{"id":183455,"date":"2008-09-19T00:00:00","date_gmt":"2008-09-18T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/balbir-kaur-wife-of-paramjit-singh-vs-state-of-punjab-on-19-september-2008"},"modified":"2017-01-17T04:35:43","modified_gmt":"2017-01-16T23:05:43","slug":"balbir-kaur-wife-of-paramjit-singh-vs-state-of-punjab-on-19-september-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/balbir-kaur-wife-of-paramjit-singh-vs-state-of-punjab-on-19-september-2008","title":{"rendered":"Balbir Kaur Wife Of Paramjit Singh &#8230; vs State Of Punjab on 19 September, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Balbir Kaur Wife Of Paramjit Singh &#8230; vs State Of Punjab on 19 September, 2008<\/div>\n<pre>Criminal Appeal No. 826-SB of 2000                                         1\n\nIN THE HIGH COURT OF PUNJAB &amp; HARYANA,                    CHANDIGARH\n\n                                 Crl. Appeal No.826-SB of 2000\n                                 Date of decision: September 19 , 2008\n\nBalbir Kaur wife of Paramjit Singh son of Harchand Singh, resident of\nvillage Harraipur,District Bathinda.\n\n\n                                            ....... Appellant\/accused\n\n                                 Versus\nState of Punjab\n                                                  ........ Respondent\n\n\nCORAM: HON'BLE MR. JUSTICE SHAM SUNDER\n\n\n\nPresent:           Mr. T.S.Sangha,Senior Advocate with Mr.\n                   H.S.Sangha,Advocate for the appellant.\n                   Mr. S.S.Bhullar,DAG, Punjab for the respondent.\n\n\n\nSham Sunder, J.\n<\/pre>\n<p>                   This appeal is directed against the judgment of<\/p>\n<p>conviction, and the order of sentence dated 21.8.2000, rendered by the<\/p>\n<p>Court of Addl. Sessions Judge, Bathinda, vide which it convicted the<\/p>\n<p>accused\/appellant, for the offence, punishable under Section 18 of the<\/p>\n<p>Narcotic Drugs &amp; Psychotropic Substances Act, 1985 (hereinafter called as<\/p>\n<p>&#8216;the Act&#8217; only) and sentenced him, to undergo rigorous imprisonment for a<\/p>\n<p>period of ten years, and to pay a fine of Rs.1 lac, and in default of payment<\/p>\n<p>of the same, to undergo rigorous imprisonment for another period of one<\/p>\n<p>year, for having been found in possession 2 kgs. 100 grams of opium,<\/p>\n<p>without any permit or licence.\n<\/p>\n<p>2.           The facts, in brief, are that on 15.5.1995, ASI Chhota Ram,<\/p>\n<p>accompanied by other police officials, left the Police Station, by a Govt.<\/p>\n<p>Jeep for   patrol duty, in the area of villages Sukhladhi, Tarkhan Wala,<\/p>\n<p>Bagha etc. and when the Police party reached near village Bagha Balkar<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                          2<\/span><\/p>\n<p>Singh, a public witness, came across it and he was also joined. When the<\/p>\n<p>police party reached Tarkhan Wala-Sukhladhi road crossing in the area of<\/p>\n<p>said village Bagha, accused Balbir Kaur was seen coming from the side of<\/p>\n<p>village Tarkhan Wala while carrying a bag. However, on seeing the Police<\/p>\n<p>party, she, at once, tried to give a slip by a hasty retreat. On suspicion she<\/p>\n<p>was apprehended. ASI Chhota Ram suspected that some contraband was<\/p>\n<p>being carried by her, in the bag, held by her. Accordingly the search of the<\/p>\n<p>bag   was conducted, in accordance with the provisions of         law, in the<\/p>\n<p>presence of Jatinder Singh Aulakh,S.P.(H) and Satish Kumar Asthana,<\/p>\n<p>IPS, as a result whereof 2 kgs. and 100 grams opium, was recovered<\/p>\n<p>therefrom. A sample of 10 grams was taken out. The sample, and the<\/p>\n<p>remaining opium in a packet were converted into parcels, duly sealed, and<\/p>\n<p>taken into possession, vide a separate recovery memo. Ruqa was sent to<\/p>\n<p>the Police Station, on the basis whereof, formal FIR was registered. The<\/p>\n<p>accused was arrested. After the completion of investigation, the accused<\/p>\n<p>was challaned.\n<\/p>\n<p>3.    On her appearance, in the Court, the copies of documents, relied<\/p>\n<p>upon by the prosecution, were supplied to the accused. Charge under<\/p>\n<p>Section 18 of the Act, was framed against her, to which she pleaded not<\/p>\n<p>guilty, and claimed trial.\n<\/p>\n<p>4.    The prosecution, in support of its case, examined Surjit Singh, SHO<\/p>\n<p>Police Station Raman, PW1, who produced the case property as well as<\/p>\n<p>the accused before the Judicial Magistrate Ist Class,Talwandi Sabo on the<\/p>\n<p>next day and also sent the sample to the Chemical Examiner,<\/p>\n<p>Patiala,Constable Bikkar Singh,PW2, who tendered his affidavit Ex.,PE<\/p>\n<p>ASI Chhota Ram, PW3, the Investigating Officer of the case,and Jatinder<\/p>\n<p>Sngh Aulakh, at that time Superintendent of Police (Headquarter) PW4, a<\/p>\n<p>witness to the recovery. Thereafter, the Additional Public Prosecutor for<\/p>\n<p>the State, closed the prosecution evidence.\n<\/p>\n<p><span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                           3<\/span><\/p>\n<p>5.    The statement of the accused under Section 313 Cr.P.C., was<\/p>\n<p>recorded, and she was put all the incriminating circumstances, appearing<\/p>\n<p>against her, in the prosecution evidence. She pleaded false implication. It<\/p>\n<p>was stated by her, that on 13.5.1996, she accompanied by Parveen Kaur,<\/p>\n<p>her husband&#8217;s brother&#8217;s daughter was coming from Hanumangarh by bus<\/p>\n<p>and when their bus reached at Sangat road crossing some police officials<\/p>\n<p>stopped the bus. She further stated that thereafter the police started<\/p>\n<p>checking the same. In the process of checking of the bus, a police official<\/p>\n<p>tried to misbehave with her, which led to dispute, between her, and some<\/p>\n<p>police officials   It was further stated by her that     she along with said<\/p>\n<p>Parveen Kaur was taken to Police Station Sangat. On the next day, her<\/p>\n<p>husband also reached there and met the SHO,Police Station Sangat, to get<\/p>\n<p>them released. She further stated that though the police released Parveen<\/p>\n<p>Kaur, yet it involved her, in this false case. She further stated that, in this<\/p>\n<p>respect her husband also filed an application through Counsel before the<\/p>\n<p>Ilaqa Magistrate. She also examined Sukhwant Singh, ASI, DW1,              ASI<\/p>\n<p>Malkeet Singh DW2, Surjit Singh,DW3 and Parveen Kaur, DW4, in her<\/p>\n<p>defence. Thereafter she closed her defence evidence.\n<\/p>\n<p>6.           After hearing the Addl. Public Prosecutor for the State, the<\/p>\n<p>Counsel for the accused, and, on going through the evidence, on record,<\/p>\n<p>the trial Court, convicted and sentenced the accused, as stated<\/p>\n<p>hereinbefore.\n<\/p>\n<p>7.    Feeling aggrieved, against the judgment of conviction, and the order<\/p>\n<p>of sentence, rendered by the trial Court, the instant appeal, was filed by the<\/p>\n<p>appellant.\n<\/p>\n<p>8.    I have heard the learned Counsel for the parties, and have gone<\/p>\n<p>through the evidence and record of the case, carefully.<\/p>\n<p>9.    The Counsel for the appellant, at the very outset, submitted that<\/p>\n<p>Balkar Singh, independent witness, was joined by the Investigating Officer,<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                           4<\/span><\/p>\n<p>at the time of the alleged recovery, yet he was not examined. He further<\/p>\n<p>submitted that non-examination of Balkar Singh clearly revealed that the<\/p>\n<p>prosecution withheld the best evidence, in its possession. He further<\/p>\n<p>submitted that an adverse inference could be drawn that had he been<\/p>\n<p>examined, he would have not supported the case of the prosecution. He<\/p>\n<p>further submitted that the examination of Balkar Singh, independent<\/p>\n<p>witness, in view of the defence, taken up by the accused, that she was<\/p>\n<p>falsely implicated, on account of the reason, that the police officials<\/p>\n<p>misbehaved with her during the process of checking of the bus, was<\/p>\n<p>essential to reveal the truth.       No doubt, the Additional Public Prosecutor<\/p>\n<p>for the State gave up Balkar Singh, independent witness, as won over by<\/p>\n<p>the accused. However, there is nothing, on the record, as to on the basis<\/p>\n<p>of which material or data, the Additional Public Prosecutor, came to the<\/p>\n<p>conclusion, that this witness had been won over by the accused<\/p>\n<p>and,therefore if examined he would damage the case of the prosecution.<\/p>\n<p>It is, no doubt, true that the Additional Public Prosecutor for the State is<\/p>\n<p>the master of the case. It is for him to decide, as to which witness, he<\/p>\n<p>wants to examine and which witness he does not want to examine.<\/p>\n<p>However, he is required to exercise such a discretion,          in a bona fide<\/p>\n<p>manner, and not in an arbitrary and capricious manner. Since, in this<\/p>\n<p>case, the independent witness was given up, as won over by the accused,<\/p>\n<p>without any material or data, or without any application of the police, it<\/p>\n<p>could be said that the discretion was exercised by the Additional Public<\/p>\n<p>Prosecutor, for the State, in an arbitrary and capricious manner. The<\/p>\n<p>evidence of Balkar Singh, independent witness, was very much essential,<\/p>\n<p>to reveal the truth, especially in view of the defence set up by the accused,<\/p>\n<p>who is a lady, regarding misbehaviour with her, by the police officials,<\/p>\n<p>resulting into her false implication. The prosecution, thus, withheld the best<\/p>\n<p>evidence in its possession. In State of Punjab Vs. Nachhattar Singh @<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                             5<\/span><\/p>\n<p>Bania, 2007 (3) RCR (Criminal) 1040, a case decided by a Division Bench<\/p>\n<p>of this Court, an independent witness was joined, but was not examined.<\/p>\n<p>In these circumstances, it was held that the case of the prosecution<\/p>\n<p>became doubtful.      The principle of law, laid down, in the aforesaid<\/p>\n<p>authority, is fully applicable to the facts of the present case.           Non-<\/p>\n<p>examination of Balkar Singh, independent witness by the prosecution,<\/p>\n<p>without any valid reason, made its case highly doubtful. The submission of<\/p>\n<p>the Counsel for the appellant, in this regard, being correct is accepted.<\/p>\n<p>10.          It was next submitted by the Counsel for the appellant, that the<\/p>\n<p>link evidence, in this case, was completely missing. He further submitted<\/p>\n<p>that Surjit Singh, PW1, the then SHO, before whom the case property was<\/p>\n<p>allegedly produced stated that he did not deposit the same, in the judicial<\/p>\n<p>Malkhana, for want of space. He further stated that on 24.5.1995 he sent<\/p>\n<p>the sample parcel to the office of the Chemical Examiner,Patiala, through<\/p>\n<p>Constable    Bikker   Singh.    This   statement   of   Surjit   Singh,   retired<\/p>\n<p>Inspector,PW1 is, however, belied by Ex.D2, copy of the entry, in register<\/p>\n<p>No.19 of the Police Station. It is evident from this document, that the case<\/p>\n<p>property and the sample parcel were deposited with the MHC in the<\/p>\n<p>Malkhana. Surjit Singh,PW1, admitted, during the             course of cross-<\/p>\n<p>examination that the key of the Malkhana remained with               the Head<\/p>\n<p>Constable. Since as per entry D2, the case property was deposited in the<\/p>\n<p>Malkhana, and key thereof remained with the Head Constable, it could not<\/p>\n<p>be said that the case property and the sample parcel remained with the<\/p>\n<p>SHO,    until the same (sample) was sent to the office of the Chemical<\/p>\n<p>Examiner. How the sample parcel was taken out of the Malkhana, by him,<\/p>\n<p>is not known. There is no evidence, on the record, as to who handed over<\/p>\n<p>the sample parcel to him for further sending the same to the office of the<\/p>\n<p>Chemical Examiner. Had the case property and the sample parcel<\/p>\n<p>remained with him, and had he not deposited the same, in the Malkhana,<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                           6<\/span><\/p>\n<p>the matter would have been different. Under these circumstances, the link<\/p>\n<p>evidence was incomplete, in this case. It is incumbent upon the prosecution<\/p>\n<p>to prove beyond a reasonable doubt that there was no possibility of<\/p>\n<p>tampering with the sample parcel, at any point of time, until it reached the<\/p>\n<p>office of the Chemical Examiner. If the prosecution fails to do so, then the<\/p>\n<p>link evidence becames incomplete. <a href=\"\/doc\/1854168\/\">In State of Rajasthan V. Daulat Ram<\/a><\/p>\n<p>1980 SCC (Crl.) 683, the prosecution failed to prove beyond a reasonable<\/p>\n<p>doubt, all the links starting from seizure. It was held that the possibility of<\/p>\n<p>sample parcel being changed or tampered with, during the period it<\/p>\n<p>changed several hands till its reaching the Public Analyst, could not be<\/p>\n<p>ruled out. The prosecution thus, miserably failed to prove the completion of<\/p>\n<p>link evidence in the instant case.\n<\/p>\n<p>11.          The next limb of argument of the Counsel for the appellant,<\/p>\n<p>regarding the non-completion of link evidence was to the effect, that though<\/p>\n<p>the alleged recovery was effected, on 15.5.1995, yet the sample parcel<\/p>\n<p>was sent to the Chemical Examiner on 24.5.1995. He further submitted<\/p>\n<p>that delay of 9 days in sending the sample was not explained, and, as<\/p>\n<p>such, the possibility of tampering with the same, could not be ruled out.<\/p>\n<p>The submission of the Counsel for he appellant, in this regard , appears to<\/p>\n<p>be correct. It is, no doubt, true that mere delay in sending the sample<\/p>\n<p>parcel to the office of the Chemical Examiner, in itself, is not sufficient to<\/p>\n<p>come to the conclusion that the sample parcel was tampered with, at any<\/p>\n<p>point of time. In such a situation, the Court is required to fall back, on the<\/p>\n<p>other evidence, produced by the prosecution. If after perusal of the other<\/p>\n<p>evidence, the Court comes to the          conclusion,   that there was      no<\/p>\n<p>possibility of tampering with the sample parcel, until it reached the office of<\/p>\n<p>the Chemical Examiner, then the same can be believed. In the instant<\/p>\n<p>case, as stated above, the prosecution        miserably failed to prove the<\/p>\n<p>completion of link evidence. The other evidence produced by the<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                          7<\/span><\/p>\n<p>prosecution, therefore, could be said to be not      only deficient but also<\/p>\n<p>unreliable. In this background, the Court is to see, as to whether, the<\/p>\n<p>possibility of tampering with the sample parcel until it reached the office of<\/p>\n<p>the Chemical Examiner could be        ruled out, or not. In Gian Singh Vs.<\/p>\n<p>State of Punjab 2006(2) RCR (Criminal) 611, there was a delay of 14<\/p>\n<p>days, in sending the sample to the office of the Chemical Examiner. Under<\/p>\n<p>these circumstances, it was held that the possibility of tampering with the<\/p>\n<p>sample, could not be ruled out, and the link evidence was incomplete.<\/p>\n<p>Ultimately, the appellant was acquitted, in that case.          In State of<\/p>\n<p>Rajasthan Vs. Gurmail Singh 2005(2) RCR (Criminal) 58, (Supreme<\/p>\n<p>Court), the contraband remained in the Malkhana for 15 days.             The<\/p>\n<p>Malkhana register was not produced, to prove that it was so kept in the<\/p>\n<p>Malkhana, till the sample was handed over to the Constable. In these<\/p>\n<p>circumstances, in the aforesaid case, the appellant was acquitted.          In<\/p>\n<p>Ramji Singh Vs. State of Haryana 2007 (3) RCR (Criminal) 452, the<\/p>\n<p>sample was sent to the office of the Chemical Examiner after 72 hours, the<\/p>\n<p>seal remained with the police official, and had not been handed over to any<\/p>\n<p>independent witness. Under these circumstances, it was held that this<\/p>\n<p>circumstance would prove fatal to the case of the prosecution. No doubt,<\/p>\n<p>the prosecution could lead other independent evidence, to prove that none<\/p>\n<p>tampered with the sample, till it reached the office of the Chemical<\/p>\n<p>Examiner. The other evidence produced by the prosecution, in this case,<\/p>\n<p>to prove the link evidence, as held above, is not only deficient, but also<\/p>\n<p>unreliable. In these circumstances, the principle of law, laid down, in the<\/p>\n<p>aforesaid authorities, is fully applicable to the facts of the present case.<\/p>\n<p>The delay of 9 days, in sending the sample to the office of the Chemical<\/p>\n<p>Examiner, and non-strict proof, by the prosecution, that the same was not<\/p>\n<p>tampered with, till it was deposited in that office, must prove fatal to the<\/p>\n<p>case of the prosecution, as the possibility of tampering with the same,<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                         8<\/span><\/p>\n<p>could not be ruled out. The submission of the Counsel for the appellant, in<\/p>\n<p>this regard, being correct, is accepted.\n<\/p>\n<p>12.          The next limb of argument of the Counsel for the appellant,<\/p>\n<p>regarding the non-completion of link evidence, was to the effect, that no<\/p>\n<p>specimen impression of the seal, was deposited, in the Malkhana, and, as<\/p>\n<p>such, the question of handing over the same to Bikker Singh, Constable,<\/p>\n<p>did not arise. The submission of the Counsel for the appellant, in this<\/p>\n<p>regard appears to be correct. Ex.D2, copy of the entry of Malkhana register<\/p>\n<p>does not show that the sample impression of the seal, was deposited<\/p>\n<p>therein. Since the documentary evidence belies the deposit of the sample<\/p>\n<p>impression of the seal, where from it was handed over to Constable Bikker<\/p>\n<p>Singh, for deposit thereof, in the office of the Chemical Examiner, along<\/p>\n<p>with the sample parcel is not known. It,therefore, can be said that the<\/p>\n<p>sample impression of the seal was never deposited with the Chemical<\/p>\n<p>Examiner. In these circumstances, the Chemical Examiner was deprived<\/p>\n<p>of ascertaining as to whether the seals affixed on the sample parcel, at the<\/p>\n<p>time of alleged recovery, tallied with the specimen impression of the seals.<\/p>\n<p>The other evidence produced by the prosecution to prove its link evidence<\/p>\n<p>has already been held to be deficient and unreliable. In State of<\/p>\n<p>Rajasthan&#8217;s case (supra), the sample impression of the seal was not sent<\/p>\n<p>to the Laboratory for the comparison of the seals, on the sample. It was<\/p>\n<p>held that, therefore, there was no evidence to prove satisfactorily that the<\/p>\n<p>seals found were, in fact the same, as were affixed on the sample parcel<\/p>\n<p>immediately after seizure of the contraband. The principle of law laid down<\/p>\n<p>in State of Rajasthan&#8217;s case (supra) if fully applicable to the facts of the<\/p>\n<p>instant case. On account of this reason, the case of the prosecution also<\/p>\n<p>became doubtful.\n<\/p>\n<p>13.          It was next submitted by the Counsel for the appellant, that the<\/p>\n<p>defence version set up by the accused, was more probable, than the<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                          9<\/span><\/p>\n<p>prosecution version, but the trial Court failed to take into consideration the<\/p>\n<p>same, as a result whereof it fell into a grave error, in recording conviction,<\/p>\n<p>and awarding sentence to the accused. The submission of the Counsel for<\/p>\n<p>the appellant, appears to be correct. A specific stand was taken up by the<\/p>\n<p>accused in her statement under Section 313 Cr.P.C. that, in the bus, in<\/p>\n<p>which she along with Parveen Kaur, her husbnd&#8217;s brother&#8217;s daughter was<\/p>\n<p>travelling on 13.5.1996, during the process of checking thereof, by the<\/p>\n<p>police officials of Police Station Sangat, they misbehaved with her, as a<\/p>\n<p>result whereof, a dispute arose. She further stated that she along with<\/p>\n<p>Parveen Kaur was taken to the Police Station and when her husband came<\/p>\n<p>to know of all this, he went to the Police Station, for the purpose of their<\/p>\n<p>release. She was not released but Parveen Kaur was released and,<\/p>\n<p>ultimately, on 15.5.1995, this false case was registered against her. This<\/p>\n<p>version of the accused was duly supported by Parveen Kaur,DW4, in all<\/p>\n<p>material particulars and Surjit Singh, DW3, at the relevant time a Clerk with<\/p>\n<p>Shri K.S.Bhullar,Advocate,District Court, Bathinda. Normally, a lady, in the<\/p>\n<p>Indian society would not come up with such an allegation. However, when<\/p>\n<p>she is compelled by the circumstances, then she can muster courage to<\/p>\n<p>bring to the notice of the entire world, that a particular person misbehaved<\/p>\n<p>with her. Had the police officials not misbehaved with the accused, she<\/p>\n<p>would have been the last lady to make such an allegation against them.<\/p>\n<p>The witness, in whose presence, the police officials misbehaved with the<\/p>\n<p>accused, supported her version, while appearing as DW4. Not only this,<\/p>\n<p>even an application was given by Mr. K.S.Bhullar,Advocate on 15.5.1995<\/p>\n<p>at 11.45 am against the police of Police Station Sangat.Ex.D4 is the copy<\/p>\n<p>of that application. In this application it was stated that when Balbir Kaur<\/p>\n<p>and Parveen Kaur were travelling in a bus on 13.5.1996, the police of<\/p>\n<p>Police Station Sangat conducted search thereof. It was further stated that<\/p>\n<p>during the course of search it used filthy language against Balbir Kaur and<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                        10<\/span><\/p>\n<p>Parveen and on their intervention, the police      felt annoyed with them.<\/p>\n<p>Thereafter they took them into custody forcibly. The instant       case was<\/p>\n<p>registered against the accused at about 3.15 pm on 15.5.1995. Ruqa was<\/p>\n<p>sent at 2.30 pm. It means that the alleged recovery was shown against the<\/p>\n<p>accused, after moving of application dated 15.5.1995 at 11.45 am by Mr.<\/p>\n<p>K.S.Bhullar, Advocate, detailing therein the misbehaviour of the police<\/p>\n<p>officials of Police Station Sangat with her (accused). Mr. K.S.Bhullar could<\/p>\n<p>not make such an application, before the registration of the case, had<\/p>\n<p>actual incident, as detailed therein, not taken place. The defence version<\/p>\n<p>duly corroborated by the defence evidence, produced by the accused, was<\/p>\n<p>more probable, than the prosecution story. The accused is not required to<\/p>\n<p>prove the same beyond a reasonable doubt. She was only required            to<\/p>\n<p>probalise her defence. As stated above, defence evidence in this case was<\/p>\n<p>more probable than the prosecution version. The trial Court was required to<\/p>\n<p>act upon the same. It had failed to do so wrongly. Once the defence<\/p>\n<p>version is   held to be more probable than the prosecution version, the<\/p>\n<p>accused is entitled to acquittal. The submission of the Counsel for the<\/p>\n<p>appellant, in this regard, appears to be correct and stands accepted.<\/p>\n<p>14.          In view of the above discussion, it is held that the judgment of<\/p>\n<p>conviction and the order of sentence, rendered by the Court below, are not<\/p>\n<p>based on the correct appreciation of evidence, and law, on the point. The<\/p>\n<p>trial Court did not take into consideration, the infirmities and lacunae,<\/p>\n<p>enumerated, in the aforesaid paragraphs.         Had these infirmities and<\/p>\n<p>lacunae, been taken into consideration, by the trial Court, the result would<\/p>\n<p>have been different.      The judgment of conviction, and the order of<\/p>\n<p>sentence, warrant interference, and are liable to be set aside.<\/p>\n<p>15.   For the reasons recorded, hereinbefore, the appeal is accepted. The<\/p>\n<p>judgment of conviction and the order of sentence dated 21.8.2000, are set<\/p>\n<p>aside. The appellant shall stand acquitted of the charge framed against<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No. 826-SB of 2000                                           11<\/span><\/p>\n<p>her. If, she is on bail, she shall stand discharged of her bail bonds. If, she<\/p>\n<p>is in custody, she shall be set at liberty at once, if not required in any other<\/p>\n<p>case.\n<\/p>\n<\/p>\n<pre>September 19, 2008                           (SHAM SUNDER)\nsks                                         JUDGE\n <\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Balbir Kaur Wife Of Paramjit Singh &#8230; vs State Of Punjab on 19 September, 2008 Criminal Appeal No. 826-SB of 2000 1 IN THE HIGH COURT OF PUNJAB &amp; HARYANA, CHANDIGARH Crl. Appeal No.826-SB of 2000 Date of decision: September 19 , 2008 Balbir Kaur wife of Paramjit Singh son of Harchand [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-183455","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Balbir Kaur Wife Of Paramjit Singh ... vs State Of Punjab on 19 September, 2008 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/balbir-kaur-wife-of-paramjit-singh-vs-state-of-punjab-on-19-september-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Balbir Kaur Wife Of Paramjit Singh ... vs State Of Punjab on 19 September, 2008 - Free Judgements of Supreme Court &amp; 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