IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1. CRA-D-490-DB-2004 (O&M)

Gurmail Singh @ Gaili & others … Appellants Versus State of Punjab … Respondent

2. CRA-S-916-SB-2004 (O&M)

Karamjit Singh @ Malhi … Appellant Versus State of Punjab … Respondent

3. CRR-1175-2004 (O&M)

Jaswant Singh … Petitioner Versus State of Punjab … Respondent Reserved on : 11^th August, 2025 Pronounced on : 25^th August, 2025 CORAM: HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL HON’BLE MR. JUSTICE H. S. GREWAL Argued by: Mr. SPS Sidhu, Advocate for the appellants.

Mr. Mohit Kapoor, Sr. Dy. Advocate General, Punjab assisted by Mr. R.K. Dhiman, Advocate for the complainant.

MANJARI NEHRU KAUL, J.

CRA-D-490-DB-2004 (O&M)

1. The present appeal has been preferred against the judgment of conviction dated 01.03.2004 and the consequential order of sentence dated 02.03.2004 passed by the Court of learned Sessions Judge, Faridkot, whereby the appellants have been convicted and sentenced, in connection with the alleged murder of one Balbir Singh, as under:

Both the substantive sentences were ordered to run concurrently.

2. The genesis of the prosecution case lies in the statement of PW-2 Jaswant Singh, the complainant, on the basis of which FIR No.28 dated 11.05.1999 Ex.PD was registered at Police Station Nihal Singh Wala.

3. Briefly stated, the complainant, Jaswant Singh had two sons, Jagdish Singh and Balbir Singh (since deceased), both engaged in running chemist shops. Jagdish Singh operated his shop at village Baude, while deceased Balbir Singh had been running his chemist shop at Badhni Kalan for the last about 10 years. It was their routine to return home in the evenings after closing their respective shops.

4. On the night of 10.05.1999, Jagdish Singh returned home as usual; however, Balbir Singh did not. After waiting for some time, the complainant, accompanied by Jagdish Singh and Sarpanch Balwinder Singh set out in search of Balbir Singh. Around 1:00 am, while passing near the tube-well bore of one Gela Singh in the area of village Rao Ke Kalan, they discovered the dead body of Balbir Singh lying on the left side of the road. The body bore visible firearm injuries and was smeared with blood.

5. Near the body lay a Vespa scooter bearing registration No.PB-36A-0890, along with 2 empty 12 bore cartridges. The complainant suspected that unknown assailants had murdered his son by causing firearm injuries. Leaving Jagdish Singh at the spot, he and the Sarpanch proceeded to Police Station Nihal Singh Wala, where Inspector Sandeep Kumar recorded the FIR.

6. On 11.05.1999, PW-19 Inspector Sandeep Kumar visited the scene of occurrence in the presence of the complainant and the Sarpanch. He prepared the inquest report Ex.PB on the identification of Jaswant Singh and Balwinder Singh. Two empty 12 bore cartridges were recovered, converted into a parcel, sealed with the seal impression “SK”, and taken into possession vide memo Ex.PZ. Blood-stained earth and plain earth were also separately sealed and taken into possession vide memo Ex.PY. The Vespa scooter and its registration certificate, Ex.P11, were similarly taken into possession vide memo Ex.PAA.

7. The dead-body was sent to the Civil Hospital Moga for postmortem examination, along with request Ex.PC through HC Baljeet Singh. PW-6. PW-1 Dr. Sukhmander Singh and Dr. VJS Dhillon conducted the autopsy on 11.05.1999. Certain articles, including the clothes of the deceased Ex.P12 to Ex.P17, were produced before the Investigating Officer, sealed, and taken into possession vide memo Ex.PW-19/A. Parcels containing wads and pellets were marked as Ex.P18 and Ex.P19. The rough site plan of the place of occurrence Ex.PW19/B was prepared, and all parcels along with the scooter were deposited with the MHC.

8. Subsequently, investigation was entrusted to PW-20 Inspector Balwinder Singh. On 07.06.1999, he recorded the statement of PW-10 Mohinder Singh, a Panchayat member of village Rao Ke Kalan, under Section 161 Cr.P.C. PW-10 Mohinder Singh