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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
GURVINDER SINGH GILL, JASJIT SINGH BEDI
Surjeet Singh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Gurvinder Singh Gill, J.
This judgment shall dispose of above-mentioned two appeals arising out of judgment dated 27.01.2005 and order of sentence dated 29.01.2005 passed by learned Additional Sessions Judge, II, Jind. While CRA-D-222-DB-2005 has been filed on behalf of appellant - Surjeet Singh challenging his conviction for offence punishable under Section 302 IPC, CRA-S-394-SB-2005 has been filed by Sumer Singh, Dilawar @ Dalel Singh and Om Parkash challenging their conviction for offence punishable under Section 323 IPC. However, since the appellants Sumer Singh and Dilawar @ Dalel Singh have expired, proceedings qua them stand abated vide order dated 31.01.2025. As such, CRA-S-394-SB-2005 survives only qua appellant No.3 - Om Parkash.
2. The matter arises out of FIR No.516 dated 21.11.2001 registered at Police Station Safidon, under Sections 302, 307, 323, 148, 149 IPC and Sections 24, 54, 59 of the Arms Act (Ex.P-1A), at the instance of Jaswant Singh. It is the case of prosecution that on 21.11.2001, pursuant to receipt of intimation from the CHC, Safidon regarding admission of Krishan, Jaswant Singh, Nand Ram, Dhanpati, Kamla and Angoori in injured condition, the pol
Conviction affirmed – Offence of Murder - Prosecution evidence is trustworthy and prosecution has brought home the guilt of all the appellants by cogent, credible and trustworthy evidence.
Once it is concluded that case is of free fight, concept of vicarious liability under Section 149, IPC cannot be applied to such a case.
The central legal point established in the judgment is the application of joint liability under section 34 of the Indian Penal Code, supported by precedents, to attribute criminal responsibility to t....
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