Citation : 2022 Latest Caselaw 11626 P&H
Judgement Date : 19 September, 2022
CRA-D-1502-DB-2013 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH.
CRA-D-1502-DB-2013
Reserved on: 14.09.2022
Pronounced on: 19.09.2022
KAMALJIT @ JUGNU .....Appellant
Versus
STATE OF PUNJAB .....Respondent
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
HON'BLE MR. JUSTICE N.S. SHEKHAWAT
Argued by: Mr. Sandeep Verma, Advocate
for the appellant.
Ms. Monika Jalota, Sr. DAG, Punjab.
****
SURESHWAR THAKUR, J.
1. The learned Sessions Judge, Patiala through a verdict
drawn on 23.08.2013, upon SC No.28RT of 07.09.2011/13.08.2012,
proceeded to, hence convict the accused, in respect of a charge drawn
against the accused for an offence punishable under Section 302 of the
IPC.
2. Moreover, through a separate sentencing order drawn on
23.08.2013, the learned trial Judge concerned, proceeded to make the
hereinafter extracted sentence(s) upon the convict.
Offence Sentence Fine In default
302 IPC To undergo Rs. 10,000/- (in In default of payment
imprisonment for words rupees of fine to further
life. ten thousands) undergo rigorous
imprisonment for three
months.
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3. The convict becomes aggrieved from the verdict of
conviction (supra), and, also becomes aggrieved from the consequent
therewith sentence(s) (supra), as became imposed upon him by the
learned Convicting Court, resultantly he becomes led to institute
thereagainst the instant appeal before this Court.
INTRODUCTORY FACTS
4. Deceased Gurjant Singh @ Goldy @ Bunty, aged 19 years,
was working as a welder with Verma Welding Works, Partap Nagar,
Patiala. He had friendly relations with accused Kamaljit Singh @
Jugnu. On 06.05.2011, deceased Gurjant Singh @ Goldy @ Bunty had
come to his house at noon to take lunch, and, again went to the work
place but in the evening he did not return home. His father Darshan
Singh tried to contact him on mobile phone but his phone was lying
switched off. Therefore, his father searched for him. When he could not
locate the deceased, he lodged DDR No. 10 dated 06.05.2011 at about
1.00 P.M. with PP Model Town, Patiala, which is Exhibit PB, with
regard to missing of his son. On 12.05.2011, said Darshan Singh
suffered statement Exhibit PA before the police, and, he suspected that
both accused Jugnu and the deceased were not seen since 05.05.2011;
both were friends, and, their mobile phones were kept switched off,
and, he came to know that his son had been murdered by Kamaljit
Singh @ Jugnu who had concealed his dead body somewhere. On the
basis of his statement Exhibit PA, formal FIR Exhibit PW14/B was
registered between 11.05 A.M. to 12.05 P.M., its copy was sent to Area
Magistrate, who received it at 05.30 P.M., and, police swung into
action. Accused Kamaljit Singh was arrested on 12.05.2011.
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INVESTIGATION PROCEEDINGS
5. During interrogation, accused Kamaljit Singh @ Jugnu
disclosed that he had committed murder of Gurjant Singh @ Goldy @
Bunty on 05.05.2011 in a room which is constructed in the plot in the
area of village Ablowal, and, he had buried the dead body in the plot
adjoining to the room, and, he has specific knowledge of the said place.
In pursuance thereof, he led the police party as well as Executive
Magistrate Gurinder Singh Walia, and, pointed out the place where
dead body was concealed by him. At this instance, land was dug out,
and, dead body was excavated, and, the same was taken into possession
by the police. It was identified by father of the deceased. Inquest report
Exhibit PG was prepared, and, the dead body was sent for post mortem
examination, and, the same was conducted by the Board of doctors. On
12.05.2011, accused pointed out the room where he had murdered the
deceased Gurjant Singh @ Goldy @ Bunty. The spot was having blood
stains. The soil stained with blood was lifted from the spot, which was
put into parcel, and, sealed with the seal of the Investigating Officer,
and, was taken into possession vide memo Exhibit PR. Rough site plan
of the place of occurrence Exhibit PS was prepared. The wearing
clothes of the deceased were taken into possession vide memo Exhibit
PT. During investigation, PW-13 Lakhvir Singh had disclosed that on
05.05.2011, he had lastly seen accused and deceased together at about
2.00 P.M. in Gali No. 5, Gurdeep Colony, Patiala. On 14.05.2011,
accused suffered another disclosure statement Exhibit PC to the effect
that he had kept concealed the dagger vide which he had committed
murder of Gurjant Singh @ Goldy @ Bunty in street no. 5. In
pursuance of his disclosure statement Exhibit PC, dagger was recovered
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from the disclosed place vide memo Exhibit PE and rough sketch
Exhibit PD of the dagger was prepared. Rough site plan Exhibit PU of
the place of recovery of dagger was prepared. During the investigation,
the dagger, the clothes of deceased and sample of blood stained soil
were sent to Forensic Science Laboratory. On analysis it was reported
that all the above said articles were stained with blood.
6. After completion of investigations by the investigating
officer concerned, into the FIR (supra), he instituted an affirmative
report under Section 173 Cr.P.C., before the learned Committal Judge
concerned.
COMMITTAL COURT PROCEEDINGS
7. As the offence under Section 302 IPC was exclusively
triable by the Court of Session, therefore, the learned committal Court
vide order dated 24.08.2011, committed the case for trial, to the Court
of the learned Sessions Judge, Patiala.
TRIAL COURT PROCEEDINGS
8. On finding a prima facie case, charge under Section 302 of
the IPC became framed, against the accused, and, to which he pleaded
not guilty, and, claimed trial.
9. In support of the prosecution case, the prosecution
examined sixteen witnesses. After completion of recording of the
depositions of the prosecution witnesses, the learned Additional
Sessions Judge, Patiala drew proceedings, under Section 313 of the
Cr.P.C., but thereins, the accused claimed false implication, and,
pleaded innocence. However, no evidence in defence was adduced by
the accused.
10. After conclusion of the trial, as, became entered upon FIR
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(supra), by the learned Sessions Judge, Patiala, the latter proceeded to
make the afore verdict of conviction, and, also made the consequent
therewith sentence(s) (supra), upon, the present appellant.
SUBMISSIONS OF THE LEARNED COUNSEL FOR THE CONVICT APPELLANT
11. The learned counsel appearing for the convict-appellant
has contended with vigor before this Court, that the verdict challenged
before this Court deserves to be quashed and set aside as it is based
upon gross misappreciation of evidence on record.
SUBMISSIONS OF THE LEARNED STATE COUNSEL
12. On the other hand, the learned State counsel has argued
before this Court, that the judgment, as challenged before this Court, is
well merited, and does not warrant any interference.
CIRCUMSTANTIAL BASED EVIDENCE CASE.
Evidence of last seen (Deposition of PW-13)
13. PW-13 in his examination-in-chief has echoed that on
05.05.2011, at about 1.30 to 2.00 P.M., when he had gone to Gurdeep
Colony, Gali No. 5 for alighting the school children from the bus, that
then in front of one plot, he saw both the deceased Gurjant Singh @
Goldy and Jugnu. He identified the accused, who was then present in
Court. He has continued to depose that he shook hands with both of
them, and, thereafter went towards the back side of the Gurudwara for
leaving the children at their respective places. Gurjant Singh @ Goldy
is echoed by him to be working as a welder in Partap Nagar, and, since
he had been getting the repair work done from him, thus he deposed
that the deceased was known to him. Moreover, he has also deposed
that he met Jugnu at the shop of Gurjant Singh @ Goldy, and, was
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known to him even prior to 05.05.2011. After a week elapsing, since
his last seeing both the accused, and, deceased together, he was
informed that the deceased was killed by accused Jugnu. He has been
very emphatic in the last portion of his examination-in-chief that since
he has last seen the accused, and, deceased together, thus, he had a
belief that the deceased had been murdered by the accused. Though, in
his examination-in-chief, he has emphatically deposed qua his last
seeing the deceased, and, accused together on 05.05.2011. Further,
though he has also made a candid echoing therein, that both the
accused, and, deceased were previously known to him, but yet despite
an exacting cross examination being made, upon him, to tear the
efficacy of the above deposition, but PW-13 remained unscathed in the
above ordeal. Thus, in respect of the above fact, his testimony is to be
assigned credibility.
14. Moreover, though there was a further rigorous cross
examination made upon him, to bely his testimony that rather at the
relevant date and time, he was not available at the relevant site, but
even the said suggestions became completely denied by him. Thus, his
presence at the relevant time, when he saw both the accused, and,
deceased together rather does acquire an aura of truth. Even though, he
has minimally digressed from his previous statement recorded in
writing, inasmuch as, despite his not recording therein that he had
shaken hands at the relevant place with both the accused and the
deceased, yet his making the above echoing in his examination-in-chief.
However, the above is not a gross or blatant improvement upon his
previously recorded statement in writing, rather is minimal. Moreover
when otherwise the factum, as deposed in his examination-in-chief
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about his availability at the relevant place, at the relevant stage
when/where he both saw the accused, and, the deceased together when
rather does remain unshattered. Thus, also the above minimal
improvement made by PW-13 in his examination-in-chief, over his
previously recorded statement in writing, obviously does not have any
significance.
15. In consequence, through PW-13, the prosecution has been
able to prove that a week prior to the occurrence, both the accused, and,
the deceased were seen together in the vicinity of the site, wherefrom at
the instance of the accused, the body of the deceased was recovered.
INFERENCES DRAWN FROM THE DISCLOSURE STATEMENT OF THE ACCUSED.
16. During the course of the convict suffering police custody,
he made a signatured disclosure statement to which Exhibit PC is
assigned. The contents of the disclosure statement are extracted
hereinafter.
".......That with which Chhurra he has murdered the deceased Gurjant Singh alias Bunty had kept concealed that Chhurra after cleaning it, he had warpped it in a polythene paper and thereafter kept it concealed under the grass in a water reservoir near the gate of street No. 5 and about which he has exclusive knowledge and can get the same recovered at his instance..."
17. A close reading of the above extracted signatured
disclosure statement, as made by the convict to the police officer
reveals that he had confessed his murdering the deceased with a
Chhurra, besides has echoed therein, that he is ready to ensure its
recovery from the place of his hiding it, as the relevant place of its
hiding was exclusively known to him. The above signatured disclosure
statement is not a bald simpliciter confession of crime by the convict to
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the police officer who recorded it, as, it also resulted in the recovery of
Chhurra being made through recovery memo Exhibit PE. Thus, solemn
evidentiary worth is to be assigned to the signatured disclosure
statement of the convict to which Exhibit PC, is assigned. The reason
being that, he has neither ably denied the existence of his signatures
thereons, nor, has proven the apt denial. Moreover, since as stated
(supra), that Exhibit PC is not a bald confession, nor, obviously when
is not hit by Section 25 of the Indian Evidence Act, 1872, especially
when stated (supra), it also led to the recovery of the Chhurra being
made at his instance, to the police officer, through recovery memo
Exhibit PE. Significantly, when the recovery of Chhurra was made
through recovery memo, to which Exhibit PE is assigned, besides when
the recovery of a Chhurra through memo Exhibit PE, has not been
proven to be a planted or an engineered recovery. Therefore, the
cumulative effect of the above discussion, is that, the valid recovery of
the crime weapon at the instance of the convict to the investigating
officer, obviously connects him in the commission of the charged
offence. Moreover, therethrough corroboration is also meted to the
theory of last seen, as becomes ably propagated by the prosecution
through PW-13.
RECOVERY OF BODY OF THE DECEASED THROUGH EXHIBIT PW-14/F AND EXHIBIT PP.
18. Further, vide memo Exhibit PW-14/F, the accused made a
signatured disclosure statement under Section 27 of the Evidence Act,
contents whereof are extracted hereinafter.
" In the presence of below noted witnesses, disclosure statement was made by accused Kamaljit alias Jugnu during investigation, on 05.05.2011, Gurjant Singh alias Goldy alias Bunty son of Darshan Singh resident of Kalar Colony, Patiala was murdered by me in a room constructed 8 of 17
in a plot at Ablowal and dead body of said Gurjant Singh was buried by me by digging the earth on the vacant land in the same plot, about which I have the exclusive knowledge and can get the same recovered at my demarcation."
19. After the accused making the above signatured disclosure
statement under Section 27 of the Indian Evidence Act, before the
police officer, with unfoldings thereins qua the declarant having the
exclusive knowledge of the relevant place where he had buried the dead
body of the deceased. Resultantly, the investigating officer concerned,
made a request letter to the Sub Divisional Magistrate, Patiala, to which
Exhibit PW 14/G is assigned, for the granting permission to exhume the
dead body of the deceased. In consequence, the Sub Divisional
Magistrate, Patiala, deputed Gurinder Singh Walia, Naib Tehsildar to
visit the site for the relevant purpose. The dead body of the deceased
was exhumed in the presence of Gurinder Singh Walia, Naib Tehsildar,
Patiala, and, was taken into possession vide recovery memo Exhibit PP.
The above validly drawn memo(s), do also firmly connect the accused
in the commission of the charged offence. Strengthened vigor to the
above inference becomes galvanised from the factum that neither the
convict has ably denied his signatures, as occur in Exhibit PW-14/F,
nor has ably proven the said denials besides when he has not proven
that the discovery of the relevant fact rather was engineered or planted.
Resultantly, the discovered fact (supra) is to be concluded to connect
him with the crime event.
INFERENCES DRAWN FROM THE MEMO OF RECOVERY OF THE BODY OF THE DECEASED.
20. The accused, as revealed by PW-14/C, was arrested on
12.05.2011. Further, as revealed by memo Exhibit PP, as became drawn
on 12.05.2011, contents whereof are extracted hereinafter, he led the 9 of 17
police officer to site where he had buried the body of the deceased
Gurjant Singh @ Goldy. Subsequently, from the apposite burial site, as
identified by the accused, the body of deceased Gurjant Singh @ Goldy
was exhumed from the relevant burial place. The above was done in the
presence of Gurinder Singh Walia, Naib Tehsildar, Patiala. The very
factum of the body of the deceased being buried, is but obviously
reflective of the burial site being exclusively known to the convict.
Therefore, if he led the police officer to the burial site, whereafter he
caused its exhumation, does spark an inference, that he had after
committing the murder of deceased had taken it to bury it, at the place
from where it became exhumed. Thus, the discovered fact (supra),
became caused at the instance of the accused. Since Exhibit PP is a
signatured document by the Naib Tehsildar, Patiala, and, who while
stepping into the witness box as PW-16, has proven the contents of
Exhibit PP. Thus, the discovery/exhumation of the body of the deceased
from the site where it was buried, and, which was but for reason
(supra), hence exclusively within the knowledge of the convict, results
in an inference, that the above discovered fact, at the instance of the
convict also corroborating the above memo(s), besides lending
corroboration to the deposition of PW-13.
" .... In the presence of below noted witnesses, accused Kamaljit alia Jugnu above said while in police custody, in accordance with his disclosure statement, led the police party to Gurdeep Colony Street No. 5 Ablowal Patiala, in the presence of Shri Gurinder Singh Naib Tehsildar, and pointed out the place lying vacant in front of the constructed room where dead body of deceased Gurjant Singh alias Goldy was concealed by him after his murder and at the instance of accused, land was dug out and dead body was excavated, and incised wound on both of the side of neck and on the chest, committed with sharp edge weapon was found. Dead body was taken into police possession vide memo as a piece of evidence."
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NO RELEVANCE OF EITHER NO ATTRIBUTION OF MOTIVE OR PROOF THEREOF
21. Though, it is vehemently argued before this Court by the
learned counsel for the convict, that since the motive for the crime, has
neither emerged, nor, has been proven thus, the above links in the chain
of circumstantial evidence do not also acquire any evidentiary worth.
However, the above argument is extremely feeble, and, is rejected. The
reason becomes comprised in the factum, that the motive in a
prosecution case rested upon circumstantial evidence, though does
comprise a valid link in the chain of incriminatory circumstances, but it
may not become relevant, if the other incriminatory links, in the chain
of incriminatory circumstances rather are completely suggestive of the
incriminatory participation of the convict in the charged offence. Since
this Court for sustaining the challenged verdict of conviction, as made
upon the convict by the learned trial Judge, has rested the said
conclusion, upon, able proof emanating with respect to both the
accused, and, the deceased being last seen together, and that too in
almost immediate proximity to the body of the deceased being
recovered. Moreover, also when the drawings of memo (supra), is also
proven to be valid, besides their respective preparation(s) is taint free.
Thus, non attribution of motive if any, by the prosecution to the
convict, nor any non emanation of any proof in respect thereof, rather
does not leverage, the counsel for the convict, to argue that a verdict of
acquittal, be pronounced in respect of the charged offence.
MEDICAL EVIDENCE/POST MORTEM REPORT
22. The post-mortem report is comprised in Exhibit P1, and,
and is jointly authored by Dr. S.S.Oberoi, Additional Professor,
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Department of Forensic Science, Government Medical College, Patiala,
and by Dr. D.S.Walia. Dr. S.S.Oberoi upon stepping into the witness
box, as PW-7 has proven his authoring the same, and, has also proven
the existence thereons of the signatures of the co-author one Dr.
D.S.Walia.
23. PW-7 in his examination-in-chief, has testified that on his
making an autopsy on the body of the deceased, Gurjant Singh @
Goldy, his observing thereons the hereinafter extracted appearances.
1. Incised wound size 3 x 1 cm, muscle deep, obliquely placed was present in uppermost part of the neck on front and was spindle shaped.
2. Incised wound size 2.5 x 1 cm spindle shaped, horizontally placed on the front of neck in its upper most part 0.2 cm to the left of injury no. (1). It was muscle deep.
3. Incised wound 3 x 1 cm spindle shaped and muscle deep was present on the left side of front of neck 0.4 cm lateral to injury No. 2.
4. Stab wound with sharp margins size 7 x 2.5 cm was present on left side of back of chest in its lower part starting from midline and going upwards and laterally. It was placed obliquely.
5. Stab wound with sharp margins size 4.5 x 1.5 cm was present on right side of back of chest in its lower part - 5.0 cm to the right of middle and was placed obliquely.
6. Stab wound with sharp margins size 6 x 3 cm was present below the right axilla was obliquely
they were found making corresponding cuts in the respective ribs and entering the chest cavity. On examination of lungs, cuts corresponding to the injuries described above were present with presence of about 200 ml of blood in each pleural cavity. Both the lungs were partially collapsed.
7. Incised wound, spindle shaped measuring 1'2 x 5 cm muscle deep was present on the flexoral surface of right upper arm.
24. He has also pronounced therein, that the cause of demise of
the deceased was hemorrhage, and, shock as a result of the above
extracted ante mortem injuries, which become testified by him to be
sufficient in the ordinary course of nature to cause death. Furthermore, 12 of 17
he has also testified that the probable duration of time that elapsed
between the injuries and death was immediate, and, that the duration of
time between death, and, postmortem was about a week. Therefore,
with PW-13 last seeing the deceased, and, accused together on
05.05.2011, thus, the deposition of PW-7 speaking about the probable
duration of time inter-se death, and, postmortem being also a week,
does also suggest that PW-13, has spoken the truth about his last seeing
both the accused, and, the deceased together on 05.05.2011, a date
which is but obviously a week prior to an autopsy being made on the
body of the deceased. Resultantly, the deposition of PW-13 acquires
corroboration from the deposition of PW-7. Moreover, the above ante
mortem injuries are reflective of theirs' becoming caused through users'
of a sharp edged weapon, on the relevant portions of the body of the
deceased. Thus, when the relevant incriminatory weapon is a sharp
edged weapon, and, when valid recovery thereof became caused
through recovery memo Exhibit PE. Therefore, when the cause of
demise of the deceased as ascribed by PW-7, is to incised ante mortem
injuries and are but causable through a sharp edged weapon, hence also
relates the validly recovered sharp edged Chhurra, to its user on the
person of the deceased. In sequel, corroboration therethrough is
acquired by memo Exhibit PE wherethrough Chhurra became
recovered besides also corroboration is acquired by the theory of last
seen, as becomes ably propagated by PW-13.
FSL REPORT
25. Though the collected blood stain incriminatory items
besides the blood stained incriminatory weapon of offence, became
transmitted through Reference No.19755/C3 dated 03.06.2011, to the
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FSL concerned. However, as revealed by the report of FSL to which
Exhibit PX is assigned, rather on their respective examinations, resulted
in the hereinafter extracted opinion.
"FORENSIC SCIENCE LABORATORY PUNJAB SAS NAGAR
Report No. 432/2011/FSL/Pb/Bio/Exam, dated 09.06.2011
Case Reference FIR No. 100, dated 12/5/2011, U/S 302 IPC, P.S., Civil Lines, Patiala.
Parcel 'A' contained- Chhurra alleged to be stained with blood. Parcel 'B' contained- Soil alleged to be stained with blood. Parcel 'C' contained- The following exhibits alleged to be stained with blood:-
i) T-Shirt marked C-1 in the laboratory.
ii) Pant marked C-2 in the laboratory.
iii) Underwear marked C-3 in the laboratory.
RESULT OF EXAMINATION
" The exhibits contained in the parcels A, B and C are stained with human blood."
26. Though, in the wake of the prosecution cogently
establishing, the charge drawn against the convict, through the stepping
into the witness box of a credible witness PW-13, who had evidently
last seen the convict and deceased together immediately before the
occurrence or in the almost immediate proximity to the occurrence.
Moreover, also though the prosecution has been able to prove the
charge through validly drawn memos (supra), besides from the medical
evidence (supra). However, the result of the examinations, as made on
the blood stained items sent to the FSL concerned, may have also lent
further fortifying corroboration to the evidence (supra), as became
adduced by the prosecution. However, the above extracted results, as
made upon the blood stained items as sent to the Serologist concerned,
rather are inapt for establishing that the blood stains carried on the
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relevant items hence belonging to the blood group of the deceased
concerned. Thus, there is no conclusivity of opinion by the Serologist
about the human blood carried on the relevant items belonging to the
blood group of the deceased concerned. The above inconclusivity of
opinion may have been overcome only if the investigating officer
concerned, had been more apt through his ensuring the collection, of
the relevant FTM cards, from the family members of the deceased
concerned, so that they could have been sent along with the relevant
blood stained items, to the Serologist concerned, for his making the
ablest best apposite comparisons thereof. It is only in the wake of the
above ineptitude of investigations that the above event occurs, that too
despite the above investigational infirmity becoming earlier also
highlighted by this Court.
27. Be that as it may, it is also apparent on a reading of the
reports of the FSLs concerned that in some cases, some of the items as
sent to the FSL, for there respective examinations there, they become
opined to be not amenable for any able analysis thereons, nor an able
opinion is thus made, rather only for the reason that the relevant
items/materials becoming disintegrated or deteriorated. The above is a
result of either delays in the despatches of the relevant sample cloth
parcels to the FSL concerned, or is a result of tardiness of examinations
being made upon them at the FSLs concerned.
28. The FSLs provides the best forensic evidence to the Courts
of law. Therefore, if there is any delay on the part of the laboratories
concerned, to make an analyses on the items sent there for
examinations, it is for the Director(s) of the FSLs concerned, to assign
responsibility to the Serologist concerned or to the other experts
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concerned.
29. For ensuring that the investigating officers concerned
hereafter, do not omit to collect the relevant FTM cards from the family
members of the deceased or of the injured concerned, besides they do
not omit to forthwith send the said FTM cards hence along with the
blood stained relevant recoveries, to the FSLs concerned. Thus, it is
deemed fit to direct the Director General of Police, Punjab to draw
batch wise training sessions for the investigating officers in the State of
Punjab. The trainings be imparted, in the above regard, and, also with
regard to all the relevant despatches being made promptly to the FSLs
concerned. Consequently, the Registry of this Court is directed to
forthwith circulate a copy of this verdict to the Director General of
Police, Punjab. Compliance qua the above directions be ensured to be
communicated to the Registry of this Court, on a bimonthly basis by the
Director General of Police, Punjab.
30. In addition, all the Directors of the FSLs Punjab, are also
directed to ensure that there is the promptest examinations made on the
materials despatched to the FSLs concerned, by the Experts working
there, so that never hereafter any report is made that there is any
disintegration or deterioration of the materials/items sent to the FSL. A
copy of this verdict be also sent to them.
CONCLUSION
31. In aftermath, no conclusion other than the one, as became
drawn earlier by the learned convicting Court, rather is to be also drawn
by this Court.
32. The result of the above discussion, is that, this Court does
not find any merit in the appeal, and, is constrained to dismiss it.
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FINAL ORDER BY THIS COURT
33. Consequently, the appeal is dismissed. The impugned
verdict of conviction, and, the consequent therewith sentence(s)
(supra), as become imposed upon the convict-appellant, by the learned
convicting Court, are affirmed and maintained.
34. The case property, if any, be dealt with in accordance with
law, but after the expiry of period of limitation for the filing of an
appeal. The records be forthwith sent down.
(SURESHWAR THAKUR) JUDGE
(N.S. SHEKHAWAT) JUDGE 19.09.2022 kavneet singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
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