{"id":200453,"date":"2008-09-15T00:00:00","date_gmt":"2008-09-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/karnail-singh-and-another-vs-state-of-punjab-on-15-september-2008"},"modified":"2018-02-13T20:12:26","modified_gmt":"2018-02-13T14:42:26","slug":"karnail-singh-and-another-vs-state-of-punjab-on-15-september-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/karnail-singh-and-another-vs-state-of-punjab-on-15-september-2008","title":{"rendered":"Karnail Singh And Another vs State Of Punjab on 15 September, 2008"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Karnail Singh And Another vs State Of Punjab on 15 September, 2008<\/div>\n<pre>Criminal Appeal No.319-DB of 1998                                              1\n\nIN THE HIGH COURT OF PUNJAB &amp; HARYANA, CHANDIGARH\n\n\n                                Criminal Appeal No.319-DB of 1998\n                                 Date of Decision: September 15, 2008\n\n\n\nKarnail Singh and another                              ...........Appellants\n\n\n                          Versus\n\n\nState of Punjab                                        ..........Respondent\n\n\n\nCoram:        Hon'ble Mr.Justice Jasbir Singh\n              Hon'ble Mrs. Justice Sabina\n\n\nPresent:     Mrs. Baljit Kaur Mann, Advocate for the appellants.\n             Mr.Rajesh Bhardwaj, Deputy Advocate General,Punjab\n\n                          * * *\n\nSabina, J.\n<\/pre>\n<p>      Karnail Singh and Dev Singh have challenged their conviction and<\/p>\n<p>sentence under Section 302 read with Section 34 and 120-B of the Indian<\/p>\n<p>Penal Code vide impugned judgment dated 4.7.1998 passed by the<\/p>\n<p>Additional Sessions Judge, Rupnagar.\n<\/p>\n<p>      Prosecution story, in brief, is that complainant-Bhagat Singh was<\/p>\n<p>resident of village Ramgarh (Daun).      On 24.5.1991, complainant was<\/p>\n<p>sleeping in his house. Gurmukh Singh was sleeping near his cattle in front<\/p>\n<p>of the Gurudwara. At about 11.00 P.M., three sikh youth, aged about 25-26<\/p>\n<p>years and of medium height, supporting turbans with loose beards armed<\/p>\n<p>with rifles woke up Gurmukh Singh and enquired from him about the<\/p>\n<p>location of the house of Gurmit Singh alias Vidhi. Gurmukh Singh went to<\/p>\n<p>the house of Gurmit Singh and woke him up.      These three sikh youth went<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                         2<\/span><\/p>\n<p>towards the house of Baljit Singh Sodhi along with Gurmit Singh, whereas,<\/p>\n<p>Gurmukh Singh remained standing near Gurudwara. After some time, they<\/p>\n<p>heard noise of gun shots. Gurmukh Singh went to the house of Baljit Singh<\/p>\n<p>and saw that his brother Baljit Singh and Gurmit Singh brother of<\/p>\n<p>complainant were lying dead in a pool of blood due to gun shot injuries.<\/p>\n<p>Complainant along with Gurmukh Singh went to the house of Baljit Singh<\/p>\n<p>and saw the dead bodies lying there. Complainant suspected that Dev Singh<\/p>\n<p>and Karnail Singh had got murdered Gurmit Singh and Baljit Singh because<\/p>\n<p>Baljit Singh had purchased 4\u00bd kilas of land from Balwinder Kaur falling in<\/p>\n<p>area of Daun and Teera. About three years prior to the occurrence, Pal<\/p>\n<p>Singh, cousin of Gurmit Singh alias Vidhi had helped Balwinder Kaur in<\/p>\n<p>performing a `karewa&#8217; ceremony with Raunaq Singh. Balwinder Kaur was<\/p>\n<p>aged about 25\/26 years, whereas, Raunaq Singh was aged about 70 years.<\/p>\n<p>Baljit Singh was being compelled to vacate the land but he did not agree to<\/p>\n<p>do so despite been advised by the complainant to vacate the land. The land<\/p>\n<p>in question was to devolve on the son of Karnail Singh and due to this<\/p>\n<p>reason, Karnail Singh and Dev Singh being related to each other had got<\/p>\n<p>Baljit Singh and Gurmit Singh murdered by hiring some persons. On the<\/p>\n<p>basis of the statement of the complainant, formal FIR No.61 dated<\/p>\n<p>25.5.1991 was registered by the Police of Police Station Kharar at 2.55<\/p>\n<p>A.M.\n<\/p>\n<p>       Inspector Ramesh Chander then went to the spot and prepared inquest<\/p>\n<p>report with regard to the dead bodies of Baljit Singh and Gurmit Singh. He<\/p>\n<p>took in possession blood stained earth and nine empty cartridges and three<\/p>\n<p>live cartridges from the spot. He prepared rough site plan and sent the dead<\/p>\n<p>bodies for post-mortem examination.\n<\/p>\n<p><span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                             3<\/span><\/p>\n<p>      Dr.Bandan Sehgal conducted the post mortem examination on the<\/p>\n<p>dead body of Baljit Singh on 25.5.1991 and found the following injuries on<\/p>\n<p>his person:-\n<\/p>\n<blockquote><p>                    &#8220;1.    Lacerated wound 1.5 x 1 cm on outer angle or<\/p>\n<p>                           right eye margins inverted and contused      (entry<\/p>\n<p>                           wound).\n<\/p><\/blockquote>\n<blockquote><p>                    2.     L.W. 3 x1.5 cm on left pinnaof hair with missing<\/p>\n<p>                           cartlage margin everted with absence of external<\/p>\n<p>                           auditory canal (Exit wound).\n<\/p><\/blockquote>\n<blockquote><p>                    3.     L.W. 1.5 x 1cm on left shoulder on back side<\/p>\n<p>                           9 cm below left acromion point. Margins<\/p>\n<p>                           inverted and contused (entry).<\/p><\/blockquote>\n<pre>\n\n                    4.     L.W. 3x1.5 cm on left acromion. Margin\n\n                           everted. (Exit)\n\n                    5.     L.W.1.5x 1cm on outer side of left scapula 6 cm\n\n                           from angle of      scapula.      Margin inverted\n\n                           anocontused (entry wound).\n\n<\/pre>\n<blockquote><p>                    6.     L.W.5x3cm left shoulder on frontside 3cm below<\/p>\n<p>                           left acromion point margin everted. (Exit)<\/p>\n<\/blockquote>\n<blockquote><p>                    7.     L.W. 1.5x1cm on left upper arm on outer<\/p>\n<p>                           aspect in middle 1\/3rd<\/p>\n<p>                           Margins everted and contused.(entry).\n<\/p><\/blockquote>\n<blockquote><p>                    8.     L.W. 3&#215;2 cm on inner side of left upper arm<\/p>\n<p>                           in middle 1\/3rdmargins everted (exit)<\/p>\n<\/blockquote>\n<blockquote><p>                    9.     L.W. 1.5x1cm on right hypo chondrium.10<\/p>\n<p>                           cm lateral to xiphiserunun just below to<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                               4<\/span><\/p>\n<p>                    margin. Inverted and contused (Entry)<\/p>\n<\/blockquote>\n<blockquote><p>                    10.    L.W. 4&#215;2.5 cm in right plumber region on the<\/p>\n<p>                           back 12 cm from angle of scapula.         Margins<\/p>\n<p>                           everted (exit)<\/p>\n<\/blockquote>\n<blockquote><p>                    11.    Fracture of skull righ temporal\/region just<\/p>\n<p>                           lateral to ofbittal fossa and fracture<\/p>\n<p>                           left\/temporal bone in auricularregion.<\/p>\n<\/blockquote>\n<blockquote><p>                           Underlying meninges torn and inflamed.        Brain<\/p>\n<p>                           cavity full of blood clots with multiple laceration<\/p>\n<p>                           of brain.&#8221;\n<\/p><\/blockquote>\n<p>In his opinion, the cause of death was injury on vital organs i.e. brain and<\/p>\n<p>liver accompanied by massive shock and haemorrhage which was sufficient<\/p>\n<p>to cause death in the ordinary course of nature. On the same day, he also<\/p>\n<p>conducted the post mortem examination on the dead body of Gurmit Singh<\/p>\n<p>and found the following injuries on his person:-\n<\/p>\n<blockquote><p>                    &#8220;1.    L.W. 1.5x1cm on right neck on outer side 5<\/p>\n<p>                           cm outwards and downwards occipital<\/p>\n<p>                           protuberance.      Margin inverted and contused<\/p>\n<p>                           (entry wound).<\/p><\/blockquote>\n<pre>\n\n                    2.     L.W. 5 x 3cm on left sie of neck near base of\n\n                           skull below and      lateral to left pinna. Margins\n\n                           everted (exit).\n\n                    3.     L.W. 1.5x1cm below left shoulder          on front\n\n                           side 8 cm from       acromion   point,   Margins\n\n                           inverted(entry).\n\n                    4.     L.W. 12x6cm below left shoulder on\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                             5<\/span>\n\n                             outerside 6 cm below left      acromion point.\n\n                             Margin everted (exit)\n\n<\/pre>\n<blockquote><p>In his opinion the cause of death was spinal cord injury (complete cut)<\/p>\n<p>resulting from gun shot injury which was sufficient to cause death in the<\/p>\n<p>ordinary course of nature.<\/p><\/blockquote>\n<p>      After completion of investigation and necessary formalities, challan<\/p>\n<p>was presented against accused- Karnail Singh and he was sent up for trial.<\/p>\n<p>      Charge was framed against the accused under Section 302 read with<\/p>\n<p>Section 120-B of the Indian Penal Code on 26.5.1992. During the pendency<\/p>\n<p>of trial, prosecution moved an application under Section 319 of the Code of<\/p>\n<p>Criminal Procedure for summoning Dev Singh to face the trial as an<\/p>\n<p>accused.   Dev Singh had been shown in column No.2 at the time of<\/p>\n<p>presentation of report under Section 173 of the Code of Criminal Procedure.<\/p>\n<p>The said application was allowed and charge was framed against accused<\/p>\n<p>Karnail Singh and Dev Singh under Sections 302, read with Section 34 of<\/p>\n<p>the Indian Penal Code and 120-B of the Indian Penal Code on 27.3.1995.<\/p>\n<p>Accused did not plead guilty to the charge and claimed trial.<\/p>\n<p>      Prosecution in order to prove its case examined as many as 12<\/p>\n<p>witnesses. After the close of prosecution evidence, accused when examined<\/p>\n<p>under Section 313 of the Code of Criminal Procedure prayed that they were<\/p>\n<p>innocent and had been falsely involved in this case. Accused did not<\/p>\n<p>examine any witness in their defence despite opportunity.<\/p>\n<p>      Learned trial Judge believed the prosecution version and convicted<\/p>\n<p>and sentenced the accused as mentioned above. Hence the present appeal.<\/p>\n<p>      In appeal, Mrs. Baljit Mann, learned counsel for the appellants has<\/p>\n<p>argued that there was no material on record to establish any conspiracy<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                           6<\/span><\/p>\n<p>between the appellants and the assailants. The witness examined by the<\/p>\n<p>prosecution in this regard i.e. PW3 Gulzar Singh was not a truthful witness.<\/p>\n<p>He had been making different statements at different instances to suit<\/p>\n<p>himself. The behavior of the said witness was most unnatural which made<\/p>\n<p>his statement untrustworthy. Accused had been involved in this case merely<\/p>\n<p>on the basis of suspicion.\n<\/p>\n<p>      Mr.Rajesh Bhardwaj, learned State counsel, on the other hand, has<\/p>\n<p>submitted that Gulzar Singh PW3 was liable to be believed. He had heard<\/p>\n<p>Karnail Singh conspiring with Daljit Singh Dalli, Balwinder Singh Jattana<\/p>\n<p>and Baldev Singh Hawara (all proclaimed offenders) regarding murder of<\/p>\n<p>Baljit Singh and Gurmit Singh.       The said witness had also seen the<\/p>\n<p>appellants present at the spot while Baljit Singh and Gurmit Singh were<\/p>\n<p>murdered by the other accused who were declared Proclaimed Offenders.<\/p>\n<p>      Appellants in this case faced the trial on account of their conspiracy<\/p>\n<p>with the assailants who had committed murder of Baljit Singh and Gurmit<\/p>\n<p>Singh on 24.5.1991 at about 10.00\/11.00 P.M. Since the appellants faced<\/p>\n<p>the trial on account of conspiracy, the evidence led by the prosecution has to<\/p>\n<p>be examined to the effect as to whether the charge of conspiracy against the<\/p>\n<p>appellants has been established or not with regard to the murder in question.<\/p>\n<p>      The prosecution case mainly rests on the testimony of PW3 Gulzar<\/p>\n<p>Singh, who is the witness regarding conspiracy hatched by the appellants<\/p>\n<p>with other co-accused who were declared Proclaimed Offenders at the trial.<\/p>\n<p>PW3 Gulzar Singh, in his examination-in-chief on 11.4.1997, deposed as<\/p>\n<p>under:-\n<\/p>\n<blockquote><p>          &#8221; On 24.5.1991 I was going at about 6\/6.30 p.m. from village<\/p>\n<p>          Ramgarh to Mundi Kharar on bicycle. When I reached near the<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                          7<\/span><\/p>\n<p>          turn of the road near bus stop of village Daun, I saw three sikh<\/p>\n<p>          young gentlemen, named, Daljit Singh Dalli, Balwinder Jatana<\/p>\n<p>          and Baldev Hawara. Karnail Singh, son of Banta Singh and Dev<\/p>\n<p>          Singh son of Pohlo Singh, now present in the court were also<\/p>\n<p>          present with the aforesaid three persons. I knew the aforesaid<\/p>\n<p>          three persons as they used to come to the Mela of village Daun.<\/p>\n<p>          Karnail Singh said in my hearing that his son had been married to<\/p>\n<p>          the only daughter of Raunaq Singh, and Raunaq Singh was having<\/p>\n<p>          8 acres of land in village Daun and village Teera. He was further<\/p>\n<p>          saying that Gurmit Singh and Baljit Singh wanted to grab that<\/p>\n<p>          land by making Raunaq Singh to enter into kareva with one<\/p>\n<p>          Balwinder Kaur. Karnail Singh was asking the aforesaid three<\/p>\n<p>          young men that they should help him in achieving his end and<\/p>\n<p>          they would also be given due benefit. Karnail Singh was telling<\/p>\n<p>          them that they should liquidate Gurmit Singh and Baljit Singh<\/p>\n<p>          belonging to village Ramgarh, which is located adjacent to<\/p>\n<p>          village Daun. After over hearing the aforesaid conversation I<\/p>\n<p>          came to my house, At about 10\/10.30 p.m. on the aforesaid date,<\/p>\n<p>          myself and my brother Gurmuk Singh were lying near our<\/p>\n<p>          buffaloes, the aforesaid three youngmen accompanied by Karnail<\/p>\n<p>          Singh and Dev Singh accused came near the Gurdwara of village<\/p>\n<p>          Ramgarh and Karnail Singh and Dev Singh pointed towards us.<\/p>\n<p>          They woke up my brother Gurmukh Singh. They were armed<\/p>\n<p>          with small rifles. Gurmukh Singh took them to the house of<\/p>\n<p>          Gurmit Singh. They told Gurmit Singh that they wanted to se<\/p>\n<p>          Baljit Singh. Thereafter, they left to the house of Baljit Singh in<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                          8<\/span><\/p>\n<p>          the company of Karnail Singh and Dev Singh and they directed us<\/p>\n<p>          to stay back. I followed them, when they had gone for some<\/p>\n<p>          distance. My brother Gurmit Singh called out Baljit Singh to<\/p>\n<p>          open the door. Karnail Singh and Dev Singh pointed towards<\/p>\n<p>          Baljit Singh, where after the aforesaid youngmen fired at Gurmit<\/p>\n<p>          Singh and Baljit Singh who died at the spot. Karnail Singh and<\/p>\n<p>          Dev Singh were responsible for the murder of Baljit Singh and<\/p>\n<p>          Gurmit Singh. My statement was recorded by the police.&#8221;<\/p>\n<\/blockquote>\n<p>The said statement of this witness in the Court is at variance with his<\/p>\n<p>statement made before the Police Exhibit .DB which was duly confronted to<\/p>\n<p>the said witness, at the time of cross-examination. The said witness has<\/p>\n<p>made material improvements in his statement when he appeared in the<\/p>\n<p>witness box. In his statement before the police, he did not state that he had<\/p>\n<p>also gone to the spot where the occurrence took place or that Karnail Singh<\/p>\n<p>and Dev Singh were also accompanying the three armed youth. In his<\/p>\n<p>statement before the Police, he had stated that at about 11.00 A.M., on<\/p>\n<p>24.5.1991, he was sleeping along with his brother Gurmukh Singh near<\/p>\n<p>cattle in front of Gurudwara. Three Sikh youth woke up Gurmit Singh and<\/p>\n<p>took him aside. The said three youth were Balwinder Singh Jattana, Baldev<\/p>\n<p>Singh Hawara and Daljit Singh Dalli and out of fear, he remained lying on<\/p>\n<p>the cot and after some time, he heard noise of firing. He got up and saw that<\/p>\n<p>his brother Gurmit Singh and Baljit Singh were lying dead in pool of blood<\/p>\n<p>due to gun shot injuries. The said witness, however, while appearing in the<\/p>\n<p>witness box deposed that at about 10.00\/10.30 P.M. on the day of<\/p>\n<p>occurrence, he was standing with his brother Gurmukh Singh. Three young<\/p>\n<p>men accompanied by Karnail Singh and Dev Singh came near Gurudwara<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                            9<\/span><\/p>\n<p>and woke up Gurmukh Singh and Gurmukh Singh took them to the house<\/p>\n<p>of Gurmit Singh and told him that they wanted to see Baljit Singh.<\/p>\n<p>Thereafter, they left for the house of Baljit Singh in the company of<\/p>\n<p>Karnail Singh and Dev Singh. He was directed to stay back but he followed<\/p>\n<p>them. Gurmit Singh asked Baljit Singh to open the door. Karnail Singh and<\/p>\n<p>Dev Singh pointed towards Baljit Singh. Thereafter, the young men fired at<\/p>\n<p>Gurmit Singh and Baljit Singh, who died at the spot. Thus, this witness<\/p>\n<p>Gulzar Singh has made material improvements while appearing in the<\/p>\n<p>witness box and in the absence of other reliable corroborative evidence, it<\/p>\n<p>would not be safe to base conviction of the accused on the basis of his<\/p>\n<p>statement. Generally, it is difficult area for the prosecution to spell out the<\/p>\n<p>conspiracy between the accused. However, in this case, the prosecution has<\/p>\n<p>brought out direct evidence in the shape of testimony of PW Gulzar Singh<\/p>\n<p>regarding conspiracy between appellants and other three co-accused. But<\/p>\n<p>the testimony of PW Gulzar Singh is not reliable and fails to inspire<\/p>\n<p>confidence. The said witness is not a stranger but is brother of deceased<\/p>\n<p>Gurmit Singh. As per this witness, he heard Karnail Singh talking to Daljit<\/p>\n<p>Singh Dalli Balwinder Singh Jattana and Baldev Singh Hawara on<\/p>\n<p>24.5.1991 at 6\/6.30 P.M. He knew the three persons as they had been<\/p>\n<p>visiting the fair of village Daun. As per this witness, Karnail Singh told the<\/p>\n<p>other three persons that his son was married to only daughter of Raunaq<\/p>\n<p>Singh who owned 8 acres of land. Gurmit Singh and Baljit Singh wanted to<\/p>\n<p>grab the said land of Raunaq Singh by arranging `kareva&#8217; ceremony of<\/p>\n<p>Raunaq Singh with Balwinder Kaur. Karnail Singh asked the said three<\/p>\n<p>persons to help him in achieving his goal and told that they should kill Baljit<\/p>\n<p>Singh and Gurmit Singh.         This witness has deposed in his cross-<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                           10<\/span><\/p>\n<p>examination that militants had told in his presence that they would liquidate<\/p>\n<p>Baljit Singh and Gurmit Singh on the same day. It is very strange that on<\/p>\n<p>coming to know that Karnail Singh was conspiring to murder his brother<\/p>\n<p>Gurmit Singh with his co-accused on the same day yet he did not bother to<\/p>\n<p>inform the police but came home and slept.          From the perusal of the<\/p>\n<p>statement of this witness recorded by the Police, it is evident that he had not<\/p>\n<p>witnessed the occurrence nor he had seen the appellants with assailants but<\/p>\n<p>still while appearing in the witness box he has projected himself as an eye<\/p>\n<p>witness to the occurrence. This witness in his cross-examination deposed<\/p>\n<p>that he had seen appellants Karnail Singh and Dev Singh with the terrorists<\/p>\n<p>near bus stand. Dev Singh accused was standing at the distance of 50 yards<\/p>\n<p>from him when he had heard them talking to each other. It is not believable<\/p>\n<p>that accused would have conspired with each other to commit murder of<\/p>\n<p>brother of this witness within his hearing range.\n<\/p>\n<p>      We have gone through the entire statement of this witness carefully<\/p>\n<p>and are of the opinion that this witness is not a reliable witness as he has<\/p>\n<p>been changing his statement from time to time. Hence, his statement cannot<\/p>\n<p>be relied upon.\n<\/p>\n<p>      So far as PW1 Bhagat Singh is concerned, the said witness has not<\/p>\n<p>seen the occurrence. He has named the appellants ,who have committed<\/p>\n<p>murder of Baljit Singh and Gurmit Singh along with three unknown<\/p>\n<p>persons, out of suspicion. The said witness has also provided motive for<\/p>\n<p>conspiracy hatched by the appellants with other co-accused with regard to<\/p>\n<p>commission of crime. As per this witness, Baljit Singh, his brother had<\/p>\n<p>purchased 4\u00bd killas of land from Balwinder Kaur. Land of Raunaq Singh<\/p>\n<p>was to be inherited by the son of Karnail Singh as Raunaq Singh was not<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                           11<\/span><\/p>\n<p>having any male child and his daughter was married to Baljit Singh son of<\/p>\n<p>Karnail Singh. Pal Singh arranged `kareva&#8217; between Raunaq Singh and<\/p>\n<p>Balwinder Kaur. Balwinder Kaur sold land to Baljit Singh deceased vide<\/p>\n<p>sale deed Exhibit PB. Dev Singh and Karnail Singh got Baljit Singh and<\/p>\n<p>Gurmit Singh murdered as the land was to be inherited by son of Karnail<\/p>\n<p>Singh.   Since the said witness had not witnessed the occurrence, his<\/p>\n<p>statement, on its own, fails to advance the prosecution case. It is only if<\/p>\n<p>there is some other corroborative material on record, his statement can have<\/p>\n<p>some evidentiary value.      Raunaq Singh had resorted his civil remedy<\/p>\n<p>regarding his land by filing a civil suit and as such, there was no occasion to<\/p>\n<p>commit murder of Baljit Singh at the instance of Karnail Singh.<\/p>\n<p>      PW2 Gurmukh Singh is the brother of deceased Gurmit Singh. He<\/p>\n<p>has also deposed that on the day of occurrence he was woken up by three<\/p>\n<p>persons who were accompanying Karnail singh and Dev Singh. He was<\/p>\n<p>taken to the house of Gurmit Singh,who in turn, was taken to the house of<\/p>\n<p>Baljit Singh Sodhi. He followed them.         Although he did not see the<\/p>\n<p>occurrence but his brother had been killed by those three persons at the<\/p>\n<p>instance of Karnail Singh and Dev Singh. The statement of this witness<\/p>\n<p>recorded by the appellant is Exhibit.DA wherein the fact that the three<\/p>\n<p>youths were accompanied by Dev Singh and Karnail Singh is not<\/p>\n<p>mentioned.    The said witness was duly confronted with his statement<\/p>\n<p>Exhibit.DA. Thus, this witness has also made material improvements in his<\/p>\n<p>statement, while appearing in the witness box, to involve the appellants in<\/p>\n<p>this case on the basis of conspiracy. As such, the statement of this witness<\/p>\n<p>also fails to advance the prosecution case.\n<\/p>\n<p>         We have gone through the entire evidence on record carefully and<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.319-DB of 1998                                        12<\/span><\/p>\n<p>are of the opinion that the prosecution has failed to prove its case against<\/p>\n<p>the appellants beyond reasonable doubt with regard to the charge against<\/p>\n<p>them. Thus, the possibility that deceased had not been murdered at the<\/p>\n<p>instance of Karnail Singh and Dev Singh cannot be ruled out.<\/p>\n<p>             Accordingly, this appeal is allowed. Appellants are acquitted<\/p>\n<p>of the charge framed against them.\n<\/p>\n<\/p>\n<pre>                                                 (   Sabina    )\n                                                     Judge\n\n\n                                                 (Jasbir Singh)\n                                                    Judge\nSeptember 15, 2008\narya\n <\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Karnail Singh And Another vs State Of Punjab on 15 September, 2008 Criminal Appeal No.319-DB of 1998 1 IN THE HIGH COURT OF PUNJAB &amp; HARYANA, CHANDIGARH Criminal Appeal No.319-DB of 1998 Date of Decision: September 15, 2008 Karnail Singh and another &#8230;&#8230;&#8230;..Appellants Versus State of Punjab &#8230;&#8230;&#8230;.Respondent Coram: Hon&#8217;ble Mr.Justice Jasbir [&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-200453","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 v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Karnail Singh And Another vs State Of Punjab on 15 September, 2008 - Free Judgements of Supreme Court &amp; 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