IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-D-440-DB-2004 (O&M)

Date of Reserve:14.10.2025 Date of Decision: 19.01.2026 Uploaded on: 21.01.2026 (i) CRA-D-440-DB-2004 (O&M) Parmodh Kumar and Anr. …Appellants Vs.

State of Punjab …Respondent (ii) CRA-D-744-DB-2004 Sansar Singh …Appellant Vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Hon’ble Ms. Justice Sukhvinder Kaur Present: Mr.Karan Sharma, Advocate as Amicus Curiae for the appellant in CRA-D-440-DB-2004.

Mr.J.S Bains, Advocate for the appellant in CRA-D-744-DB-2004.

Mr.I.P.S Sabharwal, DAG, Punjab.

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N.S.Shekhawat J.

1. This judgement shall dispose of two criminal appeals i.e. CRA-D- 440-DB-2004 titled as “Parmodh Kumar and Anr. Vs. State of Punjab and CRA-D-744-DB-2004 titled as “Sansar Singh Vs. State of Punjab, whereby, the appellants have assailed the legality and correctness of impugned judgment of conviction dated 01.04.2004 and order of sentence dated 05.04.2004, passed by the Court of Additional Sessions Judge, Kapurthala, whereby, the appellants have been convicted for commission of the offences punishable under Sections

302/34 of IPC, the appellants have preferred the appeals before this Court.

2. The FIR (Ex.PE/2) was ordered to be registered on the basis of the statement (Ex.PE) made by Gurmel Singh son of Pritam Singh, resident of Ramgarh, Phagwara and the said statement has been reproduced below:-

“Stated that I am resident of above stated address.I am doing the work of agriculture. I have two sons and two daughters. My elder son Dalbir Singh @ Babu aged 30 years, who was married about 2/3 years ago. Dalbir Singh @ Babu, Parmod @ Pammi, son of Ram Parkash has kept his residence in village Palahi. He alongwith Sansar son of Santa Singh R/o Palahi and Pardeep Kumar son of Lal Chand R/o Daddal Mohalla, Phagwara were doing the work of lottery stall. My said son was giving some amount from his profit ( being the amount of committee) to Surinder @ Shodi r/o Hoshiarpur Road, Phagwara and at about 10:00 PM night time he went to his house daily in routine. Yesterday, night, my son had not reached at home and I had waited him for a sufficient time. Due to the night time, I could not search him. Then in the morning at about 09:00 AM my nephew Kamaldip Singh son of Jarnail Singh had told me that one dead body is lying in village Palahi in the fields of paddy crop. Then I accompanied him and saw that the dead body of my son Dalbir Singh was lying in the fields of Jit Singh resident of Palahi, in the fields of paddy crop at a distance of 15 feet from the road, some unknown persons had murdered my son with sharp edged weapon after giving the blows on his neck and also on the different parts of his body. I had left Kamaldip Singh at the spot for the safe guard of the dead body. I am going to inform the police, when you had met me on the way. Action be taken. Statement has been heard, which is correct”.

3. After the registration of the case, Surjit Singh S.I along with other police officials reached at the place of recovery of dead body and inspected the site. The finger prints expert and dog squad were called and the site was inspected by senior police officers also. The inquest was conducted and a report was prepared in this regard by Surjit Singh, SI. After taking the dead body into possession, it was sent for post mortem examination at Civil Hospital, Phagwara. Even, various other articles were taken into possession from the place of recovery of dead body. During the course of investigation, on 16.08.2002, Gurmel Singh came to Surjit Singh, S.I and his supplementary statement was recorded. The statement of Gopal Singh was also recorded and both the appellants along with their co-accused Rajwinder Kaur were nominated as accused in the present case. Thereafter, the raids were conducted to arrest the accused in the present case and they were arrested on 20.08.2002. Firstly, Parmodh Kumar, appellant in CRA-D-440-DB-2004 was interrogated. Then, S