IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

1. CRA-D No.140-DB of 2008 (O&M)

RAJINDER PAL ANAND .....Appellant VERSUS CBI (STATE) .....Respondent

2. CRA-D No.137-DB of 2008 (O&M)

VINOD KUMAR .....Appellant VERSUS CENTRAL BUREAU OF INVESTIGATION .....Respondent

3. CRA-S No.107-SB of 2008 (O&M)

JASDEV SINGH .....Appellant VERSUS STATE OF PUNJAB .....Respondent

4. CRA-D No.132-DB of 2008 (O&M)

CONSTABLE MOHINDER SINGH .....Appellant VERSUS CBI (STATE) .....Respondent

5. CRA-D No.87-DB of 2008 (O&M)

DARSHAN SINGH .....Appellant VERSUS CBI (STATE) .....Respondent Reserved on: August 5^th, 2025.

Pronounced on: September 15, 2025.

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON'BLE MR. JUSTICE H.S. GREWAL Argued by: Mr. Vinod Ghai, Senior Advocate with Arnav Ghai and Mr. Dhruv Trehan, Advocates for the appellant (in CRA-D-140-DB-2008).

Mr. Naresh Gopal Sharma, Advocate for the appellant (in CRA-D-107 and 137-DB-2008). Mr. Ghulam Nabi Malik, Advocate for the appellant (in CRA-132-DB-2008).

Mr. Randeep Singh Waraich, Advocate with Ms. Pawandeep Kaur, Advocate for the appellant (in CRA-D-87-DB-2008).

Mr. Prateek Gupta, Advocate for CBI.

Mr. Amit Rana, Senior Deputy Advocate General, Punjab.

H.S. GREWAL, J.

By this judgment, we dispose of the above-mentioned appeals as they arise out of a common judgment of conviction dated 06.12.2007 and order of sentence dated 07.12.2007 passed by learned Additional Sessions Judge, Patiala, whereby the appellants have been convicted and sentenced as follows:

each each.

201/34 of R.I. for three years, each. ₹5,000/- R.I. for one year the IPC each each.

CASE OF THE PROSECUTION:

2. As per the case of the prosecution, Balbir Singh son of Modan Singh, resident of Village Shahpur, Police Station Bhawanigarh, District Sangrur (hereinafter referred to as ‘deceased’) died during police custody. The case of the prosecution was initiated pursuant to an FIR registered by the CBI on the basis of an order passed by this Court in CRM-M-15496 of 1996, filed under section 482 of the Cr.P.C. by father of the deceased. By the said order, the investigation was entrusted to the CBI, which registered FIR No. RC-12(S)/97/SIU-XV/CHG dated 13.06.1997 under Sections 302/34 of the IPC and undertook an extensive investigation.

3. During the course of its investigation, the CBI claimed to have seized fabricated police records, medico-legal documents, photographs of the recovery site (Exhibits PW-22/11 to PW-22/19), and statements recorded by the Sub Divisional Magistrate (SDM).

4. According to the prosecution, on 27.07.1996, deceased was illegally taken into custody by Inspector Rajinder Pal Anand (since expired), then posted as Incharge, CIA Staff, Nabha. This detention was allegedly in connection with an investigation into the theft of utensils and other articles from Gurdwara Tibbi Sahib, Nabha, based on a complaint filed by Gurmel Singh alias Panchi. It was alleged that during this illegal detention, deceased was subjected to brutal physical torture by the police officials, including ASI Rajpal Singh, Constables Darshan Singh, Mohinder Singh, and Vinod Kumar, under the direction of Inspector Rajinder Pal Anand.

5. The deceased reportedly sustained multiple injuries, including bruises, fractures, and burn marks. When his condition deteriorated severely, the police personnel allegedly attempted to obtain medical assistance. He was first taken to a private nursing home, which refused admission due to his critical condition. He was then briefly taken to Civil Hospital, Nabha, where the medical staff declined treatment in the absence of proper medico-legal formalities. Thereafter, in an alleged attempt to erase evidence of custodial torture, the police took deceased in an official Allwyn Nissan vehicle to the Thuhi canal bridge. At approximately 4:30 pm on 28.07.1996, he was thrown alive into the canal while in a grievously injured and incapacitated state.

6. Several persons engaged in kar sewa at an adjacent religious site witnessed the incident