263 (2 case) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.08.2025 State of Punjab …Appellant V.

Inderpal and others …Respondents CRR-173-2005 (O&M)

Date of Decision: 28.08.2025 Sant Ram …Petitioner V.

State of Punjab and others …Respondents CORAM: HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. Amit Kumar Goyal, Addl. AG, Punjab for the appellant in CRA-D-463-DBA-2005.

Mr. Sanjeev Sharma, Advocate for the petitioner in CRR-173-2005 Mr. Ramesh Sharma, Advocate for respondents No.1, 2 and 4 in CRA-D-463-DBA-2005.

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ASHWANI KUMAR MISHRA, J. (Oral)

1. Criminal Appeal No.CRA-D-463-DBA-2005 filed by the State of Punjab as well as Criminal Revision No.CRR-173-2005 filed by the father of the deceased namely Sant Ram, are directed against the judgment of acquittal passed by the Court of learned Addl. Sessions Judge, Jalandhar, in Sessions Case No.40/2003. Both the cases are listed together and are being disposed of by way of this common judgment.

2. Prosecution case herein is with regard to an incident which occurred on 23.05.2022, at about 09:00 pm, when one Parveen Kumar (since deceased) was done to death by four accused/respondents namely (i) Inder Pal, (ii) Vikram Singh, (iii) Dinesh Kumar and (iv) Bimla Rani. FIR No.192 dated 24.05.2002, in respect of the incident was lodged at Police Station Sadar Jalandhar, at about 10:00 am on the next day, on the basis of disclosure statement made by Sant Ram son of son of Sukhdayal (informant), to Inspector Gurbachan Singh, Police Station Sadar Jalandhar.

3. The prosecution case, as recited in the FIR, is that the PW-1, Sant Ram (informant) had four sons and six daughters and all of whom were married. The other sons and daughters were living separately while the deceased (Parveen Kumar) was living with the informant (PW-1). The deceased was having differences with his wife who was living with her parents. Deceased had also a son and a daughter.

4. On the fateful night, at about 09:00 pm, one Chhotu accompanied by two other persons called the deceased from his house and took him away. The informant waited for the whole night for his son to return but in vain. On the next day, at about 09:00 am in the morning, the informant came to know that dead body of his son was lying in the fields near the small Canal (Sua). The informant along with his son, Vinod Kumar and Sushil Kumar, came to the spot and saw the dead body which was identified by them to be of Parveen Kumar (son of the informant). The dead body was lying in the fields and on the body of the deceased, there were injury marks allegedly caused by sharp edged weapon.

5. According to the informant, the deceased was done to death by Chhotu and his companions. It was on this basis that the FIR was registered. Pursuant to registration of the FIR, the investigation proceeded and from the place of occurrence, the Investigating Officer collected the blood-stains and sample earth as well as six footprints. Inquest was prepared and the dead body was sealed and sent to hospital for postmortem.

6. In the postmortem report, multiple incised and sharp wounds have been found which are as under:-

1. 15x5 cms sharp incised wound in front of neck in a semi circular way deep upto vertebral column cutting trachea oesophagus. Major vessels also cut and exposed. Wound covered with mud.

2. 3 ½ x ½ cm and 6 ½ cms deep sharp edged wound on left side, 2” below the left clavical in its middle.

3. 3 ½ x ½ cm and 12 ½ cms deep sharp edged wound, 1”

below right nipple piercing shirt and buniyan.

4. 3 ½ cms x 1 cm and 7 ½ cms deep in right hypogastrium region (incised wound).

5. 3 ½ cms x 1 cm and 7 ½ cm and 7 ½ cms deep incised wound, 1” medial to injury No.4.

6. Sharp wound 3 ½ cms x 1 cm and 3 ½ cms deep over right inter scapular region 1” lateral to the medial line (incised wound).

7. 3 ½ x 1 cm and 7 ½ cms deep incised wound on right lumber region, 4 cms lateral to mid line.

8. Multiple sharp wound of size 1 cm x