IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 15.05.2025 HARJINDER KAUR .... Appellant VERSUS STATE OF PUNJAB ...Respondent CRA-D-743-DB-2004 (O&M)

BALDEV SINGH .... Appellant VERSUS STATE OF PUNJAB ...Respondent CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Ms. Ekta Thakur, Advocate (through V.C.)

for the appellant in CRA-D-81-DB-2004.

Mr. Rohit Singh, Advocate with Mr. Narinder Singh, Amicus Curiae for the appellant in CRA-D-743-DB-2004.

Mr. Siddharth Attri, Asstt. A.G., Punjab.

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J ASJIT SINGH BEDI, J.

This judgment shall dispose of two criminal appeals i.e. CRA-D-

81-DB-2004 titled as Harjinder Kaur Vs. State of Punjab and CRA-D-743- 2004 titled as Baldev Singh Versus State of Punjab as the same are arising out of the same FIR. However, for the sake of convenience the facts have been taken from CRA-D-81-DB-2004.

2. The FIR was registered on 13.10.2000, the judgment of conviction and order of sentence passed by the Addl. Sessions Judge (Adhoc), Patiala is dated 11.12.2003, the appeal was filed on 19.01.2004 and the matter is being taken up for hearing now i.e. after a period of more than

24 years from the date of registration of the FIR.

3. The brief facts of this case are that Om Parkash s/o Joginder Singh suffered his statement Ex.PG before the police on which endst. Ex.PG/1 was made and this case was registered u/s 302 read with 34 IPC. According to Om Parkash complainant they were three brothers and two sisters. His brothers were Balbir Singh and Rachhpal Singh (deceased). About 18/20 years ago his brother Rachhpal Singh deceased was married with accused Harjinder Kaur daughter of Gulzar Singh of Jai Nagar P.S. Sadar, Rajpura. Out of this marriage three children were born including one daughter and two sons. Rachhpal Singh had been living separately from them since 15/16 years prior to the occurrence. Rachhpal Singh deceased was a Sarpanch of the village and was employed at Milk Time Factory. Accused Baldev Singh s/o Kundan Singh was residing as a tenant in the house of Rachhpal Singh. Baldev Singh accused had developed illicit relations with Harjinder Kaur W/o Rachhpal Singh since long which fact was known to the whole village. Because of this reason the complainant along with his other family members had boycotted the family of Rachhpal Singh. In the night intervening 12/13.10.2000 at about 12 0’clock his brother Rachhpal Singh had raised an alarm of 'Bachao- Bachao'. On hearing this, the complainant had gone on the roof from the stair-case and from there he entered the courtyard of Rachhpal Singh. In the meanwhile his other brother Balbir Singh and father Joginder Singh also came and he opened the gate of Rachhpal Singh's house from inside. On this, his father Joginder Singh and brother Balbir Singh came in the courtyard and found that his brother's wife had caught hold of the long hair of Rachhpal Singh with her left hand and she had a rod in her right hand, Baldev Singh accused had a stick in his hand. Then Harjinder Kaur gave a stick blow to Rachhpal Singh on his left thigh and then Baldev Singh accused gave a stick blow on the back of the right shoulder of Rachhpal Singh. The complainant intervened and his brother's wife namely Harjinder Kaur stated that it was their family matter and the complainant party were nobody to interfere. Then Harjinder Kaur gave a stick blow to Balbir Singh on his left elbow and then she gave another stick blow on the back of his father right shoulder. When the occurrence ended all of them went to their respective houses. At about 6.00 AM in the morning the complainant heard the weeping noise of his brother's wife namely Harjinder Kaur. On this, he along with his neighbour Amarjit Singh s/o Hari Ram went to the house of Rachhpal Singh and found his brother Rachhpal Singh lying dead on the cot. In the meanwhile his other brother Balbir Singh and father Joginder Singh along with other persons came there. Deceased Rach