Psychiatry, Pt. B.D. Sharma PGIMS, Rohtak No.Psy/09/897 No.Psy/09/897 Dated: 30/03/2009 To The Medical Superintendent, Pt. B.D.Sharma PGIMS, Rohtak. Sub: Medical report of Lakha Singh s/o Medical report of Lakha Singh s/o Surjit Singh (Case FIR No.128 dated 17.05.08) U/S 302 IPC In continuation of letter No.Psy/09/472 dated 04.03.2009 from this In continuation of letter No.Psy/09/472 dated department. This is to inform you that Lakha Singh remained admitted in Ward No.13 This is to inform you that Lakha Singh remained admitted in Ward No.13 This is to inform you that Lakha Singh remained admitted in Ward No.13 This is to inform you that Lakha Singh remained admitted in Ward No.13 vide OPD No.3028/09 and CR No.740536 from vide OPD No.3028/09 and CR No. 09.03.09 under 740536 from 18.02.09 to 09.03.09 under the Medical Board of following doctors: the Medical Board of following doctors: the Medical Board of following doctors: 1. 2. 3. Dr. Rajiv Gupta Dr. Priti Singh Dr. Amit Sethi The board is of the opinion that Singh is suffering from board is of the opinion that Lakha Singh is suffering from Psychotic illness. He is advised regular follow up in Psychiatry OPD and Psychotic illness. He is advised regular follow up in Psychiatry OPD and Psychotic illness. He is advised regular follow up in Psychiatry OPD and Psychotic illness. He is advised regular follow up in Psychiatry OPD and He understands the court proceedings and legal continuation of Medication. He understands the court proceedings and legal He understands the court proceedings and legal continuation of Medication. consequences of the case. He is fit to stand trial. consequences of the case. He is fit to stand trial consequences of the case. He is fit to stand trial Sd/- Dr. Rajiv Gupta Senior Professor & Head, Department of Psychiatry, PGIMS, Rohtak” VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) The Board of Doctors of a reputed institute having given a categoric finding 15. The Board of Doctors of a reputed institute having given a categoric finding The Board of Doctors of a reputed institute having given a categoric finding The Board of Doctors of a reputed institute having given a categoric finding ( 10 ) ed was fit to face trial and there being no evidence to the effect that the accused was fit to face trial and there being no evidence ed was fit to face trial and there being no evidence to the effect that the accus to the contrary, this Court has no hesitation to hold that the accused was fit to the contrary, this Court has no hesitation to hold that the accused was fit to the contrary, this Court has no hesitation to hold that the accused was fit to the contrary, this Court has no hesitation to hold that the accused was fit It would not be out of place to mention that although the enough to face trial. It would not be out of place to mention that although the It would not be out of place to mention that although the enough to face trial. defence, but even their testimonies accused did examine two doctors in his defence, but even their testimonies defence, but even their testimonies accused did examine two doctors in his would not help him inasmuch as DW-1 Dr. Rajiv Gupta would not help him inasmuch as DW in his examination- Dr. Rajiv Gupta in his examination chief itself stated that although the accused remained admitted in in-chief itself stated that although the accused remained admitted in chief itself stated that although the accused remained admitted in chief itself stated that although the accused remained admitted in 09.03.2009, Psychiatry Department in PGIMS, Rohtak from 18.02.2009 to 09.03.2009 Psychiatry Department in PGIMS, Rohtak from Psychiatry Department in PGIMS, Rohtak from e time of discharge, he was well and was not showing any but at the time of discharge, he was well and was not showing any e time of discharge, he was well and was not showing any e time of discharge, he was well and was not showing any examination on the same day abnormality. During the course of his cross-examination on the same day abnormality. During the course of his cross abnormality. During the course of his cross 1 Dr. Rajiv Gupta specifically stated that itself i.e. on 10.11.2010, DW-1 Dr. Rajiv Gupta specifically stated that 1 Dr. Rajiv Gupta specifically stated that itself i.e. on Even the testimony of currently the accused is not a person of unsound mind. Even the testimony of currently the accused is not a person of unsound mind currently the accused is not a person of unsound mind DW-2 Dr. Budh Ram is not categoric as regards mental unsoundness of the 2 Dr. Budh Ram is not categoric as regards mental unsoundness of the is not categoric as regards mental unsoundness of the accused. As such, in view of the report of the Medical Board dated accused. As such, in view of the report of the Medical Board dated accused. As such, in view of the report of the Medical Board dated accused. As such, in view of the report of the Medical Board dated 30.03.2009 30.03.2009 , (Mark P-1), (Mark P the contention the contention on behalf of raised on behalf of raised the the accused/appellant /appellant as regards his mental unsoundness is discarded. mental unsoundness is discarded. 16. As far as injuries sustained by the deceased and the cause of death as injuries sustained by the deceased and the cause of death is concerned, the prosecution has examined PW concerned, t , who had he prosecution has examined PW-4 Dr. Ramesh Kumar, who had conducted the post mortem examination on the dead body of Kakani conducted the post mortem examination on the dead body of conducted the post mortem examination on the dead body of on 17.05.2008. . He tendered in evidence his affidavit Ex.PW4/A wherein he his affidavit Ex.PW4/A, wherein he described as many as 9 injuries found as many as 9 injuries found on the dead body , which read as under: on the dead body, which read as under: Lacerated wound obliquely placed on lateral angle of left eye extending “1. Lacerated wound obliquely placed on lateral angle of left eye extending Lacerated wound obliquely placed on lateral angle of left eye extending Lacerated wound obliquely placed on lateral angle of left eye extending with clotted blood around its margin size upto adjacent part of forehead with clotted blood around its margin size with clotted blood around its margin size upto adjacent part of forehead of 4x1 cm in size. of 4x1 cm in size. VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 11 ) Vertically placed lacerated wound on left zygomatic part of face bone 2. Vertically placed lacerated wound on left zygomatic part of face bone Vertically placed lacerated wound on left zygomatic part of face bone Vertically placed lacerated wound on left zygomatic part of face bone deep on further dissection of there was infiltration of blood tissue. deep on further dissection of there was infiltration of blood tissue. deep on further dissection of there was infiltration of blood tissue. deep on further dissection of there was infiltration of blood tissue. Underline zygomatic bone fractured in pieces of face 3x1.0 cm in size. Underline zygomatic bone fractured in pieces of fac Underline zygomatic bone fractured in pieces of fac Semi lunar lacerated wound below lateral angle of left eye 2.5x0.7 cm in 3. Semi lunar lacerated wound below lateral angle of left eye 2.5x0.7 cm in Semi lunar lacerated wound below lateral angle of left eye 2.5x0.7 cm in Semi lunar lacerated wound below lateral angle of left eye 2.5x0.7 cm in size bone deep. size bone deep. Lacerated wound on left side of face 1.5x0.7 cm in size 3cm from the 4. Lacerated wound on left side of face 1.5x0.7 cm in size 3cm from the Lacerated wound on left side of face 1.5x0.7 cm in size 3cm from the Lacerated wound on left side of face 1.5x0.7 cm in size 3cm from the posterior tragus of left year on further dissection there was fracture of posterior tragus of left year on further dissection there was fracture of tragus of left year on further dissection there was fracture of part of left side of mandible. part of left side of mandible. Lacerated wound on a left side of face lateral to left nasal cleft starting 5. Lacerated wound on a left side of face lateral to left nasal cleft starting Lacerated wound on a left side of face lateral to left nasal cleft starting Lacerated wound on a left side of face lateral to left nasal cleft starting from middle left nasal cleft extending to mucocutaneous of left side of from middle left nasal cleft extending to mucocutaneous of left side of from middle left nasal cleft extending to mucocutaneous of left side of from middle left nasal cleft extending to mucocutaneous of left side of upper lip size is 5.0x1.0 cm in size. upper lip size is 6. Lacerated wound over th e left side of face lateral to left angle of mouth Lacerated wound over the left side of face lateral to left angle of mouth e left side of face lateral to left angle of mouth size was about 1.0x0.5 cm in size on dissection of injuries no.5, 6 there size was about 1.0x0.5 cm in size on dissection of injuries no.5, 6 there size was about 1.0x0.5 cm in size on dissection of injuries no.5, 6 there size was about 1.0x0.5 cm in size on dissection of injuries no.5, 6 there was fracture of maxillary bone of face present with the filtration of was fracture of maxillary bone of face present with the filtration of was fracture of maxillary bone of face present with the filtration of was fracture of maxillary bone of face present with the filtration of blood. blood. 7. Lacerated wound of about Lacerated wound of about 5x2.0 cm in size on left s ide of border of 5x2.0 cm in size on left side of border of mandible bone deep. mandible bone deep. 8. Abra ed bruise of dark red in colour involving whole of left side of face Abraded bruise of dark red in colour involving whole of left side of face ed bruise of dark red in colour involving whole of left side of face on cut section there was muscle haemotoma with fracture of underline on cut section there was muscle haemotoma with fracture of underline on cut section there was muscle haemotoma with fracture of underline on cut section there was muscle haemotoma with fracture of underline bones present. Bruise was extending up to maxillary and zygomatic bones present. Bruise was extending up to bones present. Bruise was extending up to maxillary and zygomatic temporal part of left side of skull on cut section muscle haemotoma of temporal part of left side of skull on cut section muscle haemotoma of temporal part of left side of skull on cut section muscle haemotoma of temporal part of left side of skull on cut section muscle haemotoma of dark red with underline fracture of temporal bone on dissection of injury dark red with underline fracture of temporal bone on dissection of injury dark red with underline fracture of temporal bone on dissection of injury dark red with underline fracture of temporal bone on dissection of injury face. No.5 there was fracture of left side of nasal bone. Extending upto face. No.5 there was fracture of left side of nasal bone. Extending upto No.5 there was fracture of left side of nasal bone. Extending upto Lacerated wound in middle of lower lip involving mucosa sizes about 9. Lacerated wound in middle of lower lip involving mucosa sizes about Lacerated wound in middle of lower lip involving mucosa sizes about Lacerated wound in middle of lower lip involving mucosa sizes about 2.5x1.7 cm in size there was infiltration of blood in soft tissue.” 2.5x1.7 cm in size there was infiltration of blood in soft tissue. 2.5x1.7 cm in size there was infiltration of blood in soft tissue. 17. Apart from proving the post Apart from proving the post-mortem report as Ex. 4 Dr. Ramesh mortem report as Ex.PW4/C, PW-4 Dr. Ramesh Kumar opined that cause of death in opined that cause of death in this case as a result of head injury, this case was as a result of head injury, mortem in nature and sufficient to cause death in normal which was ante-mortem in nature and sufficient to cause death in normal mortem in nature and sufficient to cause death in normal which was ante course of life. Nothing to the contrary could be brought course of life. the Nothing to the contrary could be brought about during the cross-examination of PW examination of PW-4 Dr. Ramesh Kumar. A such, it is evident that it 4 Dr. Ramesh Kumar. As such, it is evident that it is a case of homicidal death. is a case of homicidal death. VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 12 ) 18. In the present case, the prosecution mainly banks upon the testimon In the present case, the prosecution mainly banks upon the testimonies of 1 Surjit Singh (complainant) and also of PW-2 Teja Singh and PW 1 Surjit Singh (complainant) and also of PW PW-1 Surjit Singh (complainant) and also of PW 2 Teja Singh and PW-3 Kehar Singh. PW-1 Surjit Singh (complainant Kehar Singh box has complainant) while in the witness-box has the manner of incident having categorically stated that narrated in detail about the manner of incident having categorically stated that the manner of incident having categorically stated that narrated in detail Lakha Singh when he entered into the house of the accused (Lakha Singh), Lakha Singh when he entered into the house of the accused when he entered into the house of the accused was giving blows to giving blows to his son with a brick on his face lood was oozing from the son with a brick on his face and blood was oozing from the face of his his son and the clothes of the accused . His the accused were also blood stained. His statement is also corroborated by the testimonies of PW statement is also corroborated by the testimonies of PW-2 Teja Singh and PW 2 Teja Singh and PW-3 immediately at the spot when the Kehar Singh. Though their presence immediately at the spot when the immediately at the spot when the Kehar Singh was inflicting blows may be called to question, as it was only when accused was inflicting blows may be called to question, as it was only when was inflicting blows may be called to question, as it was only when was inflicting blows may be called to question, as it was only when the complainant raised alarm that they were attracted to the spot, but in any the complainant raised alarm that they were attracted to the spot, but in any the complainant raised alarm that they were attracted to the spot, but in any the complainant raised alarm that they were attracted to the spot, but in any case given the fact that there is nothing to dislodge the testimony of the case given the fact that there is nothing to dislodge the testimony of the case given the fact that there is nothing to dislodge the testimony of the case given the fact that there is nothing to dislodge the testimony of the accused had inflicted blows with a brick on complainant to the effect that the accused had inflicted blows with a brick on accused had inflicted blows with a brick on complainant to the effect that the the face of the deceased and there is nothing even to suggest any motive for the face of the deceased and there is nothing even to suggest any motive for the face of the deceased and there is nothing even to suggest any motive for the face of the deceased and there is nothing even to suggest any motive for e do not find any reason to disbelieve the complainant’s false implication, we do not find any reason to disbelieve the complainant’s e do not find any reason to disbelieve the complainant’s false implication been inflicted injuries . Though it is correct that the deceased had not been inflicted injuries . Though it is correct that the deceased had not version. Though it is correct that the deceased had not with any deadly weapon, but the fact that the accused inflicted injuries with any deadly weapon, but the fact that the accused inflicted injuries with any deadly weapon, but the fact that the accused inflicted injuries with any deadly weapon, but the fact that the accused inflicted injuries that the repeatedly on the face and head of the deceased with a brick, shows that the repeatedly on the face and head of the deceased repeatedly on the face and head of the deceased injuries were caused with an intention to kill the deceased. injuries were caused with an intention to kill the deceased. injuries were caused with an intention to kill the deceased. 19. The plea taken by The plea taken by the accused/appellant in his statement recorded in terms of the accused/appellant in his statement recorded in terms of Section 313 Cr.P.C. regarding his false implication so as to deprive him of his Section 313 Cr.P.C. regarding his false implication so as to deprive him of his Section 313 Cr.P.C. regarding his false implication so as to deprive him of his Section 313 Cr.P.C. regarding his false implication so as to deprive him of his does not appeal to reason inasmuch as agricultural land and residential house does not appeal to reason inasmuch as does not appeal to reason inasmuch as agricultural land and residential house roperty have been brought on record nor neither the particulars of any such property have been brought on record nor roperty have been brought on record nor neither the particulars of any such p it has been shown as to how any such property would fall in the hands of the it has been shown as to how any such property would fall in the hands of the it has been shown as to how any such property would fall in the hands of the it has been shown as to how any such property would fall in the hands of the VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document (O&M) CRA-D-9-DB-2011 (O&M) ( 13 ) complainant and others in case the accused is convicted. As such, the said complainant and others in case the accused is convicted. As such, the said complainant and others in case the accused is convicted. As such, the said complainant and others in case the accused is convicted. As such, the said plea is found to be devoid of merits and is unsubstantiated. plea is found to be devoid of merits and is unsubstantiated. plea is found to be devoid of merits and is unsubstantiated. 20. In view of the aforesaid discussion, the findings of guilt as recorded by the In view of the aforesaid discussion, the findings of guilt as recorded by the In view of the aforesaid discussion, the findings of guilt as recorded by the In view of the aforesaid discussion, the findings of guilt as recorded by the trial Court with regard to offence under Section 302 IPC do not call for any trial Court with regard to offence under Section 302 IPC do not call for any trial Court with regard to offence under Section 302 IPC do not call for any trial Court with regard to offence under Section 302 IPC do not call for any interference and the same are hereby affirmed. Finding no merit in the interference and the same are hereby affirmed. Finding no merit in the interference and the same are hereby affirmed. Finding no merit in the interference and the same are hereby affirmed. Finding no merit in the appeal, the same is hereby dismissed. appeal, the same is hereb GURVINDER SINGH GILL) (GURVINDER SINGH GILL JUDGE 27.08.2025 Vimal (DEEPAK GUPTA) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No VIMAL KUMAR 2025.08.28 10:19 I attest to the accuracy and integrity of this document