JUDGMENT

MARKANDEY KATJU, J.—

Criminal Appeal No. 116/2006

1.This appeal is directed against the impugned judgment and order dated 20.9.2004 of the Punjab & Haryana High Court in Criminal Appeal No. 891-DB of 2003.

2.Heard learned counsel for the parties and perused the record.

3.The prosecution case is that at about 2.30 P.M. on 4.8.2002, Sarabjit Singh (PW6) son of Avtar Singh, a resident of village Basiala was going from his house towards his Haveli for feeding his cattle when he heard the shrieks of ‘Bachao-Bachao’ of his grand-mother Joginder Kaur from the fodder room situated in the Haveli. He rushed to that side and saw Kulwinder Singh accused, resident of village Sujjon, whose maternal parents resided in village Basiala inflicting gandasi blows on the neck of Joginder Kaur. On seeing him, Kulwinder Singh ran away from the spot carrying the gandasi with him. On going closer, Sarabjit Singh found that his sister Hardip Kaur was also lying injured in the room writhing in pain. On enquiry, both Hardip Kaur and Joginder Kaur allegedly told Sarabjit Singh that Kulwinder Singh had entered the room for committing rape upon Hardip Kaur and on her resistance, he had put her chuni around