IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-D-314-DBA of 2004 Date of Decision:03.02.2026 Uploaded on: 01.04.2026 State of Punjab …Appellant Vs.

Salim Khan …Respondents CORAM: HON’BLE MR. JUSTICE N.S.SHEKHAWAT HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr. Rahul Jindal, AAG, Punjab.

Mr. Parminder Singh Sekhon, Sr. Advocate with Ms. Shefali, Advocate, for the respondent.

N.S.SHEKHAWAT , J.

1. The State of Punjab has preferred the present appeal against the impugned judgment dated 01.08.2003 passed by the Court of Sessions Judge, Sangrur, whereby the respondent was ordered to be acquitted of the charge under Section 302 IPC.

2. The FIR in the present case was registered on the basis of the statement made by Jamil Mohammad, PW5, who alleged that Neena @ Parveen was his sister, who was married about two years back with Salim Khan accused. There started a dispute between the couple after about two months of the marriage, but it was resolved. She had been residing with the accused for the last about three months in a house in Madina Basti, Malerkotla. There were occasional outbursts between the two. On 15.04.2002 at about 06.00 p.m., Jamil Mohammad received telephonic call from Ashok Kumar, (who was a tenant in their house) that Salim Khan was quarreling with Neena Parveen upon which Jamil Mohammad told this fact to his mother Sadeeqan and went to the house of Neena Parveen at about 07.00 p.m. He found Salim Khan armed with a dagger, causing injuries to Neena Parveen. An injury was caused with the dagger in her abdomen and when she was falling down on the ground, he caused injuries in her arm pits. She fell down on the ground. Ashok Kumar reached there, and both of them raised Raula upon which Salim Khan abusing them ran away alongwith the dagger. Neena Parveen died at the spot. Ashok Kumar was left to guard the dead-body and Jamil Mohammad started for the Police Station, Malerkotla but SI Bhupinder Singh PW-11 met him near Kailo Gate, Malerkotla. Jamil Mohammad made a statement Ex.PH to the SI, which was forwarded to the Police Station and the present case was registered.

3. SI Bhupinder Singh PW-11 came to the spot, prepared inquest report of the dead-body and prepared rough site plan. The dead-body was sent for post-mortem examination. Blood stained earth was lifted and taken into possession. There were broken pieces of bangles and a pair of chappal, which were also taken into possession. Salim Khan was arrested in this case. During interrogation, he suffered disclosure statement Ex.P.N to the effect that he has kept concealed a dagger with Rukhsar, in the grass on the backside of Idgah, which he only knew and offered to get the same recovered. Disclosure statement was signed by the accused and attested by ASI Darshan Singh and HC Sinder Singh. The accused then led the police party to the specified place and got the dagger recovered, of which khaka Ex.P.N./1 was prepared, it was put in a parcel and was sealed with the seal bearing impression BS and was taken into possession vide memo Ex.PN/2, attested by PWs. Rough site plan of the place of recovery of dagger was also prepared. The clothes which the deceased was wearing and were put off at the time of post-mortem examination, were also stained with human blood. These were removed by the doctor and were made into parcel and were handed over to the police. The blood stained earth, clothes of the deceased and the dagger were sent to the Director, Forensic Science Laboratory Punjab, Chandigarh, who vide his report Ex.PQ reported that the same were stained with human blood.

4. After the registration of the FIR, Bhupinder Singh, SI, went to the spot and prepared the inquest report of the incident. He also sent the dead body for post-mortem examination and the incriminating evidence from the place of occurrence was collected. He also arrested Salim Khan, respondent in the present case, who got recovered a dagger in pursuance of his disclosure statement, Ex.PN, from the grass on th