353 Co Crl AppealNo 44 DB of2002 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl AppealNo 44 DB of2002 Dateofdecisionl May312011 BantSinghand another Appellants 0 Versus StateofPunjab 0 espondent 0 C5 CORAM HONBLE MR JUSTICE MeMe KUNIAR I HONBLE MRe JUSTICE GURDEV SINGH Z Presentl Mr TS Sangha Senior Advocate with Mr S Lalli Advocate with Ct MrHS Sangha Advocate for the I Mr SuvirSehgalAdditionalAdvocate General Z Punjab Mr Johan Kumar Advocate for QO Mr Vikram SinghAdvocate for the wao Z Qe 1e To be referredto theReporter or not 2 Whetherthe should bereported in theDigestl e 1 14 3 GURDEV SINGH Je The Bant Singhc Banta and Guljantc Janta have preferred this appealagainstthe judgmentdated 7122001 by the SessionsJudgeSangrurvide which he convictedthem for theofYencesunder Section 302134and306 IPC and Sentencedthem as 7 SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document n 354 l Crl AppealNo 44 DB of2002 2 underl 416eeeee T Under Section 7 Name Sentence Fine In default Bant Singh 302134 Life imprisonment 1 1 306IPC Rl for 7 years Rse20001 lU for 61 imon m ILife GurjantSingh 302IPC I e 1 imprisonment GurnamSinghwas also triedalongwith theseaccusedbut was 1 tZ 0 For better of the factsof the case the following 0 table is very much relevant I C5 BhajanSingh I Z NihalSingh Amar deceased wife NandKaur I t0 Z SadhRam Ram Singh ParamjitKaur victiml 6victiml rnarried to GurnamSingh ChandSingh DidarSingh accusedacquitted m 6PW51s10 complainant BholaSingh deceased 7 Z wife Jasbir KaurPW99 BantSingh Gurjant Singh 0m Accused Accused V 3 Nihal Singhwas having land measuring38 killa situated in villageBishanpura Khokhar and Harigarh Gahilan Similarly Gurnam Singhalso had about20 killa of land in those villagesadjoining the land of Nihal SinghThere had been friction between their families on account of partitionof that land However theyhad againjoinedhands with each other about threeyearsbeforethepresentoccurrence Theyhad constructed a samadofBaba Sant Purieinthe land ofNihal Singhsituatedin SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 355 Crl AppealNo 44 DB of2002 3 villageHarigarh Gahilanand415rooms had been constructedat thatplace The membersof both these families had beenlookingafter and offering their services at that Smadh The people of the villageand outsidershad beencomingto that Smadhon thedateolllmoon for paying their obeisanceand for doingthe worship The offerings made by the people at the Dera used to bekeptbyBant SinghParamjit Kaur of 1 C Nihal Singhwas marriedto Didar SinglPH 59 son of JarnailSingh 0 PW1Iabout12113yearsback 516daysbefore2011998 she O I Didar Singhhad come to her inelaws in villageBishanpur t5 Khokhar When theydid not return to their villagethe went to I the said villagewhere Hardev Kaur wife of Nihal Singhmet him and on Z inquiryshe disclosedthat all the membersof the familyhad gone to the C4 Smadhsince thedayof fullmoon Thereafterhe also went to thatplaceand I foundhis son Didar Singhdaughter14aw ParamjitKaur and all thethree L0 Z accused presentthere Bhola SinghMegharSinghson of C0 ChandSinghJasbir Kaur wife of Bhola SinghNand Kaur Nihal Singh SadhRam Ram SinghSurjitKaur wife of Sadh Ram HarjitKaur wife of 7 Z Ram SinghAll ofthem were beingservedwith liquidfrom troughbyBant tl Singh and GurjantSinghon the pretextthattheywere beingadministrated 3e amrit nectar9Bant Singhwas holding a dangin his hand All were the order of Bant Singhand were doingthesame act as was being asked to do bythose accused Bant Singhasked the also to drinkthatliquidbytakingit to benectar but herefused to take thesame At that time thataccused was givingblows with the dangto Sadh Ram and Ram Singhbysayingthat he was incarnationof the God and was giving thoseblows with the dangin orderto put an end to their revbirthand for SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 356 1 Crl AppealNo 44 DB of2002 4 the salvation The was alsomade to sit with them andwhen he tried to resist Bant Singhhe gave 213slapson his faceand toldthat he has also achievedthe salvation Thereafterthat accused got from Sadh Ram and Ram Singhtwo killas ofland ofNihal Singh where thewheat crop and potatoesplants were bysayingthat a was to be constructedat thatplaceas he hasbeenofferedchola of n l Baba Sant Puri Thereafterhe took a pairof scissorsandwith the helpof 0 Singhaccused cut the long hair of SadhRam and Ram Singhand 0 I alsoremovedtheir gatrasnallkirpanworn by amritdharisikh in a cloth 0 All ofthem were threatenedbythe accusedthat in case theydisclosed I thethingshappening in the Dera to any one outsider he would be reduced Z to ashes On 2111998 at about 5 am on the askingof Bant Singh t2 Singhdragged Nand Kaur towardsBhakra canal andthrew her into I the same withthe intention to kill her After seeingthat occurrence Bhola Z Singhalso jumpedinto the canal All the membersof these families receivedinjuriesRam Singhand Sadh Singhwere admittedin Sandhu m Home at Patiala whereas SuljitKaur and Nihal Singhwere V Z admitted in Parkash Mission at Tohana Ram Singhand Sadh Q Singhwerefound in acute stressand injuries were found on the personsof 1 e 9 Nihal Singh On 241 1998 SinghASIPWe 179 other policeofflcials was presentnear thebridge of canalin the area of Mahasingh Wala when the went to him and made statement Ex PA about the above said facts The ASI after making his Ex PAll upon the same sent that to the Police Station and on thebasisthereofformal FIR Ex PA12 was recordedagainstthe accused under Sections307 506 323 427 120eB 2954134IPC by SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 357 Crl AppealNo 44 DB of2002 5 the the ASI went to the placeof occurrence and after thesame roughsiteplanEx PV with correct notes One Ex P was recoveredfrom that placewhich was convertedinto a and was sealedbytheASI with his seal BS One pair of scissorsEx P2 two gatrasEx P3 andP4 and a troughEx P5 were alsorecovered All those articleswere taken into vide memo m C Ex PB Cut hair were also foundat thatplacewhich were convertedinto a 0 and the same was sealedwith the seal AS That sealedparcel was 0 I takeninto vide the same recovery mem0e On 2411998 itself C5 an was givenby Ram Pal and Dhani Ram Lambardarto Gulshan Kumar ASI PW199of Police Station Bhattu Kalan District Z that deadbodyof an old ladyaged7075 Years Wearing SalWaro C waslyingin the canalminor bythe he went to I theplaceso disclosedbyRam Pal and DhaniRam andfoundthe deadbody Z ofan oldlady which could not be identi6ed The took the QO Exs Pl8 to P25 of that body The ASI the inquest Ex PC and sent the same for postnortemexaminationThe autopsy 7 Z was conductedbyDr Malh GeneralHospital PW04 tl andfound that the cause of deathwas asphyxi as a resultof drowning 1 V 9 3 whichwas antnortem in nature and sufficient to cause death in the course of nature The salwar and the deadbodywere handedover to the On 2811998 SinghASI arrestedBant Singh GurjantSingh and Gurnam Singh Statementsof the witnesses wererecordedunder Section 161 ofCrPC Theystatedthat liquidfrom the troughwasserved byGurjantSinghto them one by one and at that time Gurnam Singhaccusedhad been holdingthe arms from the back side of 1 SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 358 Crl Appeal No 44 DB of2002 6 eachperson and Bant Singh was giving blows with the helpof dangby saying thattheyhave achievedthe salvationand will not take re40irth On 291 1998 the and others the dead bodyof Bhola Singhwhich was in the Bhakra Canal They shedoutthe dead and informed BhupinderSinghASI who came to the spot and the inquestreportEx PD in respectof the dead bodyand sent the m lr for examinationwhich was conductedbYDre ViaY same 0 GroverPW9 who gavehis opinionthat the cause of death was drowning 0 which was antemortem in nature and was sufficientto cause deathin the 0 ordinarycourse of nature On 2321998 by AnoopSingh ASIand SinghASI the went to the Police Station Z and identifiedthe dead bodyof that unknownladyrecoveredon 0 1411998as that of Nand Kaur on thebasis of the and the er I salwar After of the the challan was putin before Z Judicial who committedthe same to the Court of Session on the that the offencesunder Sections302 and 306 IPC were exclusively r triablebytheCourt of Session 2 Z Atlergoingthroughthe documents sent the police Ll and reliedupon bythe the learnedSessionsJudgefound 1 r 3 for presuming that GurjantSinghaccused committed sufOcient offences under Sections 302 306 440 427 and 323134IPC BantSinghaccusedcommittedoffences under Sections 302134 306134 427 and 323 IPC whereas Gurnam Singhaccused committedoffences under Section 302134 306 440134427 and 323134IPC to which theypleaded not were guiIty and claimedtrial SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 359 Crl AppealNo 44 DB of2002 7 S To bringhome the guiltof the accused the examinedDr Jarnail SinghPWlI Dr SS Sandhu PW2 Dr Vijay Grover PWW39Dr Sangeeta Mehta Kumar PV59 Charan SinghASI PWI Deva SinghHC W279BhagwanDasW89 Jasbir KaurPW9I RameshKumar PU109 Dewan Chand PW119SadhRam PW129 SinghHC PH39 Manphool SinghHC 6PW41 Didar m C SinghPW15 VaheguruSinghHC 6PW SinghASI 0 PW179 Swaran Inspector6PW89GulshanKumar ASI PW191 C I andDr Rajesh Goel 6PW201 C5 Ailer the close of the evidence the accusedwere by the trial court and their statementswere recordedunder Z Section 313 of the CrC All the circumstancesappearing 2 against them in the evidencewere putto them in orderto enable I themtoexplain the same Theydeniedall thosecircumstancesandpleaded Z their innocence Theypleaded that Nihal Singhusedto work as a tantrikat thesaidSmadhand once he declaredhis son deadandcalledthepeople to ClO showhis malaflde of putting the soul in the deadpersonso as to me Z make his son alive Nihal Singhwas inimicaltowardsthem and wantedto Q their land for which he had been givingthreatsto them Theynever J v 3O worked atthe Smadhnor ever collectedthe income from thatplaceand the same was coliectedbyNihal SinghNand Kaur was in the handsof Nihal and she mighthave been concealedby him in order to involve them in a false case or for getting her killed Theyhad never givenany such waterto any personnor theyhadthrown Nand Kaur in thecanal nectar type nor Bhola Singhto jumpintothe canal A false storyhas been bythe party When theywere called upon to enter t SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 1 1 360 1 8 1 Crl AppealNoA4 DB of2002 on their defence theyexaminedDr RoopChand Bansal DWl9 and Ajaib SinghHC DW29 in their defenceevidence We haveheardlearnedcounselfor both the sides While the convictionand sentence so recordedby thetrial court it was submittedbytheir counselthat FIR in this case is belatedoneand the same itselfis fatal to the as no m C has been offered for the delay The made half 0 attempt to explain the delayby evidenceto the effect that 0 I the injured were lyingin the hospital and that JarnailSingh t3 6PWelwasunder severe shock However from the conduct of that as reflectedfrom his croseexaminationit is very muchclear Z that aflerthe occurrence he was absolutely normaland according to him thepeople ofthe villagehad collected at the canal and theytriedto find out I thedeadbodiesafterthose reachedthespotand thus it cannot be t saidthat he was scared of the accused or that he was under shock He was Z 00 in a positionto the rnatter to the policeand shouldhave done so closelyrelated to the partyIn fact that delayhas been 7 Z utilizedbythe partyto concoct a falseversion and to tl theaccused falselyin order to wipeout the familyof Amar Singhso that J Ir se headedbyNihal Singhmay be able to usurp a11the offerings of the the Dera NandPuri which was beinglooked after and servedby both the families That is also a motive on the part of the partyto falselyimplicatethe accused Thoughthe case has been bya numberof alleged eye witnesses yetthere statementsdo not any confidenceand are not of that standardso as to sustain the conviction of the accused All of them made a numberof SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 361 Crl AppealNo 44 DB of2002 9 whilemakingthose statements in the Court and are full of embellishment Themain madebythem is the accused instigating Bhola Singhto jumpinto thecanal In their statements beforethe police madeduringthe theynever statedso andin thosestatements theystated that Bhola Singhhimselfjumped into the canal He 61nher submittedthat ocularevidence standstotallycontradictedby the medical 1 evidenceand that shows that the ocular evidence is not reliable and 0 As per the medical evidence Nand Kaur deceasedhad died 0 I somewhereon 1511998 which totallyfalsi67the versionthat 0 she was thrown into the canal on 2111998 Similarlyas permedical I deathofBhola Singhtook placebetween2211998 to 2411998 Z andthat falsifiesthe fact that he jumped into the canal on 2111998 In these circumstances the conviction and sentence of the accusedcannot be I sustained and theyare entitledto t0 Z On the other hand learned State counsel tried to supportthe conviction andsentence so recordedbythe trial court bycontending that 10 e the delayin the FIR stands from the V Z evidence by the to the effect that two of the injured ll whoreceivedthe at the handsofthe accusedwere lyingadmittedin 1 0 3e thehospital and the other two affectedpersonswere under severe shock and and they were also under treatment in the hospitalupto 2511998 Afterhavingwitnessedthis incident the was undersevere shock and when he got recovered from the shock he the matterto thepoliceThe statement madebythe in the Court illy supportsthe versionand helas beenhilly and corroboratedbyJasbirKaur PW129SadhaRam SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 362 Crl AppealNo 44 DB of2002 10 PW129 and Didar Singh We159who witnessedthis occurrence with theirown eyes and SadhaRam who himself was a victim The so madebythem inspirefull confidence on the ground that the medicalevidenceis not consistentwith that ocular evidence it cannot beheldthat the same becomesunreliableor unworthy ofbelief The medicalevidenceis onlyopinionevidenceandmuchweight1Sto be given C to the ocularevidence The bodyof Nand Kaur was liable to 0 speedily as shewas a very weak old woman havingvery weak muscles 0 I Merelyin View of the opinionof the doctor the time of death the 0 and convincing ocularevidence bYthe cannot be disbelieved The guiltof the accusedfirmlystandsprovedfrom the Z statementsof thoseeyewitnesses who had no animus to deposeagainst the r and are most reliable and materialwitnesses He prayedfor the I dismissalofthe appeal Z The presentoccurrence consists of two partsThe first partof the occurrence took place on 2011998 andthe secondparttook placeon m 2111998 Theabovenamedwitnessesare witnessesofboth thosePartsOf 7 Z the occurrence Jarnail Singh PHe19 on the scene ll as according to the thestartingpointwas the full 1 1b e moon day which was about 34 daysbefore2011998 As perthe versionit was Jasbir Kaur 6PI39 Sadh Ram 6PH andDidar Singh6PW159 who were at the Dera ofSant Puri since thedayof full moon Sadh Ram PW129while makinghis statement in the Court about the facts which constitutethe versionand are detailed in para20fthe His statement hasbeen bythe othersaid eye witnesses According to SinghASI 6PW179on 1 SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 363 Crl AppealNo 44 DB of2002 11 241 1998 Jarnail Singhcameto him whenhe was presentnear the bridge ofthecanalin thelimits wala and madehis statement Ex PA onthe basisof which FIR Ex PAJ2 was recorded This statement was made bythe at 830 am and the FIR was recordedat 93O an Thusthereis not a delayoffew hoursbutdelayofdaysin lodgingthe FIR Can it besaidthat the has offeredthe for thatdelay 1 0 andthe same reasonable2The 6PWlI had not disclosedthe 0 factsto anyone as to him on account of the threatsgivenby 0 I the accused he was too muchhorrified Thoughthe has t examined Dr SS Sandhu6PW2Ifor provingthat Ram Singhand Sadh Ram were admitted111theNursingHome from 2111998 to 2511998 and Z Dr Goel 6PW20for provingthatSurjitKaur wife of Sadh Ram C andNihal Singhwho were havinginjuries on their person wereunder his from 2211998 to 2511998 yetthat evidence cannot be looked t3 Z lnto for the purposes of for the delay as the FIR was not on the basis of the statementsof those WitnesseSand their OO A were recordedonlyunderSection 161 Cr afterthe criminal V Z had alreadybeen set in motion However the statements of 1 these doctor witnessesmay be relevantfor thedelayin recording S r thestatementsof these witnesses Theymightnot havebeen in a positionto lodge the FIR but there were other affectedpersons who had the occurrence with their own eyes and could have the matter to thepolice A minute perusalof the statement of the JarnailSinghPWl9 leavesno doubtthat afterthe occurrence he was actingas a nonnalperson and was in a positionto the and to reportthe matter It is his own statement that aRer the SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document e 364 Crl AppealNo 44 DB of2002 12 he byDidarSinghandhis wife ParamjitKaur and of Nihal singhwent back to the houseof Nihal Sinh andthereafter he by his son and returnedto his village wala Duringhis crosseexaminationhe statedthat aer the he raised an alarm and peoplefrom the villagereachedthat which includedNorangSingh and Dhira Those people i CL ropes which were madeto hangin the canalfor the searchof the 0 deadbodies It were the from two villageswho collectedat that 0 I placeand even a tied with thetractor with the helpof the rope C5 thrown into the canalfor searching the dead bodies The was leftthatplaceat 9 am when the deadbodieswere still beingsearchedHe Z contradictedhimself bydeposing to the effect that from the spot he was 0 onlyby his son Didar Singh and his wife ParamjitKaur and I had come backto their villageon a motor7cle After so manypersons C3 Z had collectedat thespot and theyhad also come to know about the ofthe bodyofNand Kaur in thecanal ofBhola Singh OO e there was no question ofthis witnessbeinghorrifledor teuified in the canal J Z of the threats which according to him had been givenby the on account tl It was not his version that he was beingfollowedbythoseaccused 1 w 3e to his villageand as such hecould have the when he was police and lodgedthe report He was not a strangerto the familiesof the accusedor the party His son was marriedto Kaur who is daughter of Nihal Singh It cannot be believedthat hewouldhave leftthespotwhen dead bodieswere still beingSearchedand wouldwait for threedaysbefore thepoliceIn thepresentcase it cannot be said that the has been ableto explainthedelaylIl SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 365 Crl AppealNo 44DB of2002 13 theFIR Whatis the effectofthis delay e ADivision Benchofthis Court in Satnam SinghVersus State of Harvana 198919Recent CriminalReport 435 held thatthedelayin theFIR or in fllingthe wouldnot per se be sufficientto disbelievethe story Its onlyeffectwould be to scrutinizethe evidence more so as to siftthe grainfrom chaff or 1 thetruth from the It wouldalso be prudent to seek 0 corroborationof the storyon materialaspectsIt was held by 0 I theHonble Supreme Court in theStateofRaiasthanVersus Noore Khan t5 2000 619ApexCourt 530 that mere delayin lodgingthe FIR cannotbe a by itself for throwingthe entire prosecution case Z The Court has to seekan for the delayand test the and ofthe reason Ifthe delayis tothesatisfactionofthe Court it cannot be countedagainst the C3 Z In Ravinder Kumarand anotherVersus State of Puniab 2001 29Apex Court 352 it was heldas underl Oo U13eTheattackon cases on theground of delayin 3 Z FIR has almost boggeddown as a ll in criminalcases It is recurring featurein most of W 30 thecriminalcases that therewould be some delayin furnishing thefirst informationto thepoliceIt has to be remembered that law hasnot ftxed any time for lodgingthe FIR Hence a delayedFIR is not illegalOf course a promptand immediate of the FIR is the ideal as that would give the prosecutiona twin First is that it affords commencementof the without any time lapse SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 366 Crl AppealNo 44 DB of2002 14 Second is that it the for any possible concoctionof a falseversion thesetwo pluspointsfor lodgedFIR the demeritsof the delayed FIR cannot a operateas fatal to any case It cannot be overlookedeven a lodgedFIR is not an unreserved for the of the version 1 C therein 35 0 Asalreadystatedabove the has failedto proveany 0 or probable for thedelay This delaymay not in itselfbe C5 for discrediting or the case yetthe same a I this Court to scrutinizethe evidencewith much care Z andcaution as this delay givesan to the panyto r introducefalseand colour1versionto implicate innocent personsand to I false witnesses It is only when all these are L0 Z excludedthat the delay in lodgingthe FIR palesinto and be saidto be fatalto the It is also to be notedthatas per CO the madeon the FIR the specialreportwas receivedby the S7 Z on 2411998 at 7 pm that is almost afterabout 9 hours of the Il of the FIR This will also requirethis Court to scrutinizethe 1 4 evidencevery No evidencehas been bythe for proving thatthe had the motive to cause the deathof Nand Kaur or to abet thecommission of suicide byBhola Singh As per the there usedto be a betweenNihal Singhand Amar Singh their landsbut the same hadbeen settled about threey6arsback and thereafter boththe familieshadagainjoinedhandsand were offeringtheir services at SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 367 Crl AppealNo 44DB of2002 15 theSmadhof Nand Puri The 6PV109and other witnesses have the statementsto the effect that offeringswhich were being madebythe peopleat this Smadh were beingcollectedby B8nt Singh accused It is an fact that Smadhis in the land of Nihal Singh Thusthe motive if any wason thepartof the partyto falsely the so as to remove them from that Smadh From the m above table effortson the partof the are 0 muchclear to wipeout the whole familyof Amar SinghNand Kaur 0 andBhola Singh eitherhavingdied or killed Gurnam Singhand C5 BantSinghand GurjantSinghinvolvedin this case This fact bothhis sons hasalsoto be kept in mindby the Court while scrutinizing the statements Z of the said eye witnesses The allegedeye witnessesso examinedby the L can besaidto be as all of themare from the family I of Nihal No doubt at the time of the alleged occurrence onlythe Z membersofthose two were presentbut afler Nand Kaur is saidto have beenthrown in the canalandBhola Singhjumped into thecanal the m had collected there and theycould have been peopleof two I7 Z their examined the Court for provingthe facts which occurred in lll Llm The did not examineany of those witnesses That P eC P alsomakes it the onerous dutyof this Court to be on guardand to scrutinize Ilithestatements of all these eye witnesses with more care and cautiOOe The most person in this case was SadhRam asaccording to the he was not onlymade to sufferat the hands ofthe accusedbygivinglathi blows while nectar but 8 was madeto cultivate and the standing crops in two killas of his land SEEMA RAWAT 2014.12.02 16: 20 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 368 crl AppealNo 44 DB of2002 16 andhis long hair were also cut by the accusedand the gatrawhich was symbol was alleged to havebeen removedbythe accused During hisexaminationnchiefheilly the case He stated thaton thefullmoon dayofJanuary1998 all themembersofthe families hadgone to Smadh where Bant Singhaccusedtold that he was incamation ofBaba SantPuri andwhosoeverwouldact according to his wishes would 1 achievesalvation They Bant Singhas the incamationof God and 0 actedas per his wishes and kepton in the Dera in the manner 0 by him for seven days On 20 1998 Bant Singhtold his Co I 0 accused Gurnam andGurjantSinghthat all the personspresentthere were to be administeredAmrit Jarnail Singh also Z cameto thatplacee Singhand Gurnam Singhbrought some liquidin the from outsideand Bant Singhtold them to serve