IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

1. CRA-D-920-DB-2004 Date of decision: 28.08.2025 Lakhwinder Singh @ Lakha @ Sukhpal Singh .....Appellant Versus The State of Punjab .....Respondent

2. CRR-2313-2004 Date of decision: 28.08.2025 Karamjit Singh .....Petitioner Versus Lakhwinder Singh @ Lakha @ Sukhpal Singh .....Respondent CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON'BLE MR. JUSTICE H.S. GREWAL Present : Mr. Akshay Bhan, Sr. Advocate with Mr. Gurinder Singh, Advocate for the appellant in CRA-D-920-DB-2004 and for the respondent in CRR-2313-2004.

Mr. Gautam Dutt, Advocate and Mr. Sukhsharan Sra, Advocate for the complainant in CRA-D-920-DB-2004 and for the petitioner in CRR-2313-2004.

Mr. H.S. Deol, Sr. DAG, Punjab.

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MANJARI NEHRU KAUL, J.

1. This order shall dispose of above-referred CRA-D-920-

DB-2004 and CRR-2313-2004 as they both arise out of the same incident, FIR and judgment of conviction, and similar questions of facts and law are involved in them. In CRA-D-920-DB-2004, appellant- accused Lakhwinder Singh @ Lakha @ Sukhpal Singh is challenging his conviction whereas in CRR-2313-2004, complainant Karamjit Singh is praying for enhancement of fine imposed/sentence awarded to appellant Lakhwinder Singh @ Lakha @ Sukhpal Singh.

2. For the sake of convenience, the facts are being taken from CRA-D-920-DB-2004.

3. The instant appeal is directed against the judgment of conviction dated 28.08.2004 and order of sentence dated 02.09.2004 passed by learned Sessions Judge, Sangrur, in case FIR No.156 dated 22.09.2003 under Section 302 of the IPC, registered at Police Station Lehra, whereby the appellant has been convicted and sentenced under Section 302 of the IPC for the murder of Chanan Singh.

Facts Leading to the Filing of the Instant Appeal

4. The genesis of the prosecution case lies in an occurrence which took place on the evening of 21.09.2003. On that day, complainant Karamjit Singh (PW-1), accompanied by his father Chanan Singh (deceased) and his uncle Ram Chand (PW-2), proceeded to their agricultural fields for the purpose of availing their turn of canal water. As per the irrigation record (Ex.PE) their turn to draw water commenced at 7.56 pm, immediately after the turn of Lakhwinder Singh @ Lakha @ Sukhpal Singh, the accused (appellant herein). 5. When Chanan Singh attempted to divert the flow of water towards his own fields, the accused, who was armed with a kahi (Ex.P4), objected to such diversion. At approximately 8.00 pm, as Chanan Singh entered the canal to cut and divert the water, the accused launched an attack upon him. He struck a blow on the head of Chanan Singh with the kahi, causing him to collapse, and thereafter inflicted yet another blow on his head. Karamjit Singh (PW-1) immediately raised an alarm, and Ram Chand (PW-2), who was present at the spot, also witnessed the occurrence. Thereafter, the accused fled from the scene, carrying the weapon of offence with him.

6. The injured Chanan Singh was promptly removed to the Civil Hospital, Sangur, where Dr. Surjit Singh (PW-5) provided medical treatment and simultaneously despatched a medical ruqa (Ex.PF) to the police. Owing to the gravity of the injuries, Chanan Singh was referred first to Rajendra Hospital, Patiala, and ultimately to Amar Hospital, Patiala, where despite medical intervention, he succumbed to his injuries on 22.09.2003. His admission at Amar Hospital was duly proved by Balwinder Singh (PW-12), Accountant of the said hospital.

7. On the basis of the statement of Karamjit Singh (Ex.PA), recorded by ASI Amrik Singh (PW-8), a formal FIR (Ex.PA/2) was registered at Police Station Lehra. Inquest proceedings were conducted on the dead body (Ex.PL), and the same was thereafter forwarded for post-mortem examination. The post-mortem (Ex.PJ) was conducted by Dr. S.S. Oberoi (PW-6), who found four distinct injuries on the body, including two incised wounds on the head of a grievous and fatal nature. He opined that death had occurred due to h