102 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 20.01.2026 Pronounced on:22.01.2026 Swarn Singh ...Appellant vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Hon’ble Mr. Justice H.S.Grewal Present : Mr. Arnav Sood, Advocate (Amicus Curiae)

for the appellant.

Mr. Rahul Jindal, AAG, Punjab.

***

N.S.Shekhawat J.

1. The appellant has filed the present appeal against the impugned judgment of conviction and order of sentenced dated 11.09.2023 passed by the learned Additional Sessions Judge (Adhoc), Amritsar, whereby, the appellant has been convicted for commission of the offences punishable under Sections

302 of IPC.

2. The FIR (Ex. PC) in the present case was registered on the basis of the statement made by Tarsem Singh S/o Mukhtar Singh and the same has been reproduced below:-

“Statement of Tarsem singh s/o Mukhtiar Singh, aged about 35 years, caste Mazhbi, r/o village Khasa. It is stated that I am a resident of village Khasa and do labour work. Today, it was about 7 p.m. I, Baljinder Singh s/o Gurbachan Singh, Mazhbi r/o Khase, who is my cousin (my real maternal aunt's son) and his brother Lakhwinder Singh @ Lakha, r/o Khase, the three of us had gone to fields via Kuthoha way on the side of railway lines to get ease of and were returning home, and when we reached at the bridge near the fields of Baljit Singh, Beharwale, accused Swaran Singh @ Soni s/o Radha Singh and his son Harjit singh, who had covered themselves with coarse cloth-sheets(Khes), were seen coming from the side of the village. Swaran Singh asked Baljinder Singh who are you. In reply, Baljinder Singh asked if he had recognized him and further told that he was Baljinder. Upon that, Harjit Singh son of Swaran Singh raised a Lalkara and said to his father that he should not be spared that day. At the same time, both of them grappled with Baljinder Singh on this I and Lakhwinder Singh tried to separate each other. While we were trying to separate them, Swaran Singh took out a dagger from the wrapping cloth of his body and gave blow to Baljinder Singh which struck his stomach. Baljinder Singh raised noise-"Mar ditta" and further requested for help. Blood began to come out from the stomach of Baljinder Singh and he fell flat. While we were trying to handle him, both the father and son ran away from the spot alongwith their weapons, within no time, we took him to our house. Then we took tempo (vehicle) from Giani Jaswant Singh of village Khasa. We viz Lakhwinder Singh, Gurbachan Singh father of Baljinder Singh, I and other people of the village took Balinder Singh to Govt. hospital, on that vehicle, when he died. The cause of enmity is that about 8-9 months back from that day, Swaran Singh and his son grappled with Baljinder Singh, on the issue that Baljinder Singh had an illicit relation with the daughter of Swaran Singh and a verbal compromise was effected in the village itself. Swaran Singh and his son Harjit Singh have killed Baljinder Singh with common intention for that very reason of enmity. Leaving Lakhwinder Singh son of Gurbachan Singh, there for the security of the dead-body. I and Gurbachan Singh were going to the police station for information where you met us. The statement has been recorded to you. The same has been heard and admitted to be correct. I claim that legal action be taken against them.

Attested L.T.I. of abovesaid Sd/SI PS: Chheharta Tarsem Singh.

Dated 05.12.2000.”

3. After registration of the FIR, the dead body was shifted to the hospital for post-mortem examination. Sukhdev Singh, SI/SHO went to the hospital and prepared the inquest report (Ex.PB). The rough site plan of the place of occurrence was prepared and the statement of the witnesses were recorded. On 06.12.2000, the appellant was arrested and was interrogated. In pursuance of the disclosure statement suffered by him, he got recovered a churri (knife), which was concealed by him. However, after taking into possession, the knife (churri) was sealed