IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on:-27.10.2025 Pronounced on:- 28.10.2025 Uploaded on:-19.01.2026 Naresh and another …Appellants Vs.

State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE N.S.SHEKHAWAT HON’BLE MRS. JUSTICE SUKHVINDER KAUR Present: Mr. Gaurav Tyagi, Advocate for the appellants.

Mr. Parmod Kumar, AAG, Haryana.

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N.S.SHEKHAWAT , J.

1. The appellants have preferred the present appeal against the impugned judgment dated 19.05.2004 and order dated 21.05.2004 passed by the Sessions Judge, Sonepat, whereby, both the appellants have been convicted for the commission of the offence under Section 302 read with Section 34 IPC and have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/-

alongwith default stipulation.

2. The FIR Ex.PA/1 in the present case was registered on the basis of the statement Ex.PA made by Kumari Geeta, daughter of Ram Mehar resident of Chidana and the same has been reproduced below:-

“Statement of Kumari Geeta d/o Ram Mehar caste Jat r/o Chidana at present Gudha Road near Kumari Geeta Vidya Mandir School Gohana age 14 years. Stated that I am resident of above address. My father Ram Mehar had gone to Saudi Arb country. We are three sister and brothers. I am eldest and both my brothers are younger to me. I am studying in 7^th class. My uncle Ramesh has already expired eight months ago. After his death my aunt Rajesh had performed Kareva with my father. My Mausi (aunt) Rajesh @ Babli is living in village Chidana and my mother Rajwanti was living at Gohana in the house of my Foofa (uncle) Rattan alongwith us from two years ago because my Bua (aunt) had expired about 3 years ago. My Bua's children also used to live with us and son of my Mausi (aunt) Vikas @ Vickky s/o Ramesh also used to live with us. My father are three brothers. Naresh is my youngest uncle who lives at village. Two months ago my uncle Naresh had made a quarrel with my Mausi Rajesh and my mother Rajwanti about the partition of the plot and also given beating to my Mausi. He wants to take possession of whole the plot. My uncle Naresh was having a grudge from that time. He came to Gohana at our house twice or thrice and gave threat to my mother that no need to put your foot in the plot and if you demanded any share of the plot you would be killed. My mother scolded him and asked him not to come here. Today i.e., 30.05.2002, I along with my younger brother Satish and uncle's son Vikas @ Vickky were studying and sitting in the verandha of house and my mother was stitching her suit. At about 5:30 P.M. my uncle Naresh and Nesha s/o Chander Jat r/o village Chidana both came inside our house and my uncle Naresh stated that she should be taught a lesson for demanding share in the plot and after that Naresh threw my mother sitting before sewing machine in the varanda. We tried to rescue her but Naresh also pushed us to backside. Nesha caught hold of my mother's both hands and my uncle Naresh inflicted various blows of knife on head, hands, chest, stomach and feet of my mother continuously. When we raised alarm of Bachao-Bachao our uncle also shown knife to us and due to fear we rushed back. On hearing our noise our relatives Hari Om s/o Raghbir Singh caste Jat r/o Lath who was staying at our house since morning came on the spot from neighbour's house. On seeing him my uncle Naresh and Nesha ran away towards Meham Road along with knife. We all ran behind to catch them then we saw a Maruti car of white colour on the Guddha chowk, in which a person was sitting on the driver's seat. My uncle Naresh and Nesha sat in the car and asked Karambir to run away and all the three rushed towards the city in that car. On our return at home I found my mother dead. I sent my brother Vikas to call my Mausi (aunt) from village Chidana. My Mausi Rajesh reached at our house and we told her, all the facts. Leaving the dead body in the custody of her aunt Rajesh and our brother Vikas, I was going to the po