Hira Singh vs State Of Punjab - 2025 Supreme(P&H) 467

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2025 Supreme(P&H) 467

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Hira Singh – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Gurinder Singh, Amicus Curiae
For the Respondent: Mr. Harkanwar Jeet Singh, AAG, Punjab

JUDGMENT :

Jasjit Singh Bedi, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 27.11.2004 passed by the Additional Sessions Judge (Adhoc), Amritsar.

2. The instant FIR came to be registered on 27.03.2004. The accused-appellants came to be convicted vide judgment of conviction and order of sentence dated 27.11.2004. The present appeal against the conviction was filed on 27.01.2005. The matter has come up for final hearing now after more than 20 years of the registration of the FIR.

3. Briefly, the allegations of the prosecution are that on 26.03.2004 at about 11.30 P.M., Karnail Singh-complainant and his other brother Harbans Singh were coming back from the field to their house and on the way when they reached near the house of Gehal Singh-deceased, their other brother, they heard a noise which was being raised by Phuman Singh son of Gehal Singh, that his father was being killed. They hurriedly entered the house. In the light of a bulb, they saw that Gehal Singh was lying on the cot and Jasbir Kaur his wife had caught hold of his legs and Hira Singh, accused was giving him blows on his neck with a spade. When they raised a hue and cry,