IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-D-619-DB-2004 Date of Reserve:03.11.2025 Date of Decision: 10.02.2026 Uploaded on: 13.02.2026 (i) CRA-D-619-DB-2004 Mam Chand and Anr. …Appellants Vs.

State of Haryana …Respondent (ii) CRR-2000-2004 Raghbir Singh …Petitioner Vs.

State of Haryana and Ors. …Respondents Coram : Hon’ble Mr. Justice N.S.Shekhawat Hon’ble Ms. Justice Sukhvinder Kaur Present: Ms. Anju Arora, Advocate (Amicus Curiae) with Ms. Alisha Arora, Advocate for the appellant in (CRA-D-619-DB-2004).

Ms. Gurneet Sagoo, Advocate as Amicus Curiae for the petitioner in CRR-2000-2004.

Mr. Rajiv Sidhu, Sr. DAG, Haryana with Mr. Rajinder Kumar Banku, Sr. DAG, Haryana.

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N.S.Shekhawat J.

1. This judgement shall dispose of two cases i.e. CRA-D-619-DB- 2004 titled as “Mam Chand and Anr. Vs. State of Haryana and CRR-2000-

2004 titled as “Raghbir Singh Vs. State of Haryana and Ors, simultaneously, as both the cases arise out of common impugned judgment of conviction and order of sentence dated 07.06.2004, passed by the Court of Additional Sessions Judge, Kaithal.

2. Vide the impugned judgment of conviction and order of sentence dated 07.06.2004, passed by the Court of Additional Sessions Judge, Kaithal, the appellants in criminal appeal No.CRA-D-619-DB-2004 were convicted for the commission of offence punishable under Section 302 IPC and were sentenced to undergo life imprisonment and to pay a sum of Rs.10,000/- each as fine, in default of payment of fine, they would further undergo rigorous imprisonment for a period of six months and challenging their conviction and sentence, they have preferred the appeal before this Court.

3. On the other hand, Raghbir Singh, complainant/petitioner in Criminal Revision No.CRR-2000-2004 has filed the revision petition before this Court with a prayer to enhance the sentence imposed on the accused/respondents in the present case and to award a sum of Rs.2,00,000/- as compensation.

4. During the pendency of appeal/revision before this Court, appellant No.2 Ramesh @ Mesha in CRA-D-619-DB-2004 and respondent No.3 in CRR-2000-2004 had already expired and the appeal/revision qua him stood abated.

5. The FIR (Ex.PF/1) was ordered to be registered on the basis of the statement made by Raghbir Singh son of Gian Singh, resident of Dhand, Police Station Dhand, District Kaithal and the said statement has been reproduced below:-

“It is stated that I am resident of above noted address and doing the work of agriculture. We are two brothers and four sisters. I am eldest, younger to me two sisters namely Saroj and Shakuntla, younger to them my brother is Karambir, then my sister Santosh and youngest is Kamlesh. We both brothers and three sisters are married and my younger sister Kamlesh is unmarried. We have 11 killas of land. Out of this, we cultivate 5 killas of land and Mam Chand @ Duta son of Puran Chand Caste Jhinwer, resident of Chur Majra is cultivating the remaining 6 Killas of land on 1/2 share for the last three years and from this time he is also looking after the cattle and it was also his duty to put the fodder to the cattle. Mam Chand @Duta is in the habit of taking liquor. Yesterday, he had started taking liquor since morning. At about 7.30 P.M, I, Pala Ram son of Ram Dhari, Deba son of Dalla Ram Caste Gujjar, residents of Dhand were talking in front of the gate of my Bara which is situated on Kaithal Dhand road. My father Gian Singh was standing in the Bara and in the meantime, Mam Chand @ Duta son of Puran Chand Jhinwer and his son Mehsha came from the side of field, then my father told Mam Chand @ Duta that the cattle were standing hungry and thirsty throughout the day and you are wandering taking liquor. Mam Chand started abusing which was restricted by my father from abusing. On that Mehsha gave a fist blow on the abdomen of my father and Mam Chand @ Duta picked up an iron rod which was lying in the Bara and gave a blow on the left side of the head my father and blood started oozing out fr