High Court Punjab-Haryana High Court

Hardev Singh And Others vs State Of Punjab on 14 November, 2008

Punjab-Haryana High Court
Hardev Singh And Others vs State Of Punjab on 14 November, 2008
Criminal Appeal No.531-DB of 1998                                   1


      In the High Court of Punjab and Haryana at Chandigarh


                              Criminal Appeal No.531-DB of 1998
                              Date of decision: 14.11.2008



Hardev Singh and others
                                                 ......Appellants


                         Versus


State of Punjab
                                                  .......Respondent



CORAM: HON'BLE MR.JUSTICE JASBIR SINGH

            HON'BLE MRS. JUSTICE SABINA


Present:    Mrs.Baljit Kaur Mann, Advocate,
            for the appellant.

            Mr.Rajesh Bhardwaj, DAG, Punjab.

                  ****



JUDGMENT

SABINA, J.

Appellant Hardev Singh @ Haiba, Gurdev Singh and

Kuldip Singh have filed this appeal challenging their conviction and

sentence vide impugned judgment and order dated 22.9.1998 and

25.9.1998 respectively passed by Additional Sessions Judge,

Patiala.

Prosecution story, in brief, as noticed by the trial Court in
Criminal Appeal No.531-DB of 1998 2

para 2 of its judgment reads as under:-

“On 21.7.1992, Hamira Singh son of Mehma Singh made

a statement before Assistant Sub Inspector Darshan

Singh, when the police party was proceeding from village

Sarala to Jameetgarh etc. in connection with patrol duty.

Hamira Singh met the police party near the culvert of

village Marrian. Hamira Singh stated that he was resident

of village Harpalpur and was illiterate. He was a truck

driver. Surjan Singh son of Isher Singh, who was his

maternal cousin (father’s elder brother’s son) got 75

Bighas of land from Harnam Kaur on the basis of a Will.

He got possession under the orders of the Court through

the revenue department about some months back. The

said land was in two portions. On that day at about 4.30

a.m., he, Surjan Singh, Gurmukh Singh son of Attar

Singh, resident of Dhangeri, Mohinder Singh son of Sher

Singh, resident of Naleena, Jaswant Singh son of Gurdial

Singh, resident of Mehmoodpur, Police Station Guhla,

Subheg Singh son of Kapur Singh, resident of Talheri,

Jagga Singh son of Mehar Singh, Gama son of Harnam

Singh, resident of Harpalpur and Mohinder Singh,

resident of Naleena, who was his brother-in-law, came on

Escort 37 tractor trolly from Harpalpur for ploughing the

land of Surjan Singh situated in village Loh Simbli. They

had also brought the seed of charri with them. Jaswant
Criminal Appeal No.531-DB of 1998 3

Singh son of Gurdial Singh, resident of Mehmoodpur was

armed with his licenced gun. They reached in about one

hour near the drain of dirty water in the area of Loh

Simbli. They trolly was separated from the tractor.

Mohinder Singh started ploughing the land with the

tractor. They were throwing the seeds of charri in the

field. They ploughed about 3 kills of land. At about 7/7-

30 a.m. a group of persons came from the side of Loh

Simbli. When they came near, he recognised Balwant

Singh son of Waryam Singh, resident of Loh Simbli who

was empty handed, Gurdev Singh son of Jagir Singh,

resident of Loh Simbli was armed with a gandasi, Hardev

Singh @ Haiba son of Jagir Singh was armed with a 12

bore gun, Kesar Singh son of Jagir Singh, Jaswinder

Singh son of Kesar Singh, Karamjit Singh son of Kesar

Singh, Sukhjit Singh son of Hardev Singh and Kuldip

Singh son of Gudev Singh, all residents of Loh Simbli

were armed with dangs (sticks). Mohinder Singh son of

Gurdev Singh was armed with gandasi. Gurdev Singh

and Balwant Singh gave the lalkaras that they should

teach them a lesson for ploughing the land of a issueless

person. Nobody should escape from there. Hardev

Singh fired two gun shots from his 12 bore gun towards

Surjan Singh. Surjan Singh received the injuries on his

chest, on the left side of his abdomen and other parts of
Criminal Appeal No.531-DB of 1998 4

the body. Mohinder Singh, who was armed with a

gandasi, gave gandasi blows to Surjan Singh which hit

him on his right and left legs and on his left arm. As a

result, Surjan Singh fell down. Sukhjit Singh gave many

blows with his stick to Gurmukh Singh. Kuldip Singh gave

many blows with his stick to Mohinder Singh. Karamjit

Singh gave many blows with his stick to Jaswant Singh.

Jaswinder Singh gave many blows with his stick to

Subheg Singh. Kesar Singh gave many blows with his

stick to Jagga Singh successively. Gurdev Singh gave

the gandasi blows to Gurnam Singh. Gurnam Singh

received many injuries on his person and the blood

started coming out of the injuries. During the fight

Jaswant Singh son of Gurdial Singh, resident of

Mehmoodpur, who was armed with 12 bore gun, fired two

shots in self defence which hit Balwant Singh son of

Waryam Singh, resident of Loh Simbli. Kesar Singh and

his sons Jaswinder Singh and Karamjit Singh snatched

the 12 bore gun along with licence and papers from

Jaswant Singh. Thereafter, Gurdev Singh caused blows

with the gandasi. On the Escort 37 tractor and damaged

the tractor and the engine. After throwing the diesel on

the tyre of the trolly it was burnt. After the occurrence all

the accused ran away towards Loh Simbli along with 12

bore gun of Jaswant Singh. They raised alarm but
Criminal Appeal No.531-DB of 1998 5

nobody came to rescue them. Hardev Singh and other

accused with an intention to take possession of the land

caused to injuries to Surjan Singh and his relatives.”

On the basis of statement of complainant formal FIR

No.53 dated 21.7.1992 was registered by police of Police Station

Ghanaur.

Assistant Sub Inspector Darshan Singh along with police

officials and Hamira Singh came to the place of occurrence. The

injured persons were removed to Civil Hospital, Rajpura for medical

treatment. Assistant Sub Inspector Darshan Singh prepared the

rough site plan of the place of occurrence. The blood stained earth

was lifted from the spot. Two empty cartridges of 12 bore from the

spot were also taken in possession. Two cartridges and tractor trolly

were also taken in possession. Statements of the witnesses were

recorded.

Doctor O.P.Goel (PW-1) deposed that on 21.7.1992 at

about 11.30 a.m. he examined Balwant Singh and found following

injury on his person:-

“Multiple mall lacerated on left side of the chest and left

upper arm on back of chest. Margins were irregular and

black in colour. Kept under observation subject to X-ray

and operation notes of the surgeon. There was swelling

of eye lid on left side, there was bleeding from left ear.”

The said injury was a result of fire arm.

On the same day he examined Gurmukh Singh at 11.45
Criminal Appeal No.531-DB of 1998 6

a.m. and found following injuries on his person:-

1. Lacerated wound 6 cm x 0.5 cm on the left side of

cheek and face. It was bone deep. The wound was

bleeding. It was kept under observation subject to X-

ray for evidence of injury to underlying bone.

2. Lacerated wound 3 cm x 0.5cm x 1.00 cm on top of

right shoulder, x-ray was advised for evidence of

fracture of underlying bone.

3. Abrasion 5 cm x 0.5 cm on front of right shoulder.

4. Lacerated wound 8 cm x 2 cm x 0.3 cm on the left

palm and encircling left thenar eminece, x-ray was

advised for evidence of fracture of underlying bone and

injury to nerves and vessels.

5. Lacerated wound 8 cm x 1.5 cm x 3.00 cm on left thigh

upper 1/3rd lateral aspect.

6. Lacerated wound 7 cm x 0.5 cm x 1.00 cm on left

parieto occipital region in front of external occipital

protuberance. It was bleeding. It was kept under

observation subject to x-ray.

7. Lacerated wound 2 cm x 1cm x 1cm on front of left leg

lower 1/3rd. It was bleeding. Kept under observation

subject to x-ray.

On the next day at about 12.00 noon Gurmukh Singh was

again medico legally examined and another injury was found on his

person. The said injury was earlier missed as on the earlier day
Criminal Appeal No.531-DB of 1998 7

many injured had been admitted in the hospital at the same time. The

said injury No.8 found on the person of Gumukh Singh was as

under:-

8. Multiple lacerated wounds on the back of upper half of

chest varying in size from 0.2 cm x 0.2 cm x 0.2 cm to

0.4 cm x 0.2 cm x0.2 cm. Margins were irregular and

some were blackened. Injuries were kept under

observation for evidence of foregoing body.

Injury No.8 was a result of fire arm. Remaining all the

injuries were simple in nature and were result of blunt weapon.

On 22.7.1992 he examined Gurnam Singh at 1.00 p.m.

and found following injuries on his person:-

1. Incised wound 3 cm x 2 cm x 1 cm on front of left leg

upper third.

2. Incised wound 4 cm x 2 cm x 2 cm between web space

between little and ring finger extending on Palmer and

dorsum aspect of hand. It was bleeding.

The said injuries were a result of sharp edged weapon

and were simple in nature.

On the same day he examined Mohinder Singh at 12.00

noon and found following injuries on his person:-

1. Lacerated wound on right part of forehead near the

outer end of right eye brow 2.5 cm x 1.00 cm x 1.00 cm.

X-ray was advised for evidence of x-ray of underlying

bone.

Criminal Appeal No.531-DB of 1998 8

2. Swelling 10 cm x 10 cm on left fore arm middle x-ray

was advised for evidence of x-ray of underlying bone.

3. Lacerated wound 2.5 cm x 2.5 cm x 0.5 cm on the right

leg lower 1/3rd. It was bleeding.

4. Lacerated wound 3 cm x 1cm x 1cm on right little finger

Palmer aspect, x-ray was advised.

5. Complained of pain on dorsum of left foot in middle..

X-ray was advised for fracture of underlying bone.

6. Complained of pain in chest.

7. Lacerated wound 2 cm x 1 cm x 0.5 cm.

The said injuries were a result of blunt weapon. Injuries

No. 2 and 4 were declared grievous in nature, whereas, the

remaining injuries were declared simple in nature.

On the same day at 12.15 a.m. he examined Jaswant

Singh and found following injuries on his person:-

1.Irregular lacerated wound on scalp 12 cm x 2 cm x bone

deep wound starting in midline of fore-head running

posteriorly and towards right frontal and parietal region. It

was bleeding. Advised x-ray for evidence of fracture of

underlying bone and injury to brain.

2. Lacerated wound 8 cm x 2 cm x bone deep on right

part of scalp and parietal region starting in mid line of

skull running downwards and towards right parietal

region. It was bleeding. X-ray was advised for

evidence of fracture of underlying bone.
Criminal Appeal No.531-DB of 1998 9

3. Lacerated wound 1.5 cm x 1cm x 1cm on back of right

fore arm in the middle third.

4. Swelling 3 cm in diameter on medical side of right

knee. X-ray was advised for evidence of fracture of

underlying bone.

5. Reddish blue contusion on front of right elbow and

right upper arm 8 cm x 4 cm.

6. Reddish contusion on front of right upper arm 8 cm x 4

cm.

7. Reddish contusion 6 cm x 4 cm on back of right gluteal

region.

On 23.7.1992 at 12.00 noon injured Jaswant Singh was

again examined and the following injury was also found on his

person which was considered as injury No.8:-

“8.Multiple lacerated wounds on the back of chest, back

of upper arm left varying in size from 0.2 cm x 0.2 cm x

0.2 cm to 0.4 cm x 0.2 cm x0.2 cm. Injury was kept under

observation for evidence of foregoing body or injury to

underlying lung and pleura”

All the injuries on his person were declared simple in

nature. Injury No.8 was a result of fire arm.

On the same day at 12.30 after noon he medico legally

examined Subegh Singh and found following injuries on his person:-

1. Lacerated wound on scalp, more so on right side 12 cm

x 3cm x 2.5 cm running antero, posteriorly on top of
Criminal Appeal No.531-DB of 1998 10

scalp. It was bleeding.

2. Swelling on left hand. More so on radial aspect X-ray

was advised for fracture of underlying bone.

3. Swelling on left elbow joint, more so on lateral aspect.

X-ray was advised for evidence of fracture of underlying

bone.

4. Abrasion 2 cm x 0.5 cm on left deltoid region.

All the injuries were result of blunt weapon. Injury No.1

was declared grievous in nature, whereas, remaining injuries were

declared simple in nature.

On the same day at 12.45 p.m. he examined Jagga Singh

and found following injuries on his person:-

1. Lacerated wound 3 cm x 1 cm x 1 cm on left leg.

Lower 1/3rd outer aspect.

2. Lacerated wound 6 cm x 3 cm x 3 cm on left part of

scalp, just above left ear. X-ray was advised for

evidence of fracture of underlying bone. The bone was

bleeding.

3. Lacerated wound 2 cm x 0.5 cm x 0.5 cm.

All the injuries were declared simple in nature and were

result of blunt weapon.

After reaching A.P.Jain Hospital, Rajpura, Assistant Sub

Inspector Darshan Singh took in possession M.L.Rs of Gurdev

Singh, Mohinder Singh, Jaswant Singh, Subheg Singh, Jagga Singh,

Gurnam Singh, Gurmukh Singh and Mohinder Singh son of Sher
Criminal Appeal No.531-DB of 1998 11

Singh. Surjan Singh was referred to Rajindera Hospital, Patiala.

After reaching Rajindera Hospital, he recorded the statement of

Surjan Singh. On 22.7.1992 injured Surjan Singh died in Rajindera

Hospital, Patiala. The inquest report with regard to his dead body

was prepared. Dead body of Surjan Singh was sent for postmortem

examination.

Dr.Deepak Walia (PW-2) conducted the postmortem

examination on the dead body of Surjan Singh on 22.7.1992 at 3.30

p.m. and found following injuries on his person:-

1. A stitched wound 20 cms long with 15 stitches on the

anterior surface of the trunk in the middle extending

from xiphistornum to umbilicus.

2. A stitched wound 6 cm long with four stitched in tact on

left side of abdomen 6 cm left of mid line and 10 cms

left and above of umbilicus.

3. A lacerated wound 3 mm in diameter on left side of

chest 7 cm medical to left nipple at 9-0′ clock position.

Clotted blood was present.

4. A lacerated wound 3 mm in diameter on left side of

chest 6 cm below left nipple of 6-0′ clock position.

5. A lacerated wound 3 mm in diameter on right side of

chest 2 cm from right nipple at 2-0′ clock position.

Clotted blood was present.

6. A lacerated wound 3 cm in diameter on right side of

abdomen at right coastal margin 11 cm below right
Criminal Appeal No.531-DB of 1998 12

nipple at 5-0′ clock position.

7. A lacerated wound 4 mm on front surface of upper

1/3rd of left upper arm. Clotted blood was present.

8. A lacerated wound 3 mm in diameter on anterior

surface of left fore-arm in its upper 1/3rd. Clotted blood

was present.

9. A lacerated wound 3 mm in diameter 5 cm below injury

No.10.

10. A stitched wound 4 cm long within 3 stitched on the

back of left thumb.

11. A lacerated wound 4 cm long on back of left little

finger within 3 stitched present underlying bone

fractured.

12. A lacerated wound 3 mm in diameter on ant-surface

of left thigh in its upper third.

13. A lacerated wound 3 mm in diameter on ant-surface

of right thigh.

14. An incised wound 4 cm x 2 cm on the anterior surface

of right leg in its upper 1/3rd bone deep.

15. An incised wound 3 cm x 2 cm on ant-surface of right

leg 12 cm below injury No.14, underlying bones tibia

fractured.

16. An incised wound 4 cm x 2 cm on the anterior surface

of right leg lower one third.

17. An incised wound 2 cm x 1 cm on upper 1/3rd of left
Criminal Appeal No.531-DB of 1998 13

leg bone deep.

18. An incised wound 3 cm x 1 cm on middle 1/3rd of left

leg on its ant-surface bone deep.

19. An incised wound 1-1/2 cm x 1 cm on ant-surface of

left leg 6 cm below injury No.18.

20. An incised wound 3 cm x 1 cm on right supra scapular

region muscle deep.

21. A stitched wound 3 cm long with 3 stitches on the

back of right middle finger of right hand.

All the injuries were ante mortem in nature and cause of

death was a result of multiple injuries suffered by the deceased

which were sufficient to cause death in the ordinary course of nature.

The accused were arrested and after completion of

investigation all the accused were sent up for trial.

Charge against the accused was framed under Sections

148, 302, 325, 323/149, 427,435 IPC. Charge was also framed

under Section 27 of the Indian Arms Act, 1959 (hereinafter referred

to as ‘the Act’) against accused Hardev Singh. Charge was also

framed under Section 382 IPC against accused Jaswinder Singh

and Karamjit Singh. Accused did not plead guilty to the charge and

claimed trial.

At the trial, in order to prove its case, prosecution

examined 17 witnesses. After the close of prosecution evidence

accused Hardev Singh, when examined under Section 313 Cr.P.C.,

prayed as under:-

Criminal Appeal No.531-DB of 1998 14

“I am innocent. I and my son Sh.Sukhjit Singh had no

concern with the land in dispute in July, 1992. My brother

Sh.Gurdev Singh and his sons Sh.Harminder Singh @

Mohinder Singh and Sh.Kuldip Singh along with my

brother Sh.Kesar Singh and his sons Sh.Jaswinder

Singh, Karamjit Singh and Sh.Jagjit Singh were in

possession of the land in dispute and they were in its

physical cultivating possession since long. Civil litigation

regarding land in dispute was going on between

Smt.Jangir Kaur w/o Sh.Mehma Singh and Smt.Kartar

Kaur w/o Sh.Ishar Singh since long. The complainant

party suspected that I was helping my brothers

Sh.Gurdev Singh and Kesar Singh and their sons in the

said litigation. I and my son Sh.Sukhjit Singh have been

falsely implicated in the case on that account.

I was working as Gunman in Allahabad Bank

at village Loh Simbli. My lincenced Gun was taken away

by the police from the said Bank and the same has been

falsely planted in the case. I was arrested by the police

on 22.7.1992, but my arrested was shown later on

according to the suitability of the police. I and my son

Sh.Sukhjit Singh are innocent and have been falsely

implicated in the case.”

The other accused also took up the similar pleas when

examined under Section 313 Cr.P.C.

Criminal Appeal No.531-DB of 1998 15

In their defence accused examined Rajinder Kumar (DW-

1) and Navdeep Gupta (DW-2).

Learned trial Judge believed the prosecution version so

far as accused Hardev Singh @ Haiba, Gurdev Singh and Kuldip

Singh are concerned and convicted and sentenced them under

Sections 302/325/34 IPC. Accused Hardev Singh @ Haiba was also

convicted under Section 27 of the Act. The remaining accused were

acquitted of the charge framed against them. Hence, the present

appeal.

In appeal, learned counsel for the appellants has argued

that the trial Court had erred in convicting and sentencing the

accused vide the impugned judgment and order. Accused were in

possession of the property in question. In fact, it was the

complainant party, who had come to the spot and had fired two

shots. Balwant Singh from the accused party had suffered injuries.

The complainant party had suffered injuries in the exercise of self

defence by the accused.

Learned State counsel, on the other hand, has argued

that six persons had suffered injuries from the complainant side and

one person had died. It was evident from Exhibit PW9/A that

possession of the land had been handed over to Surjan Singh in the

presence of the SHO Police Station Ghanaur, Patwari Halqa

Lohsimbli, Chowkidar Harpalpur by the Field Kanoongo Ghanaur.

Complainant party was cultivating the land in question on the alleged

day of occurrence, when the accused came to the spot armed with
Criminal Appeal No.531-DB of 1998 16

deadly weapons and attacked the complainant party.

Present case rests on an eye witness account.

Case of the complainant party is that while they were

sowing seeds of charri, accused party armed with respective

weapons came to the spot and opened their attack. Hardev Singh

fired two shots, whereas, other accused armed with their respective

weapons inflicted injuries on the person of the complainant party.

Case of the accused party on the other hand is that, in fact, they

were in possession of the suit property and had been attacked by the

complainant party.

Exhibit PW9/A is the material document as per which

possession of the land in question was handed over to the

complainant party in the presence of police on 13.3.1992. A perusal

of the same reveals that price of the standing crop was assessed

and it was ordered by the Field Kanoongo Ghanaur that Rs. 27,000/-

will be paid as compensation to Harminder Singh and others. In case

the compensation was not deposited then Harminder Singh and

others would be entitled to their share in the crop. However,

possession at the spot was delivered to Jagir Kaur and Kartar Kaur

through Surjan Singh. Munadi was effected through chowkidar of the

village with regard to possession and the possession was delivered

peacefully. From this it is evident that complainant party was in

possession of the property in question on the alleged day of

occurrence. The fact that compensation amount was not paid by the

complainant party regarding the standing crop does not lead to the
Criminal Appeal No.531-DB of 1998 17

inference that the possession of the land remained with the accused

party as the same had been handed over to Jagir Kaur and Kartar

Kaur on 13.3.1992, whereas, the occurrence in this case had taken

place on 21.7.1992. Exhibit DGG is a copy of an application in

execution proceedings initiated on 7.11.1991 wherein it was prayed

that the amount of mesne profits as mentioned in the application be

recovered from the judgment debtors by attachment and sale of their

properties. It was also prayed that delivery of actual physical

possession of the land along with crop standing on it may be got

delivered to the decree holders. The said application is only signed

by the counsel for Jagir Kaur and others and is not signed by the

decree holders. Apparently, the said application was filed before the

standing crop had been harvested. This application might have been

filed by the counsel under misapprehension that the possession of

the land had not been given to the decree holders vide order dated

13.3.1992, whereas, in fact, possession had been given to the

decree holders vide order Exhibit PW9/A dated 13.3.1992 and only

compensation qua the standing crops had been assessed in favour

of Harminder Singh and others. The pendency of the execution

proceedings on the day of occurrence would also not lead to the

inference that the actual possession on the day of occurrence with

regard to the property in question was not with the complainant party.

Hence, we are not impressed with the argument raised by learned

counsel for the appellants that the accused were in possession of the

property in question.

Criminal Appeal No.531-DB of 1998 18

Appellants had come to the spot armed with deadly

weapons on the day of occurrence and had inflicted injuries on the

person of complainant party. Appellant Hardev Singh was armed

with 12 bore gun, whereas, appellant Gurdev Singh was armed with

a gandasi and appellant Kuldip Singh was armed with a dang. Seven

persons suffered injuries from the complainant side and out of them

Surjan Singh succumbed to his injuries on 22.7.1992.

Appellant Gurdev Singh had allegedly inflicted injuries

with the gandasi on the person of Gurnam Singh. The trial Court

had erred in holding that Gurdev Singh had inflicted injuries on the

person of deceased Surjan Singh, whereas, as per the ocular

evidence Gurdev Singh had only inflicted injuries on the person of

Gurnam Singh. Injured Gurnam Singh was given up at the trial by the

learned public prosecutor as having been won over by the accused.

As such an adverse inference is liable to be drawn against the

prosecution. As per the medical opinion injuries on the person of

Gurnam Singh were declared simple in nature. In these

circumstances, the presence of appellant Gurdev Singh at the spot is

doubtful and he is liable to be acquitted of the charge framed against

him.

As per the ocular version appellant Hardev Singh had

fired two shots from his gun which had hit Surjan Singh on his chest,

abdomen and other parts of his body. Appellant Kuldip Singh gave

dang blows on the person of Mohinder Singh (PW-6). So far as both

these appellants are concerned, prosecution had been successful in

proving its case against them. The prosecution version against them
Criminal Appeal No.531-DB of 1998 19

is supported by the ocular evidence which is duly corroborated by the

medical evidence. Mohinder Singh (PW-6) has duly proved the

injuries inflicted on his person by appellant Kuldip Singh. As per the

medical evidence the injuries on the person of Mohinder Singh (PW-

6) were a result of blunt weapon and two out of seven injuries

suffered by him were declared grievous in nature. Both the

appellants had come to the spot armed with their respective weapons

and had used them at the time of occurrence. This leads to the

inference that they had come to the spot sharing a common intention

to commit the alleged crime. The statements of the eye witnesses

with regard to the involvement of appellants Hardev Singh and Kuldip

Singh inspire confidence. Presence of eye witness Mohinder Singh

cannot be doubted at the spot as he had suffered injuries in the

occurrence. In a case of an eye witness account motive more or

less loses its significance. There is no un-explained delay in lodging

the FIR. The occurrence had taken place at about 7/7.30 a.m. on

21.7.1992. It was natural for the eye witnesses to get the injured

treated first and, thereafter, lodge the FIR. The statement of the

complainant was recorded at 9.50 a.m. on 21.7.1992. Thus, there is

no unexplained delay in lodging of the FIR.

We have gone through the entire evidence on record and

are of the opinion that appellants Hardev Singh and Kuldip Singh

were rightly convicted and sentenced by the trial Judge vide

impugned judgment and order, whereas, appellant Gurdev Singh is

liable to be acquitted by giving him benefit of doubt.
Criminal Appeal No.531-DB of 1998 20

Accordingly, this appeal is partly allowed qua appellant

Gurdev Singh and he is acquitted of the charge framed against him.

So far as appeal qua appellants Hardev Singh and Kuldip Singh is

concerned, the same is dismissed and their conviction and sentence

as ordered by the trial Judge vide impugned judgment and order are

upheld.

(SABINA)
JUDGE

(JASBIR SINGH)
JUDGE

November 14, 2008
anita