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2025 Supreme(Online)(P&H) 8630

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MRS. LISA GILL, MRS. MEENAKSHI I. MEHTA, JJ
Gurtej Singh – Appellant
Versus
State of Punjab – Respondent
Criminal Appeal | FIR No.220 | 2013



Advocates:
For the Appellants/Petitioners: Mr. Abhijeet Partap Singh Chaudhary
For the Respondents: Mr. Raghav Garg, AAG, Punjab

The court ruled that consistent eyewitness testimony substantiates the appellant's conviction for murder, negating claims of accidental death.

Headnote:(A) Indian Penal Code, 1860 - Section 302 - Criminal Appeal against conviction - Appellant convicted for murder and sentenced to life imprisonment - The testimony of witness is key to conviction; discrepancies raised do not undermine the core facts of the case - The evidence establishes intentional causation of death through assault - Court affirms trial court’s conviction. (Paras 1, 14)

(B) Evidence - It is imperative to evaluate the credibility of witness statements - The absence of independent witnesses does not negate corroborative evidence where the prosecution witnesses are trustworthy. (Paras 9, 10)

Facts of the case:
The appellant was accused of killing his wife following a history of domestic violence. The prosecution supported its case with testimonies from witnesses who observed the assault and the events leading to the death. The appellant claimed a false implication and that the death was accidental due to a fall.

Findings of Court:
The testimonies were consistent and credible, particularly in detailing the circumstances of death - Trial court's conviction for murder affirmed.

Issues: The court assessed the reliability of eyewitness accounts, the management of evidence, and the presence of circumstances supporting the prosecution’s claims.

Ratio Decidendi: The court asserted that even without independent witnesses, the testimonies of reliable witnesses supported a strong case against the appellant - There were no substantial discrepancies to undermine the conviction.

Result: Appeal dismissed.

Table of Content
1. background of the offense and family dynamics leading to murder. (Para 2 , 3 , 4)
2. court's assessment of evidence and witness reliability. (Para 5 , 8 , 10)
3. arguments regarding the presence and credibility of witnesses. (Para 6 , 7)
4. final ruling on the appeal against conviction. (Para 14)

MEENAKSHI I. MEHTA, J.

By way of instant criminal appeal, the above-named appellant  has laid challenge to the judgment and order on sentence dated 31.05.2014, as handed down by learned Additional Sessions Judge, Sangrur (for short ‘the trial Court’), in the criminal case arising out of FIR No.220 dated 27.11.2013 registered at Police Station Dirba, under Section 302 IPC , whereby he (appellant) has been held guilty for committing the afore-said offence and has been awarded the sentence as under:-

It has, further, been ordered that in the event of realization of fine, an amount of Rs.80,000/- be given to the children of Ranjit Kaur (here-in-after to be referred as ‘the deceased’), as compensation under Section 357 Cr.P.C, subject to the provisions of Section 357 (2) Cr.P.C.

2. Shorn and short of unnecessary details, the facts, culminating in the filing of present appeal, are that on 27.11.2013, Inspector/SHO Shubeg Singh, along-with some other police officials, was present at ‘naka bandi’ (putting-up of barricades) at Bus Stand, Dirba in connection with patrolling duty. Complainant Sukhdev Singh son of Piara Singh met him there and made a statement before him (SHO) which was reduced into writing accordingly. The complainant stated that his sister Ranjit Kaur (since deceased) was aged about 35 years and she had been married to the appellant about 13 years ago. Two children namely Amandeep Kaur and Karandeep Singh, aged about 12 years and 07 years respectively, had born out of their wedlock. The appellant was a drunkard and the deceased used to ask him to refrain from consuming alcohol and due to this reason, he (appellant) used to beat and torture her and send her to her parental house but they used to send her back to her matrimonial home after making her understand the matter. About four days prior to that day, the deceased called him (complainant) on the phone and informed him that the appellant was beating her and was forcibly throwing her out of the house. Then, he sent his father to her (deceased’s) matrimonial home but on 26.11.2013, the deceased and her father were forcibly turned out from there after being abused and they reached at his (complainant’s) village at about 10:00 A.M. However, on receipt of a phone-call at about 12:00 Noon on the same day, regarding the demise of grandmother-in-law of deceased, he (complainant), his brother Jarnail Singh and cousin brother Pargat Singh took the deceased to her matrimonial house and attended the funeral. Thereafter, they left the deceased there and returned to their village. On that day (27.11.2013), at about 9:00 A.M, the deceased informed him on phone that the appellant had given her beatings under the influence of liquor and was ousting her from their home. On receiving this information, he, along-with his above- named cousin brother, reached at the matrimonial home of deceased around 12:00 Noon and she (deceased) started narrating her plight to them and when he tried to make the appellant understand the matter, he (appellant) picked up one ‘Ghotna’ (a kitchen tool, i.e a wooden stick with a rounded head, used for mashing/grinding ingredients in a mortar) lying in the house and hit the same on the head of deceased who lost consciousness and fell down. On his raising an alarm, the appellant ran away from the spot along- with afore-said ‘Ghotna’. After making arrangement for transportation, he and his cousin brother took the deceased to Deep Hospital at Dirba for her treatment but she succumbed to her injuries. He had suspicion that the father-in-law of deceased namely Saun Singh, had also conspired to cause her death. This statement was forwarded to the Police Station

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