Baba Gurmeet Singh @ Maharaj Gurmeet … vs Central Bereau Of Investigation on 7 March, 2026

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    Punjab-Haryana High Court

    Baba Gurmeet Singh @ Maharaj Gurmeet … vs Central Bereau Of Investigation on 7 March, 2026

    CRA-D-240-D-2019 and other connected cases                                    [1]
    
    
    
    
           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
                        Reserved on: 25.09.2025/17.02.2026
                        Pronounced on: 07.03.2026
                           Uploaded on:09.03.2026
          Whether only operative part of the judgment is
          pronounced or the full judgment is pronounced: operative part/full judgment.
    
    
    [1]   CRA-D-240-D-2019
    
          Baba Gurmeet Singh @ Maharaj Gurmeet Singh @
          Gurmeet Ram Rahim Singh
                                       .....Appellant
                   Versus
    
          Central Bureau of Investigation                         .....Respondent
    
    [2]   CRA-D-270-D-2019
    
          Kuldeep Singh @ Kala                                    .....Appellant
                          Versus
          Central Bureau of Investigation                         .....Respondent
    
    
    [3]   CRA-D-258-D-2019
    
          Nirmal Singh                                            .....Appellant
                          Versus
          Central Bureau of Investigation                         .....Respondent
    
    
    [4]   CRA-D-254-D-2019
    
          Krishan Lal alias Kishan Lal                            .....Appellant
                          Versus
          Central Bureau of Investigation                         .....Respondent
    
    
    CORAM :       HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE
                  HON'BLE MR. JUSTICE VIKRAM AGGARWAL
    
    Argued by: Mr. R. Basant, Senior Advocate (Arguing counsel)
               with Mr. Aman Jha, Advocate,
               Mr. Amar D. Kamra, Advocate,
               Mr. Akshay Sahay, Advocate, and
               Mr. Jitender Khurana, Advocate,
    
    
    
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              for appellant(s) in CRA-D-240-2019.
    
              Mr. R.S. Rai, Senior Advocate (Arguing counsel)
              with Mr. Gautam Dutt, Advocate,
              Mr. Anurag Arora, Advocate,
              Ms. Rubina Vermani, Advocate,
              Mr. Arjun S. Rai, Advocate,
              Ms. Radhika Mehta, Advocate, and
              Mr. Farhad Kohli, Advocate,
              for the appellant in CRA-D-270-2019.
    
              Mr. Ashwani Kumar Singh, Senior Advocate,
              (Arguing counsel) with
              Mr. Ashish Anshuman, Advocate,
              Mr. Rishi Titu, Advocate and
              Mr. Chandan Malav, Advocate,
              for the appellant in CRA-D-258-2019.
    
              Mr. Amit Jhanji, Senior Advocate (Arguing counsel)
              with Mr. Harish Chhabra, Advocate,
              Mr. Mayank Aggarwal, Advocate, and
              Mr. Abhishek Sanghi, Advocate,
              for the appellant in CRA-D-254-2019.
    
              Mr. R.S. Bains, Senior Advocate (Arguing Counsel)
              with Mr. Sarabjot Singh Cheema, Advocate,
              Mr. Anmoldeep Singh, Advocate,
              Mr. Inderpal Singh Deol, Advocate,
              for the complainant.
    
              Mr. Ravi Kamal Gupta, Special Public Prosecutor,
              and Mr. Akashdeep Singh, Special Public Prosecutor,
              for the respondent - CBI in all cases.
    
    VIKRAM AGGARWAL, J.
    

    The afore-titled appeals arise from a common

    judgment of conviction dated 11.01.2019 and order of

    SPONSORED

    sentence dated 17.01.2019 passed by the Court of Special

    Judge (CBI), Haryana, Panchkula.

    2. Vide the said judgment of conviction dated

    11.01.2019 and order of sentence dated 17.01.2019, the

    appellants, Baba Gurmeet Singh in CRA-240-D-2019

    (hereinafter referred to as `A1′); Kuldeep Singh in CRA-270-

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    D-2019 (hereinafter referred to as `A2′); Nirmal Singh in

    CRA-258-D-2019 (hereinafter referred to as `A3′) and

    Krishan Lal in CRA-254-D-2019 (hereinafter referred to as

    `A4′) [during the pendency of the appeal, A4 expired and

    the legal representatives of A4, were permitted to pursue the

    appeal]; were convicted and sentenced as under:-

    (I) Baba Gurmeet Singh @ Maharaj Gurmeet
    Singh @ Gurmeet Ram Rahim Singh

    Sr. Under Sentence Fine Sentence in
    No. Section default of
    payment of fine

    1. 120-B IPC Life Rs.50,000/- Imprisonment
    read with Imprisonment for a further
    302 IPC period of two
    years

    (II) Kuldeep Singh
    Sr. Under Sentence Fine Sentence in
    No. Section default of
    payment of fine

    1. 302 IPC Life Rs.50,000/- Imprisonment
    read with Imprisonment for a further
    120-B IPC period of two
    years

    (III) Nirmal Singh
    Sr. Under Sentence Fine Sentence in
    No. Section default of
    payment of fine

    1. 302 IPC Life Rs.50,000/- Imprisonment
    read with Imprisonment for a further
    120-B IPC period of two
    years
    25 of the Rigorous Rs.5000/- Imprisonment
    Arms Act imprisonment for a further
    for three period of three
    years months

    (IV) Krishan Lal @ Kishan Lal

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    Sr. Under Sentence Fine Sentence in
    No. Section default of
    payment of fine

    1. 120-B IPC Life Rs.50,000/- Imprisonment
    read with Imprisonment for a further
    302 IPC period of two
    years

    2. 29 of the Rigorous Rs.5000/- Imprisonment
    Arms Act imprisonment for a further
    for three period of three
    years months

    Substantive sentences of A3 and A4 were ordered

    to run concurrently, whereas life imprisonment awarded to

    A1 was ordered to commence after the expiry of the term

    sentence awarded in the earlier case i.e. RC No. 05/2002.

    THE CASE

    3. The case of the prosecution is that on

    24.10.2025, one Ram Chander Chhatrapati, who was a

    journalist, was shot dead by A2 and A3 pursuant to a

    conspiracy hatched by A1. A4, who was alleged to be the

    Prabandhak of Dera Sacha Sauda (hereinafter referred to as

    `the Dera’), is alleged to have been part of the conspiracy

    and had allegedly supplied his licenced 0.32 bore revolver to

    A2 and A3 and a walkie-talkie set stated to be belonging to

    the Dera, apart from other articles.

    THE INCIDENT

    4. On 24.10.2002, the sleepy town of Sirsa

    (Haryana), situated on the border of Punjab and Haryana,

    was rattled by a murderous attack on a journalist, Ram

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    Chander Chhatrapati, who used to bring out a Daily

    Evening Newspaper `Pura Sach’. He was alleged to have

    been shot at for publishing articles against A1 alleging

    sexual exploitation of Sadhvis by him at the Dera, apart

    from other alleged misdeeds. He succumbed to the injuries

    on 21.11.2002 at Apollo Hospital, Delhi.

    FACTUAL BACKGROUND

    5. Law was set into motion by complainant-

    Aridaman (son of the deceased) vide complaint dated

    24.10.2002 (Ex.PW5/A). Pursuant thereto, FIR No.685 of

    2002 (Ex.PW30/A) was registered at Police Station City,

    Sirsa on 24.10.2002 under Section 307 read with Section

    34 of the Indian Penal Code, 1860 (for short `IPC‘) and

    Sections 25 and 27 of the Arms Act, 1959 (hereinafter

    referred to as `the Arms Act‘). Section 120-B IPC was added

    on 25.10.2002. Since Ram Chander Chhatrapati expired on

    21.11.2002, Section 302 IPC was added.

    6. On 24.10.2002 at about 9.15 P.M., PW30-Vijay

    Singh (Incharge, Police Post Khairpur, District Sirsa, at the

    relevant time) was present near Hanuman Mandir, Khairpur

    (Sirsa), PW5-Aridaman, met him and informed him that his

    father Shri Ram Chander Chhatrapati, had been shot at.

    His statement Exhibit PW5/A, was recorded. The same was

    read over to him and in token of its correctness, he

    appended his signatures on the same.

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    7. He stated that on 24.10.2002 at about 7.45 p.m.,

    he, his father (Ram Chander Chhatrapati), his elder brother

    Anshul and sister Shreyashi, were sitting in their house to

    have dinner. In the meantime, from the rear side of their

    house, from where the wall was broken from the lane, they

    heard a voice calling his father to come out. Upon hearing

    the voice, his father went out in the lane. Anshul switched

    on the light in the rear portion of the house. Aridaman and

    Shreyashi also came out with him. When they came out,

    they saw two young boys, having pistols in their hands,

    standing there. One of them said `Kuldeep shoot the bullet’

    (Kuldeep Goli Maar). On this, A2 opened fire at his father.

    His father fell down. Aridaman and others shouted `Bachao-

    Bachao’ on which A2 told the other person, `Nirmal run, our

    work had been done’ (Nirmal bhag le, kamm ho gaya).

    8. Upon this, both persons went to a Scooter parked

    nearby. On hearing the commotion, 2-3 policemen, who

    were patrolling in the area, came running and apprehended

    one of the assailants. The second assailant, however, fled on

    the scooter. It was stated by Aridaman that the reason of

    grudge was that his father was a journalist and had been

    publishing news related to the Dera because of which, he

    had been receiving death threats from the Dera people. He

    stated that he suspected that the attack on his father had

    been got done by the Dera. He further stated that his elder

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    brother, Anshul had taken his father to the hospital at Sirsa

    for treatment in the car of his neighbour.

    9. On the basis of the statement, FIR Ex.PW30/4

    was registered. PW30-DSP Vijay Singh, then received

    information from Police Station City, Sirsa that the injured

    Ram Chander Chhatrapati had been got admitted in Civil

    Hospital, Sirsa and some Investigating Officer be sent to the

    hospital. Vijay Singh reached the hospital and moved an

    application (Exhibit PW6/E) before the Medical Officer, Civil

    Hospital, Sirsa, to seek his opinion as to whether Ram

    Chander Chhatrapati was fit to make a statement. On the

    said application, Dr. Dale Singh, Medical Officer, Civil

    Hospital, Sirsa, made an endorsement (Exhibit PW6/F) that

    the patient had been referred to PGMIS, Rohtak for further

    management.

    INVESTIGATION

    10. The Doctor then handed over two parcels to Vijay

    Singh, one of which contained the clothes of the injured i.e.

    blood stained trousers, shirt and one belt. The other parcel

    contained one bottle containing pellets. Both parcels were

    duly sealed. Sample Seal was also separately handed over to

    Vijay Singh by Dr. Dale Singh and was, accordingly, taken

    into possession vide memo Exhibit PW5/C. The memo was

    attested by PW5-Aridaman and one ASI Gaje Singh. Copy

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    of the medical examination report (Exhibit PW6/A) of Ram

    Chander Chhatrapati was also received by Vijay Singh.

    11. Vijay Singh, then reached the place of incident

    and after investigation took into possession blood stained

    earth, which was put into a plastic container and the same

    was sealed with the seal “BS”. Memo Exhibit PW5/B was

    prepared in this regard, which was also attested by PW5-

    Aridaman and ASI Gaje Singh. The container containing

    blood stained earth was also sealed and seal impressions

    (Exhibit PW30/5) were put thereon. Site plan Exhibit

    PW30/7 was prepared with correct marginal notes.

    Statements of witnesses were recorded and the persons

    present at the spot, were interrogated.

    12. Thereafter, Vijay Singh reached the police post,

    Khairpur, where constables Jagminder; Dharam Chand

    (PW-17) and Amarpal (PW-16) produced A2 before Vijay

    Singh. Upon interrogation, A2 suffered a disclosure

    statement (Exhibit PW17/A) that he owned Mobile No.

    98121-28721 on which he had received a call from a

    follower of the Dera on 24.10.2002, who gave some

    information about Ram Chander Chhatrapati. He said that

    he did not know the name of the said person, but could

    recognize him and then he reached the premises of the

    Dera, where the said follower gave him a 0.32 revolver and

    12 live cartridges along with one scooter. One car was also

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    arranged by the follower for their return. He stated that he

    had kept the mobile concealed at his residence at Faridkot

    in a suit case and that he could get the same recovered. His

    statement Exhibit PW17/A, was also attested by ASI Gaje

    Singh and Constable Dharam Chand. Accordingly, A2 was

    formally arrested on 25.10.2002.

    13. On 26.10.2002, Vijay Singh went in search of A3.

    He along with other Police Officers went to the main gate of

    the Dera and from there to the house of Ram Chander

    Chhatrapati and made inquiries and a follower informed

    him that A3 was likely to visit the Dera to hand over the

    revolver, cartridges and car to A4. Upon the receipt of the

    said information, Vijay Singh alongwith other Police Officers

    and Officials, including PW16-Amarpal and PW17-Dharam

    Chand; Lekh Raj and Roop Kumar, laid a Naka (Barricade)

    near Jagdambe Paper Mill, Begu Road, Sirsa. After some

    time, they saw a white coloured Maruti Car coming from the

    side of link road, Rangri. The said car was intercepted. The

    sole occupant of the said car, who was driving the car was

    interrogated. The other police officials, who were

    accompanying Vijay Singh, informed him that the said

    person was the same person, who had managed to flee on

    24.10.2002 after the occurrence. The driver then disclosed

    his name as Nirmal Singh (A3) son of Gurdev Singh,

    resident of Green Colony, College Road, Faridkot. Upon his

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    search, a 0.32 revolver; 5 empty and 7 live cartridges,

    wrapped in a polythene paper were recovered from him.

    They were taken into possession vide memo Exhibit

    PW21/2. A parcel was prepared and was sealed with the

    impressions `BS’. Rough sketch of the revolver (Exhibit

    PW21/1) was prepared. The revolver (Exhibit MO/1) was

    converted into a parcel (Exhibit MO/2).

    14. Upon checking of the car, Registration Certificate

    (RC) and the Driving Licence (DL), in the name of A3 were

    recovered from the dashboard and from the front seat i.e.,

    the seat of the passenger alongside the seat of the driver, a

    walkie-talkie make Motorola and a mobile phone having

    connection No. 98154-16121, a photostat copy of the

    licence of the Motorola walkie-talkie set (Exhibit MO/C),

    were recovered. From the back seat, one khukhri (dagger)

    (Exhibit MO/B), one sword; one knife (Exhibit Ex. MO/D),

    two bunches of keys (Exhibits MO/F and MO/G); a steal

    measuring tape (Exhibit MO/E), were recovered. All the

    aforesaid articles were taken into possession vide recovery

    memo Exhibit PW21/3. The articles were sealed with the

    seal of `VS’. The sword was produced in the Court as

    Exhibit MO/A.

    15. A3 suffered a disclosure statement Exhibit

    PW17/B. It was stated by him that he had taken `Naam’ of

    Dera Sacha Sauda and that he was a follower of A1 and

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    often used to come to the Dera for performing sewa. He

    stated that A2 was his cousin brother and he had also

    taken `Naam’ of Dera Sacha Sauda and that he (A2) also

    used to visit the Dera for performing sewa. He further

    stated that about 15 days back, the Pradhan of the Dera

    (A4) told them that Ram Chander Chhatrapati, editor of the

    Pura Sach newspaper publishes material against Dera

    “Pitaji” to tarnish his image and publishes unreal stories.

    A4 told him that Ram Chander Chhatrapati had to be

    finished. Then A2 and A3 agreed with the stand of A4. After

    that A4 showed him and A2, the house of Ram Chander

    Chhatrapati as also Ram Chander Chhatrapati. On

    24.10.2002, A4 asked him on phone that he and A2

    should visit the Dera. On this, both of them reached the

    Dera where A4 gave them a .32 bore revolver and 12 live

    cartridges, one scooter and one dummy pistol. He also

    stated that while running away from the spot, A2 handed

    over the pistol and cartridges to him. Rough site plan

    (Exhibit PW30/9) was prepared. Statements of witnesses

    were recorded under Section 161 Cr.P.C. A3 was arrested

    and was produced in Court.

    16. One SI Ram Chander was deputed by the Senior

    Police Officers to go to PGI, Rohtak, to ascertain whether

    Ram Chander Chhatrapati was fit to make a statement. He

    went to PGI, Rohtak, and moved an application (Exhibit

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    PW29/A) in this regard on which opinion Ex. PW29/B was

    given by one Dr. J.K. Maheshwari that Ram Chander

    Chhatrapati was fit to make a statement. It has come on

    record that SI Ram Chander, thereafter, recorded the

    statement of Ram Chander Chhatrapati, but it was not

    produced on record.

    17. On 25.10.2002, on the statement of A2, offence

    under Section 120-B IPC was added. Thereafter, A2 was

    interrogated on 27.10.2002 and 28.10.2002. Both A2 and

    A3 suffered disclosure statements. A2 disclosed (Exhibit

    PW25/A) that he had kept his mobile phone having

    connection 98121-28721 at Kalyan Nagar, Sirsa and that

    he could get the same recovered. Similarly, A3 also suffered

    a disclosure statement (Exhibit PW25/B) about having

    concealed a toy pistol (Exhibit MO/I) at the house of his

    brother Kuldeep Singh, situated at Kalyan Nagar and he

    could get the same recovered. He also stated that the

    scooter without number plate, which was used by them at

    the time of commission of the crime, had been returned to

    A4. Pursuant to the disclosure statement, mobile phone

    (Exhibit MO/H) was recovered vide memo Exhibit PW25/C

    and A3 got recovered the toy pistol vide memo Exhibit

    PW25/D.

    18. Application Exhibit PW30/11 was moved by Vijay

    Singh to the District Magistrate, Sirsa, to ascertain the

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    ownership of 0.32 bore revolver. Report Exhibit PW15/B

    was received stating that the revolver was owned by A4 and

    the address on the licence was of the Dera. Subsequently,

    the licence of revolver and Registration Certificate (RC) of

    the Scooter were recovered vide Memos Exhibits PW23/C

    and PW23/B. On 08.11.2002, the investigation was

    transferred from Vijay Singh.

    19. Final report was, thereafter, filed against A2, A3

    and A4 on 10.12.2002. The case was committed to the

    Court of Sessions by the Court of Chief Judicial Magistrate,

    Sirsa, vide order dated 13.10.2003.

    20. Being dissatisfied with the investigation having

    been conducted by the Haryana Police, CRM-M-7931-2003

    was instituted by Anshul Chhatrapati before this Court.

    Before that, suo motu cognizance had also been taken by

    this Court and CRM-M-26994-2002 had been registered

    upon an anonymous complaint having been received in the

    Registry of this Court, addressed to the Prime Minister of

    India, requesting for an inquiry into sexual exploitation of

    hundreds of Sadhvis by A1.

    21. The said petitions along with CRM-24874-M-

    2003 titled as Pritpal Vs. State of Haryana and others, were

    decided by a Division Bench of this Court vide order dated

    10.11.2003. Investigation of all the FIRs i.e., FIR No. 312 of

    2002, Police Station, Sadar, Thanesar; FIR No. 685 of 2002,

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    Police Station, Sirsa (the present case) and FIR No. 395 of

    2003, Police Station City, Thanesar, was ordered to be

    transferred to the Central Bureau of Investigation

    (hereinafter referred to as `the CBI’). Other directions,

    including directions to conclude the investigation as

    expeditiously as possible, were also issued to the CBI. The

    CBI was also directed to file its reports in all the FIRs,

    including supplementary challan(s), wherever necessary

    before the Court of competent jurisdiction within a period of

    six months, from the date of pronouncement of the order. It

    was also observed that both incidents i.e., murder and

    sexual exploitation were daring examples of their kinds as

    allegations had been made that the said incidents were at

    the behest of the DERA. It was observed that it was equally

    important and in the interest of the accused persons as also

    the Dera that the allegations and insinuations, if not true,

    must be put to an end by a Specialist Investigating Agency

    i.e., CBI, at the earliest. It was observed that under the

    circumstances, it was essential for the Court to issue a

    direction to CBI for a time bound investigation, which must

    be taken up with utmost priority.

    22. On 09.12.2003, investigation of RC10/3 (present

    case) was entrusted to PW43-Dr. Armandeep Singh, who at

    the relevant time was posted at SCB (CBI), Chandigarh, as a

    Deputy Superintendent of Police. The investigation

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    remained with PW43 from 09.12.2003 to March, 2007. He,

    during the investigation, visited the scene of crime, collected

    documents from the local police, examined witnesses and

    collected other relevant documents. Inspector M.S. Yadav;

    Inspector Devender Singh; Inspector R.C. Dogra, Inspector

    R.K. Khajuria, Inspector Anil Chandola and other staff,

    assisted him in the investigation. On 26.10.2005, he took

    into possession seven editions of `Sacchi Siksha’ from PW3-

    Anshul, vide seizure memo Exhibit PW13/C. On

    07.07.2005, R.K. Khajuria, seized complaint dated

    08.11.2002 (Exhibit PW13/C) given by Sohna Ram, father

    of deceased Ram Chander Chhatrapati to Superintendent of

    Police, Sirsa, vide seizure memo Exhibit PW13/C.

    Thereafter, on 17.08.2005 and 14.05.2007, certain other

    articles were seized, the details of which have been given in

    the statement of PW43-Dr. Armandeep Singh, and would

    not be relevant for the purpose of detailing the facts of the

    case.

    23. During the course of investigation, polygraph

    tests of SI-Ram Chander and Subhash Chander Khatri,

    were got conducted from CFSL, New Delhi. Report dated

    13.09.2005 (Mark-PW43/K), was received. Upon transfer

    of PW43-Dr. Armandeep Singh from SCB (CBI), Chandigarh

    to ACB (CBI), Chandigarh, the investigation was transferred

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    to PW45-Shri Satish Dagar, the then DSP (SCB) CBI,

    Chandigarh.

    24. From 2004-2012, PW45-Satish Dagar, remained

    posted as DSP and Additional SP in SCB, CBI, Chandigarh

    and conducted investigation in the present case. However,

    after about a month or so, Shri M. Narayanan, the then

    DIG, SCR, Delhi, was made the Chief Investigating Officer

    of all three cases related to the Dera and PW45-Satish

    Dagar continued to assist him till the filing of the charge

    sheets in all three cases.

    25. Shri M. Narayanan, who appeared as PW46, took

    up investigation of the present case (RC10/3) on

    27.04.2007 and remained the Chief Investigating Officer till

    the filing of the supplementary challan. During the course

    of investigation, he recorded the detailed statements of

    Khatta Singh on 21.06.2007 (Exhibit PW31/A). When

    Khatta Singh, was asked whether he was willing to make a

    statement under Section 164 Cr.P.C. before the Magistrate,

    he stated that there was no threat or pressure from the

    Dera Management and that he would think over and

    discuss the same with his family friends and would inform

    PW46-Shri M. Narayanan. On 22.06.2007, he also told

    PW46 that the Dera Management had obtained his

    signatures on some blank papers and they might misuse

    the same. He also stated that he had never filed any

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    application before the Courts at Ambala for recording of his

    statement under Section 164 Cr.P.C. and that he did not

    know who had filed the same.

    26. On 22.06.2007, Khatta Singh stated that he was

    willing to give statement under Section 164 Cr.P.C. before a

    Magistrate. Khatta Singh came to the CBI office,

    Chandigarh on 22.06.2007 at about 3.45 p.m. He was

    produced before Shri Balwinder Kumar (PW38). Application

    (Exhibit PW38/1) was moved for recording the statement of

    Khatta Singh. Accordingly, his statement under Section 164

    Cr.P.C. (Exhibit PW 31/B) was recorded. Thereafter,

    supplementary report under Section 173 Cr.P.C. was filed

    on 30.07.2007 against A1 in addition to the accused

    already charge- sheeted.

    27. All accused were charge-sheeted for commission

    of the offence punishable under Section 120-B IPC. Accused

    A2 and A3 were also charge-sheeted for commission of the

    offence punishable under Section 302 IPC. A1 and A4 were

    charge-sheeted for commission of offence punishable under

    Section 302/120-B IPC. A3 was also charge-sheeted for

    commission of offence punishable under Sections 25 and 27

    of the Arms Act. A4 was also charge sheeted for commission

    of the offence punishable under Sections 25 and 29 of the

    Arms Act. The accused pleaded not guilty and claimed trial.

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    28. The prosecution examined the following 46

    witnesses:-

           Sr. No.       Name of witness(es)
              1.         PW1-Balwant Singh
              2.         PW2-Raja Ram Handiaya
              3.         PW3-Anshul Chatarpati
              4.         PW4-Raj Kumar Sathi
              5.         PW5-Aridaman
              6.         PW6-Dr. Dale Singh
              7.         PW7-Kewal Singh
              8.         PW8-Dr. Rajinder Kumar Karwasra
              9.         PW9-Dr. Parveen Kumar Singh
              10.        PW10-Dr. Chitranjan Behera
              11.        PW11-Dr. Sushil Kumar Jain
              12.        PW12-SI Devender
              13.        PW13-Retd. SI Dale Singh
              14.        PW14-Jagjit Singh
              15.        PW15-Ran Singh
              16.        PW16-HC Amarpal
              17.        PW17-HC Dharam Chand
              18.        PW18-EHC Mohan Lal
              19.        PW19-Vishwajeet
              20.        PW20-Dr.Amod Kumar Singh
              21.        PW21-Lekh Raj
              22.        PW22-ASI Sombir Singh
              23.        PW23-Retd. SI Diwan Singh
              24.        PW24-Krishan Kumar Sharma
              25.        PW25-Deepak Kumar
              26.        PW26-HC Hawa Singh
              27.        PW27-Dr. K.P.S. Kushwaha
              28.        PW28-L.S. Yadav
              29.        PW29-Dr. Jayant Kumar Maheshwari
              30.        P30-DSP Vijay Singh
              31.        PW31-Khatta Singh
    
    
    
    
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               32.        PW32-Inspector Sube Singh
               33.        PW33-ASI Ram Niwas
               34.        PW34-Retd. DSP Jaipal Singh
               35.        PW35-SI Ram Singh
               36.        PW36-Vijay Kumar
               37.        PW37-Madan Bansal
               38.        PW38-PCS Balwinder Kumar
               39.        PW39-Bhagwan Lal Soni
               40.        PW40-Gurupdesh Bhullar
               41.        PW41-Amit Sharma
               42.        PW42-Bhartesh Singh Thakur
               43.        PW43-SP Dr. Armaandeep Singh
               44.        PW44-Dr. Asha Srivastava
               45.        PW45-ASP Satish Dagar
               46.        PW46-Joint Director M. Narayanan
    
    
    
    

    29. A number of witnesses were given up by either

    being unnecessary or having been won over. The details of

    the deposition of the witnesses duly find mention in the

    judgment of the trial Court and, therefore, the same are not

    being repeated for the sake of brevity.

    30. After evidence of the prosecution was completed,

    statements of the accused under Section 313 Cr.P.C. were

    recorded. All the accused claimed to have been falsely

    implicated.

    31. In defence, the following 21 witnesses were

    examined:-

            Sr. No.       Name of witness(es)
               1.         DW1-Roshan Lal
    
    
    
    
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                 2.         DW2-Charanjit Singh
                 3.         DW3-Amar Nath
                 4.         DW4-Nachhatar Pal
                 5.         DW5-ASI Sita Ram
                 6.         DW6-SP Shiv Charan
                 7.         DW7-Sarjit Singh
                 8.         DW8-Navdeep Kumar
                 9.         DW9-Suresh Kumar
                 10.        DW10-Arun Kumar
                 11.        DW11-Hukum Chand
                 12.        DW12-Jitender
                 13.        DW13-Mool Chand
                 14.        DW14-Soman Kochucherukkan
                 15.        DW15-Mrs.               Umesh   Nanda,   IAS
                            (Retd.)
                 16.        DW16-Mrs. Raakhi Jagga
                 17.        DW17-Rajeev Kumar Jain
                 18.        DW18-Ajitabh Sharma
                 19.        DW19-Arvind Jaitely
                 20.        DW20-Ashok Kumar
                 21.        DW21-Dr. Govind Gupta
    
    
    
    

    32. The trial Court convicted and sentenced the

    accused in the manner described in the opening part of the

    judgment.

    33. Aggrieved by the aforesaid judgment of conviction

    and order of sentence, the instant appeals have been

    preferred.

    34. Learned counsel for the parties were heard.

    35. Extremely lengthy arguments were addressed by

    learned Senior Counsel representing the parties. After

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    conclusion of arguments, the appeals were initially reserved

    for judgment vide order dated 25.09.2025. However,

    subsequently, vide order dated 30.01.2026, the appeals

    were fixed for rehearing as certain clarifications were

    required on certain facts, which had emerged, while

    dictating the judgment. Thereafter, the matter was again

    reserved for judgment vide order dated 17.02.2026.

    ARGUMENTS (ON BEHALF OF THE APPELLANTS)

    36. Arguments on behalf of the appellants were

    opened by Shri R.S. Rai, Senior Advocate, who represents

    A2-Kuldeep Singh. Thereafter, Shri Ashwani Kumar Singh,

    Senior Advocate, addressed arguments on behalf of A3-

    Nirmal Singh, followed by Shri Amit Jhanji, Senior

    Advocate, who addressed arguments on behalf of A4-

    Krishan Lal. Finally, Shri R. Basant, Senior Advocate,

    addressed arguments on behalf of A1-Baba Gurmeet Singh.

    ARGUMENTS ON BEHALF OF A2 (KULDEEP)

    37. Shri R.S. Rai, Senior Advocate, representing A2

    assailed the judgment of conviction and order of sentence

    on various grounds viz., i) genesis of the occurrence and

    initial version having been suppressed by the prosecution;

    ii) arrest of A2 from the spot of the alleged incident not

    having been proved; iii) large scale fabrication of various

    documents alleged to have been prepared during the course

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    of investigation; iv) the place of occurrence not having been

    proved; v) highly defective investigation, both by Haryana

    Police and the CBI, causing great prejudice to the rights of

    the appellants; vi) no test identification parade having been

    carried out; viii) improper handling and manipulation of

    case property and viii) the entire case being riddled with

    improbabilities.

    38. Learned Senior Counsel submitted that the

    murder of Ram Chander Chhatrapati, allegedly took place

    on 24.10.2002 at about 7.45 p.m. The first informant was

    stated to be the son of the deceased, namely, Aridaman

    (PW5), who was 13 years old at the relevant time. It was

    submitted that the arrest of A2, who was alleged to have

    been arrested from the spot was formally made at 3.00 a.m.

    on 25.10.2002. Referring to the FIR (Exhibit PW30/4), it

    was submitted that the as per the same, the statement of

    Aridaman was recorded at about 9.15 p.m. and, therefore, it

    can be taken that A2 had been arrested at 8.00 p.m. It was

    submitted that the arrest memo of A2 does not mention any

    time of arrest. Further, the alleged version of the

    prosecution that A2 was initially kept at the police post

    Khaipur, is not supported by any record. It was submitted

    that there was no Daily Diary Report as regards the alleged

    detention of A2 at the police post Khaipur nor was there any

    rapat roznamcha entry.

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    39. Submitting further, learned Senior Counsel

    argued that the special report reached the Magistrate on

    25.10.2002 at 1.00 p.m. and no explanation for the same

    was given.

    40. It was submitted that despite the fact that Ram

    Chander Chhatrapati was fit to give a statement, when he

    was initially taken to Civil Hospital, Sirsa, his statement

    was not recorded. It was argued that Dr. Jai Prakash

    Chaudhary, who had duly interacted with Ram Chander

    Chhatrapati and his statement under Section 161 Cr.P.C.,

    was also recorded, was never examined as a witness,

    presumably because Ram Chander Chhatrapati, had not

    named anyone in his statement. It was also submitted that

    as is evident from the record, the Deputy Commissioner and

    Superintendent of Police, Sirsa, had also reached the

    hospital, but none of them had been examined as a witness

    and they were the best persons, who could have given the

    initial version as stated by Ram Chander Chhatrapati. In

    fact, they were never joined in investigation. It was further

    submitted that it is quite strange that FIR was registered on

    the basis of the statement of a 13-year old child, whereas

    the elder son of Ram Chander Chhatrapati, was with him in

    the hospital and his statement could have been recorded

    along with the statement of Ram Chander Chhatrapati. It

    was further submitted that despite the daughter of Ram

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    Chander Chhatrapati, also being at home at the time of

    incident, her statement was not recorded nor was she

    produced as a witness.

    41. It was further submitted that the disclosure

    statement of A2 had allegedly been recorded on 25.10.2002

    at 1.20 p.m., whereas he is stated to have been arrested at

    3.00 a.m. It was submitted that it is incomprehensible as to

    how the disclosure statement was recorded before the

    arrest.

    42. It was further submitted that both witnesses,

    PW16-Amarpal and PW17-Dharam Chand, had made

    various improvements in their statements and, therefore,

    they were unreliable witnesses. It was submitted that both

    PW3-Anshul and PW5-Aridaman, had given separate

    versions as regards the occurrence and PW5-Aridaman

    admitted that the rough site plan had not been prepared at

    his instance. It was submitted that both had given different

    spots of the alleged apprehension of A2.

    43. It was further submitted that one SI-Ram

    Chander had also recorded the statement of Ram Chander

    Chhatrapati, but the said SI was deliberately not examined.

    Reference was made to application Ex.PW29/A and opinion

    Ex.PW29/B.

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    44. Arguments were also addressed as regards the

    place from which Ram Chander Chhatrapati had gone out

    of the house and certain inconsistencies were pointed out in

    the statements of the relevant witnesses, including PW3-

    Anshul and PW5-Aridaman.

    45. It was submitted that whereas the categoric

    version of the alleged eye witnesses was that all shots were

    fired from the front, it was found during the post mortem

    examination that there were two bullet injuries at the front

    and two at the back.

    46. It was further submitted that no test

    identification parade was conducted and doc identification

    for the first time in Court was not permissible. Reiterating

    discrepancies in the ocular and medical evidence, it was

    submitted that the post mortem report clearly shows that

    there were two injuries on the front and two at the back. He

    submitted that during post mortem examination, one bullet

    was taken out and one was strangely recovered from the

    underwear of the deceased. It was submitted that it is

    incomprehensible as to how a bullet could have been

    recovered from the underwear. It was further submitted

    that bullets recovered did not match with the weapon.

    Reference was made to the statement of PW9-Dr. Praveen

    Kumar Singh and document Exhibit PW9/13, where it was

    stated that there were four foreign articles in the body of the

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    deceased. Referring to the recovery memos and the seals on

    the parcels, detailed arguments were addressed and it was

    submitted that if one closely examines the documents, it

    emerges that the bullets and the weapon of offence had not

    been tested in the FSL and false reports had been

    submitted. It was submitted that when the containers of

    bullets were opened before the trial Court, they contained

    the seals of AIIMS, meaning thereby that they had never

    been opened in FSL. It was also argued that it was

    impossible to put signatures on bullets and that the

    statement given by PW28-L.S. Yadav in this regard, is,

    therefore, false. Reference was made to the statements of

    PW33-ASI Ram Niwas, PW27-Dr. K.P.S. Kushwaha and

    PW28-L.S. Yadav, PW12- SI Devinder Singh, PW30-DSP

    Vijay Singh etc. in this regard.

    47. It was also argued that the bullets which had

    been recovered, could not have been fired from a 0.32 bore

    revolver. It was submitted that it was also very strange that

    A2 had allegedly been apprehended without the weapon of

    offence and if A2 had fired from the weapon, how the

    weapon shifted to other person. It was submitted that no

    evidence as regards fingerprints at the revolver alleged to

    have been used in the occurrence was led. It was also

    submitted that PW16-Amarpal and PW17-Dharam Chand,

    did not refer to any eye witness account. In support of his

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    contentions, learned Senior Counsel, placed reliance upon

    Allarakha Habib Memon and others Vs. State of Gujarat,

    2024 SCC OnLine SC 1910; Krishna Reddy and others Vs.

    State of Karnataka, 1994(2) Crimes SC 1110; Yudhishtir Vs.

    State of Madhya Pradesh, (1971)3 SCC 436; Awadhesh and

    another Vs. State of Madhya Pradesh, AIR 1988 SC 1158;

    Satguru Singh Vs. State of Punjab, (1995) AIR SC 2449;

    Kailash Gour and others Vs. State of Assam, (2012)2 SCC

    34; State of Haryana Vs. Suresh and others, 1996

    SCCOnline P&H 400; State of Uttar Pradesh Vs. Wasif

    Haider and others, 2019(2) SCC 303; Syed Ibrahim Vs.

    State of A.P. and others, (2006)10 SCC 601; Manoj Vs. State

    of M.P., through P.S. Keolari 2022 SCCOnline (MP) 5134;

    Shingara Singh Vs. State of Haryana and another, (2013)12

    SCC 758; Dharam Singh Vs. State of U.P., 1962 SCC Online

    SC 340; State of Uttarakhand Vs. Darshan Singh, (2020)12

    SCC 605; Mathura Yadav @ Mathura Mahato and others

    Vs. State of Bihar, (2002)6 SCC 451; Kanan and others Vs.

    State of Kerala, (1979)3 SCC 319; Ramesh Vs. State of

    Karnataka, (2009)15 SCC 35; Noorahammad & Ors. Vs.

    State of Karnataka, (2016)3 SCC 325 and Aslam @ Guddu

    Vs. State, Crl. Appeal No.517/1998 decided on 20.04.2015.

    48. Summing up, learned Senior Counsel submitted

    that the trial Court did not consider the matter from the

    correct perspective and did not give detailed findings on the

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    aforesaid issues, despite the same having been specifically

    raised.

    ARGUMENTS ON BEHALF OF A3 (NIRMAL SINGH)

    49. Shri Ashwani Kumar Singh, learned Senior

    Counsel, representing A3 submitted that many of the

    arguments advanced by Mr. R.S. Rai, Senior Advocate, on

    behalf of A2, were being adopted by him. In addition, he

    submitted that A3 was not known to any of the witnesses

    and that he was not apprehended at the spot as a result of

    which, doc identification would not be sustainable.

    50. It was submitted that the incident had taken

    place on 24.10.2002 and PW3-Anshul was examined on

    08.08.2009, whereas PW5-Aridaman, was examined on

    05.03.2010. It was submitted that it is incomprehensible as

    to how after so much time, the witnesses could give the

    exact details of the incident. It was submitted that under

    the circumstances, it stands proved that the said witnesses

    were tutored and were not eye witnesses.

    51. Learned Senior counsel referred to certain

    contradictions in the statements of PW3-Anshul ad PW5-

    Aridaman. It was submitted that the story of arrest of A3

    and recovery of the weapon from him is in fact, a sham and

    only paper work as regards the same was done. Reference

    was made to the findings recorded in Paras 116 and 143 of

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    the judgment of conviction. It was submitted that the trial

    Court wrongly rejected the argument that from the news

    item Exhibit DA/1, which had appeared in `Pura Sach’ on

    25.10.2002, it had been reported that the assailants had

    been arrested. Even the names of the assailants had been

    given in the said news item. It was submitted that once

    such a news item had appeared on 25.10.2002, it is

    incomprehensible as to how A3 was shown to have been

    arrested on 26.10.2002 and in case, he had been arrested

    on 26.10.2002, how the news item appeared on 25.10.2002.

    It was submitted that the trial Court erred in not properly

    appreciating and holding that the news item was not

    admissible in evidence. It was further submitted that it is

    quite strange that on the alleged nakabandi done by the

    police on 26.10.2002, no other vehicle was checked and

    only one car was checked from which A3 was arrested.

    52. Reference was also made to the statements of

    PW19-Vishwajit; PW3-Anshul and PW23-Diwan Singh, in

    this regard. It was submitted that the news item was duly

    admissible in evidence as PW19 had duly stated about the

    same and being the Editor, he had verified and then

    published the report. It was submitted that this would be a

    relevant fact in terms of the provisions of Section 6 of the

    Evidence Act.

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    53. It was submitted that the trial Court had

    observed that since the recovery of the revolver had been

    made in the presence of independent witnesses, it could not

    be doubted. Reference was made to the recovery memo of

    the revolver, wherein three witnesses i.e., PW21-Lekh Raj;

    ASI Budh Singh and one Roop Kumar, were stated to have

    witnessed the said recovery. Roop Kumar, who was the

    nephew of the victim, was not examined. ASI Budh Singh,

    could not have been said to be independent. As regards

    PW21-Lekh Raj, his statement was recorded, but the said

    statement makes it clear that he was not an independent

    witness.

    54. It was submitted that it was highly doubtful as to

    whether PW3-Anshul and PW5-Aridaman, had actually

    witnessed the occurrence and from the evidence, it comes

    out that they were not eye witnesses and actually it was a

    blind murder. Detailed reference was made to the

    statements of both witnesses and contradictions were

    pointed out in the same. Reference was also made to the

    map (Exhibit PW18/A). It was submitted that the moment,

    a doubt is created in the case of the prosecution, the benefit

    of the same has to go to the accused. It was submitted that

    record had been fabricated during the course of

    investigation with impunity.

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    55. Concluding the arguments, it was submitted that

    the original version of the incident had been suppressed;

    the FIR is barred by the provisions of Section 162 Cr.P.C.;

    the arrest of A3 and recovery of revolver etc., from him did

    not stand proved and all documents were prepared while

    sitting in the office; the forensic evidence was shaky; no test

    identification parade had been conducted and that the

    prosecution had miserably failed to prove its case against

    the accused. It was also submitted that the trial Court did

    not consider the matter from the correct perspective and

    recorded erroneous findings, while accepting the version of

    the prosecution.

    56. In support of his contentions, learned Senior

    Counsel relied upon Allarakha Habib Menon and Others Vs.

    State of Gujarat, (2024)9 SCC 546; Virendra Vs. State of

    M.P. (SC), 2002 SCC Online SC 857; Laxmi Raj Shetty &

    another Vs. State of T.N. (SC), (1988)3 SCC 319; Quamarul

    Islam Vs. S.K. Kanta & Others, 1994 Supp(3) SCC 5;

    Munshi Prasad Vs. State of Bihar, (2002)1 SCC 351;

    Thammaraya & Another Vs. State of Karnataka, (2025)3

    SCC 590; Ramesh Vs. State of Karnataka, (2009)15 SCC 35;

    Noorahammad & Others Vs. State of Karnataka, (2016)3

    SCC 325; Mohanlal Gangaram Gehani Vs. State of

    Maharashtra, (1982)1 SCC 700; Kali Ram Vs. State of H.P.,

    (1973) 2 SCC 808; Meharaj Singh (L/Nk) Vs. State of U.P.,

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    (1994) 5 SCC 188; Mani Ram & Others Vs. State of U.P.,

    1994 SCC (Criminal) 1242; Ram Narain Singh Vs. State of

    Punjab, (1975)4 SCC 497; Takhaji Hiraji Vs. Thakore

    Kubersing Chamansing and others, (2001)6 SCC 145;

    Tomaso Bruno and another Vs. State of Uttar Pradesh,

    (2015)7 SCC 178 and Ramesh Chandra Agrawal Vs.

    Regency Hospital Limited and others, (2009)9 SCC 709.

    ARGUMENTS ON BEHALF OF A4 (KRISHAN LAL).

    57. Shri Amit Jhanji, learned Senior Counsel,

    addressed arguments on behalf of A4. It was submitted that

    he was never named in the FIR. He submitted that he was

    not present at the place of occurrence. Even as per the case

    of prosecution, A2-Kuldeep Singh was arrested on

    25.10.2002, but he did not name A4. It was submitted that

    name of A4 appeared for the first time in the disclosure

    statement of A3. It was submitted that call detail records of

    A2 had allegedly been obtained and it found mentioned in

    the report submitted under Section 173 Cr.P.C., but the

    said call details were never attached with the same.

    58. It was submitted that A4 had allegedly visited the

    office of Ram Chander Chhatrapati 15 days prior to the

    incident and had threatened him to stop publishing news

    against the Dera. It was allegedly so disclosed by one

    Narinder Parekh to PW3-Anshul. However, no such

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    allegations appeared in the FIR; the supplementary

    statement or any other prior statement of PW3-Anshul,

    before the investigating agency. No such version was there

    in the petition filed before the High Court nor was it

    published in the newspaper `Pura Sach’. It was submitted

    that had such threats been extended , it would have been

    reported in the newspaper(s) as all such other threats and

    attacks were regularly being reported. It was submitted that

    the said Narinder Parekh, who had allegedly disclosed to

    PW3-Anshul about A4 having visited the office of Ram

    Chander Chhatrapati, was not examined as a witness and,

    therefore, under the circumstances, no reliance could be

    placed upon the said fact. Still further, no complaint as

    regards the said incident was lodged with the police or with

    any other competent authority. It was submitted that under

    the circumstances, it would be taken to be an improvement

    in the case of the prosecution aimed at implicating the

    accused.

    59. It was also submitted that whatever was allegedly

    submitted by Narinder Parikh and PW3-Anshul, was simply

    hear say evidence at the best, which was no evidence in the

    eyes of law.

    60. As per the disclosure statement alleged to have

    been suffered by A2, A3 and A4, A4 had allegedly provided

    a 0.32 bore revolver; 12 cartridges; scooter; walkie-talkie set

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    and a car to the assailants. It was submitted that everything

    as regards the aforesaid proved to be false. As regards

    bullets, revolver etc., arguments addressed by Shri R.S. Rai,

    Senior Advocate and Shri Ashwani Kumar Singh, Senior

    Advocate, were adopted. As regards the Scooter, it was

    submitted that the same had never been produced in Court

    nor had been identified by any of the witnesses and in any

    case was not owned by A4. As regards the walkie-talkie set,

    it was submitted that there was no connection of A4 with

    the said walkie-talkie set and it was not proved that the

    said walkie-talkie set had been delivered to A4. One

    witness-Gobhi Ram, during the course of investigation,

    stated about the same, but he was not examined as a

    witness. It was submitted that the delivery of the said

    walkie-talkie set by A4 to A2 and A3, was also not proved

    since there were two theories regarding the same, one of

    which stated that it was delivered on 23.10.2002, whereas

    the other stated that it was delivered on 24.10.2002. It was

    submitted that there was no allegation of any walkie-talkie

    set having been used or even possessed at the time of

    occurrence. It was further submitted that there was no

    evidence that the walkie-talkie set was connected to the

    wireless licence issued in the name of the Dera. It was also

    submitted that none of the articles alleged to have been

    recovered, had been identified by the witnesses and without

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    the same, they could not have been connected with the

    crime.

    61. It was submitted that there was no evidence to

    the effect that A4 was the Prabandhak of the Dera.

    Reference was made to the statement of PW31-Khatta Singh

    in this regard. In support of his contentions, Shri Jhanji

    relied upon Yudhishtir Vs. State of Madhya Pradesh,

    (1971)3 SCC 436; State Vs. Sait, (2008)15 SCC 440; Sunil

    Kumar Sambhudayal Gupta (Dr.) and others Vs. State of

    Maharashtra, (2010)13 SCC 657; Kalyan Kumar Gogoi Vs.

    Ashutosh Agnihotri and another, (2011)2 SCC 532; Aslam

    @ Guddu Vs. State, Crl. A. No. 517/1998 decided on

    20.04.2015; Modan Singh Vs. State of Rajasthan, AIR 1978

    SC 1511 and Thammaraya & Another Vs. State of

    Karnataka, (2025)3 SCC 590.

    ARGUMENTS ON BEHALF OF A1 (BABA GURMEET RAM)

    62. Shri R. Basant, learned Senior Counsel,

    representing A1, assailed the impugned judgment of

    conviction and order of sentence, primarily on the grounds,

    viz., A1 had no motive against the deceased; his alleged

    previous enmity with the deceased and his role in the

    conspiracy. It was submitted that the charge of conspiracy

    did not stand proved and that there was only one witness

    i.e. PW31-Khatta Singh, who deposed on the allegations of

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    conspiracy, but the said witness was a totally unreliable

    witness, whose statement could not have been relied upon,

    under any circumstance.

    63. It was submitted that upto para 121, the

    impugned judgment of conviction deals with the other

    accused and only from paras 122 to 146, it deals with A1. It

    was also submitted that evidence against the other accused

    could not have been taken against A1 as the only allegation

    against A1 was of having entered into a conspiracy to

    murder Ram Chander Chhatrapati.

    64. Giving a background of the Dera, it was

    submitted that the Dera came into existence in 1948 and

    A1 was its 3rd head with effect from 1990. It was submitted

    that it all started with the report of the District Magistrate,

    Sirsa on 28.09.2002, which was referred to by DW12-

    Jitender about an anonymous letter dated 08.05.2002

    having been written to the Prime Minister of India.

    Publication of this anonymous complaint was made in two

    National Dailies i.e. Amar Ujala on 17.05.2002 and Punjab

    Kesari on 19.05.2002. In so far as Ram Chander

    Chhatrapati is concerned, publications were made against

    many persons and not only against A1. It was submitted

    that after the initial publications by Ram Chander

    Chhatrapati, members of the Tarksheel Society, were taken

    to task by the Dera followers on 06.06.2002. As submitted

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    by PW-37, the office of the publication was allegedly

    attacked.

    65. It was submitted that on 24.09.2002, the High

    Court directed the CBI to investigate the matter pursuant to

    which RC No.5 was registered. The High Court also directed

    the District & Sessions Judge, Sirsa to conduct an inquiry.

    District & Sessions Judge, Sirsa, in his report reported

    about the internal and external disputes.

    66. It was submitted that there were two versions

    about the conspiracy, one of which had stated that the

    conspiracy had taken place on 23.10.2002, whereas the

    other stated that it had taken place on 24.10.2002. It was

    submitted that RC No. 8 was registered with regard to the

    murder of Ranjit Singh, which allegedly took place on

    10.07.2002 and RC No.10 was recorded with regard to the

    murder of Ram Chander Chhatrapati, which took place on

    24.10.2002. It was submitted that vide order dated

    10.11.2003, the High Court had ordered transferring of the

    investigation to CBI, whereafter on 09.12.2003, the CBI re-

    registered the present case as RC No. 10. It was submitted

    that A4 was tortured by the CBI to implicate A1 as a result

    of which, A4 submitted a complaint on 20.09.2005. It was

    submitted that both RC No. 8 and RC No. 10 were being

    investigated by PW43-Dr. Armandeep Singh and PW45-Shri

    Satish Dagar and summons had been issued to them. It

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    was submitted that under the circumstances, it emerges

    that A4 was being tortured to implicate A1.

    67. It was submitted that on 26.12.2006, statement

    of Khatta Singh was recorded, who submitted that he had

    witnessed the conspiracy with regard to the murder of

    Ranjit Singh on 16.06.2002. It was submitted that when

    this statement of Khatta Singh was recorded on 26.12.2006,

    he made no mention about having witnessed the conspiracy

    with regard to the murder of Ram Chander Chhatrapati. It

    was submitted that while appearing as PW31 Khatta Singh

    had stated that he could not disclose about the said

    conspiracy on 26.12.2006 as he was under threat. It was

    submitted that if Khatta Singh could have deposed about

    the conspiracy with regard to the murder of Ranjit Singh on

    26.12.2006, it is not understood as to how he was under

    threat to not disclose about the conspiracy about the

    murder of Ram Chander Chhatrapati.

    68. It was submitted that on 29.03.2007, an

    application was moved by Khatta Singh before the CBI

    Magistrate that he had been compelled to make a

    statement about A1 and that he wanted to get his statement

    recorded under Section 164 Cr.P.C. The said application

    was dismissed, whereafter a revision was filed before the

    Court of Sessions. An application (Exhibit PW31/D2) was

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    also moved to Superintendent of Police, Sirsa, that he was

    being threatened by the CBI.

    69. It was submitted that on 28.05.2007, CBI made a

    statement before the High Court that investigation had been

    completed and final report would be submitted by

    31.05.2007 and on 21.06.2007, Khatta Singh stated that

    he was a witness to the conspiracy in this case also which

    had taken place on 23.10.2002

    70. While referring to order dated 16.04.2007, it was

    submitted that the High Court had reprimanded the CBI for

    not having completed the investigation after which PW46-M.

    Narayanan was introduced in the investigation on

    24.04.2007 and on 28.05.2007, CBI stated that field

    investigation had been completed. It was submitted that

    PW31-Khatta Singh came into picture after this statement.

    It was submitted that the CBI was in fact, taking it as a

    blind murder and it had also announced a cash reward.

    71. It was submitted that on 22.06.2007 when the

    statement of Khatta Singh was recorded under Section 164

    Cr.P.C., he submitted that he was being forced to make a

    statement against A1. DW6 recorded the statement of

    Khatta Singh. On 22.06.2007, statement of Khatta Singh

    under Section 164 Cr.P.C. was recorded and A1 was

    implicated.

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    72. It was submitted that as per the initial charge-

    sheet filed by CIA, the conspiracy took place on 24.10.2002,

    whereas per the supplementary charge-sheet, the

    conspiracy took place on 23.10.2002. It was submitted that

    after the charges had been framed on 12.12.2008, PW31

    entered the witness box from 19.05.2012 to 20.04.2013 and

    turned hostile. In 2015, he was examined in RC No.8 and

    gave his evidence against A1, whereafter, an application

    was moved for recalling PW31-Khatta Singh. The said

    application was dismissed by the trial Court, but a revision

    petition filed against the same was allowed by the High

    Court and Khatta Singh was permitted to be recalled with

    the condition that both statements would be considered.

    73. It was submitted that after this, from 05.05.2018

    to 25.08.2018, statement of Khatta Singh was again

    recorded, wherein Khatta Singh, stated that his statement

    given on 22.06.2007 was correct and the other statements

    were incorrect.

    74. It was submitted that the conviction of A1 was

    recorded solely on the basis of statement of Khatta Singh,

    which was unreliable and no reliance whatsoever, could

    have been placed upon the same.

    75. Thereafter, learned Senior Counsel referred to

    certain contradictions in the statements of the witnesses. It

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    was submitted that the trial Court did not consider the

    possibility of the followers of the Dera having attacked Ram

    Chander Chhatrapati without the involvement of A1. It was

    submitted that after the first conviction of A1, large scale

    violence took place in Panchkula, which was attributed to

    the followers of the Dera. It was submitted that fortunately

    A1 was in custody at that time, otherwise, he would have

    been held to be responsible for the said crime also.

    Learned Senior Counsel submitted that this alone is

    sufficient to prove that any acts committed by the followers

    of the Dera could not be said to have been committed

    pursuant to a conspiracy having been hatched by A1.

    76. It was submitted that there was no evidence as

    regards A2 and A4 having been employed by the Dera.

    Reference was made to the statement of PW30-Vijay Singh

    in this regard.

    77. As regards the news item published in `Pura

    Sach’, it was submitted that the same was simply a

    repetition of the news items being published by other

    National Dailies. Reference was made to Exhibit PW3/1 and

    other documents available on record, in this regard.

    78. It was submitted that the allegation is that the

    conspiracy was hatched after seeing the publication

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    PW3/14, whereas no conspiracy could have been hatched

    pursuant to the same.

    79. It was submitted that the trial Court should not

    have accepted evidence of PW31 because the incident took

    place on 24.12.2002. Initially, the charge sheet against A1

    to A4 was filed by CIA and RC-10 was registered on

    10.11.2003. Khatta Singh came into picture for the first

    time on 26.12.2006 when his statement was recorded in

    RC-8 and only on 21.06.2007, he stated about the present

    case. Reference was made to judgment of Vadivelu Thevar

    Vs. State of Madras, AIR 1957 SC 614 and the judgment

    in the case (2023) 10 SCC 451, wherein the judgment in

    Vadivelu‘s case was referred. It was submitted that PW31-

    Khatta Singh, belongs to the third category as per the

    categories laid down by the Hon’ble Supreme Court in the

    aforesaid judgment.

    80. It was submitted that Khatta Singh had stated

    that his signatures had been obtained on blank papers and

    if the said documents are perused, it emerges that the

    documents are not such on which signatures could not

    have been obtained on blank papers. Reference in this

    regard is made to documents Exhibits DW31/DA and

    DW31/C. It was submitted that the evidence of Khatta

    Singh, who had changed his version multiple times, cannot,

    therefore, be relied upon.

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    81. It was also submitted that despite the fact that

    the jurisdictional CBI Court was at Ambala, statement of

    Khatta Singh under Section 164 Cr.P.C. was recorded on

    22.06.2007 before the Duty Magistrate, Chandigarh, for

    which, the CBI had no explanation. In fact, CBI avoided the

    jurisdictional Court at Ambala. It was submitted that

    Khatta Singh had levelled the allegations against CBI and

    the manner in which PW43 and PW46 had intimidated

    PW31 to give statement. It was submitted that it was under

    these circumstances that Khatta Singh was not taken to

    Ambala and his statement was got recorded at Chandigarh.

    82. It was submitted that in fact, Khatta Singh, in a

    way was an accomplice as per the case of prosecution, and,

    therefore, independent corroboration was required. In

    support his contentions, learned Senior Counsel relied upon

    Param Hans Yadav and Sadanand Tripathi Vs. State of

    Bihar and others, (1987)2 SCC 197; Saju Vs. State of

    Kerala, (2001)1 SCC 378; Girja Shankar Misra Vs. State of

    U.P., 1994 Supp(1) SCC 26; P.K. Narayanan Vs. State of

    Kerala, 1995(1) SCC 142; State of M.P. Vs. Kriparam,

    (2003)12 SCC 675; Shahid Khan Vs. State of Rajasthan,

    (2016)4 SCC 96; Harbeer Singh Vs. Sheeshpal and others,

    (2016)16 SCC 418; Agniraj and others Vs. State through

    Deputy Superintendent of Police, CB-CID 2025 SCC OnLine

    SC 1203; Jarnail Singh Vs. State of Punjab, (2009)3 SCC

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    391; Vikramjit Singh alias Vicky Vs. State of Punjab,

    (2006)12 SCC 306; Suraj Mal Vs. State (Delhi

    Administration), (1979)4 SCC 725; Sharnappa Mutyappa

    Halke Vs. State of Maharashtra, AIR 1964 SC 1357;

    Central Bureau of Investigation Vs. Bibi Jagir Kaur and

    others, 2018 SCC OnLine P&H 1959; Pradeep Kumar Vs.

    State of Haryana,(2024)3 SCC 324; Sunil Kumar

    Sambhudayal Gupta (Dr.) and others Vs. State of

    Maharashtra, (2010)13 SCC 657; Vadivelu Thevar Vs. State

    of Madras, AIR 1957 SC 614; Khema alias Khem Chandra

    and others Vs. State of U.P., (2023) 10 SCC 451; Lachhi

    Ram Vs. State of Punjab, 1966 SCC OnLine SC 92; Sarwan

    Singh Vs. State of Punjab, 1957 SCC OnLine SC page 1;

    Kashmira Singh Vs. State of M.P. (1952)1 SCC 275; Anter

    Singh Vs. State of Rajasthan, (2004)10 SCC 657; Kusal

    Toppo & Another Vs. State of Jharkhand, (2019)13 SCC

    676; Thammaraya & Another Vs. State of Karnataka,

    (2025)3 SCC 590; R. Shaji Vs. State of Kerala, (2013)14

    SCC 266; R. Palanisamy Vs. State by Inspector of Police,

    2013 SCC OnLine Mad 1467; S. Arul Raja Vs. State of T.N.,

    (2010)8 SCC 233; Natwarlal Sakarlal Mody Vs. The State of

    Bombay, 1961 SCC OnLine SC page 1; Central Bureau of

    Investigation Vs. V.C. Shukla and others, 1998(3) SCC 410;

    State of Maharashtra Vs. Damu and others, 2000(6) SCC

    269; Habeeb Mohammed Vs. Hyderabad, (1953)2 SCC 231

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    and Babubhai Bhimabhai Bokhiria and another Vs. State of

    Gujarat and others, (2014)5 SCC 568.

    ARGUMENTS ON BEHALF OF CENTRAL BUREAU OF

    INVESTIGATION

    83. Initiating arguments on behalf of the Central

    Bureau of Investigation (CBI), Mr. Akashdeep Singh,

    Advocate, submitted that the arguments advanced by

    learned counsel for the appellants as regards the scientific

    evidence viz., seals on parcels, the bullets and the weapon

    used, the reports of FSL, etc., do not, in any manner benefit

    the appellants.

    84. Coming to the arguments raised as regards seals

    on various parcels, it was submitted that if one examines

    the ocular and the documentary evidence led on the record

    of the case, it emerges that the chain was complete and

    there had been no manipulation and laxity either on the

    part of the investigating agency or on the part of the

    Doctors.

    85. Referring first to Exhibit PW5/7, which was the

    recovery memo of a bullet, it was submitted that it is duly

    mentioned in the said recovery memo that the parcels

    containing trousers, belt and shirt of the injured Ram

    Chander Chhatrapati had the impression of mortuary and

    the parcel containing the bullet in a plastic container also

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    had the impression of stamp of the mortuary. It was

    submitted that the said parcel reached the FSL with the

    seal of mortuary and after having been examined in FSL, it

    was signed by PW28-L.S. Yadav, Assistant Director, FSL,

    Madhuban. He duly stated in his statement that the parcel

    containing a glass vial containing .32 inch fired bullet

    marked as BC/2, bore his signatures. He also deposed that

    the parcel also contained one original packing of the vial

    with the seal of mortuary of Civil Hospital, Sirsa. Further,

    reference was made to the statement of PW28-L.S. Yadav

    that he had mentioned in his report about the description of

    the seal on parcel Nos. 6 and 7 and that they had the seals

    of Doctor as well.

    86. Learned counsel submitted that learned counsel

    representing the appellants had picked up isolated parts of

    the statements and documents with a view to make out a

    case that there was manipulation with the case property,

    whereas actually if one reads the documentary as also the

    ocular evidence in conjunction with each other, it emerges

    that there was no manipulation. Referring further to the

    statement of PW28-L.S. Yadav, it was submitted seal on the

    parcel had not been broken.

    87. Similar arguments were advanced with respect to

    the other seals, for example, the seal on the weapon `BS’,

    which reached the FSL with the seal `BS’ and was opened in

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    the Court with the seal of `BS’ and different seals. Reference

    in this regard was again made to the statement of PW28-

    L.S. Yadav.

    88. Another argument was raised by learned counsel

    that what normally happens is that the parcel is cut from

    the side so that the seal affixed by the previous authorities

    remains intact and then the same is re-sealed with the seal

    of the checking/attesting authorities as a result of which,

    the seal of the previous authorities remains intact. It was

    also submitted that these arguments as regards the seals,

    had never been raised before the trial Court and have been

    raised for the first time before this Court in appeal.

    89. As regards the size of the bullet, it was submitted

    that the weapon of offence was a .32 bore Indian Ordinance

    Factory made revolver which had a bullet of .32 inches

    bore, which comes to 0.81 centimetre. As regards the

    argument that the bullet should have been deformed, it was

    submitted that deformation could be due to touching of

    bone. It was submitted that the bullets in question were

    lapua bullets, which was duly so stated by the FSL. It was

    submitted that the lapua bullet was a flat head bullet and

    PW28-L.S. Yadav stated that both bullets i.e., the one

    recovered from the body and another from the underwear,

    were lapua bullets and, therefore, the arguments advanced

    by learned counsel for the appellants are devoid of merit.

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    90. As regards the argument that once the version of

    the complainant and the prosecuting agency was that the

    shots had been fired at Ram Chander Chhatrapati from the

    front, whereas the documentary evidence shows that some

    had been fired from the front and some from the back. It

    was submitted that when someone opens a fire upon a

    person, as a natural tendency, the person ducks or turns

    around with a view to escape and under the circumstances,

    he may be struck by the bullets on the front as well as on

    the back. Learned counsel referred to the X-ray report and

    other documents on record, including the pictorial diagram

    and submitted that no benefit could be granted to the

    appellants on account of the fact that few wounds were

    found on the front whereas the others were found on the

    back of Ram Chander Chhatrapati.

    91. As regards the argument that certain bullets had

    not been found, it was submitted that it was the consistent

    stand of the prosecuting agency that there were two bullets

    inside the body and out of the same, one bullet had been

    recovered as per the Post Mortem Report (Exhibit PW10/B).

    He submitted that since the spinal column was not opened,

    the other bullet was not recovered and only one bullet was

    recovered from the lung. It was submitted that since the

    area where the incident had taken place had also been

    compromised, some bullets which did not enter the body

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    may have been removed from the spot as there was an

    injury on the body but the corresponding bullet was not

    found.

    92. Coming to the argument as to why the statement

    of Ram Chander Chhatrapati or that of his son Anshul

    Chhatrapati, who was accompanying him, was not recorded

    immediately, reference was made to the Bed Head Ticket

    (Exhibit PW6/C), which shows that Ram Chander

    Chhatrapati, was wheeled into the Civil Hospital, Sirsa on

    24.10.2002 at about 8.15 p.m. and was referred to PGIMS,

    Rohtak at about 9.15 p.m. It was submitted that during

    this one hour when the patient, as per the Medico Legal

    Report, was crying in pain and had to be administered one

    injection after the other, it was not possible to record the

    statement of the injured or his son, especially when within

    one hour, the patient was referred to PGIMS, Rohtak.

    Reference was made to the application (Exhibit PW6/E),

    which was moved by the incharge of the Police Post,

    Khairpur to the Medical Officer, Government Hospital,

    Sirsa, seeking his opinion as regards the condition of the

    injured for giving the statement. On this application moved

    on 24.10.2002 itself, opinion Exhibit PW6/F was given that

    the patient had been referred to PGIMS, Rohtak for further

    management. It was submitted that this clearly shows that

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    no time was lost in taking the version of the injured or his

    son.

    93. As regards the medical condition of the injured,

    while he was admitted in PGIMS, Rohtak, reference was

    made to the statement of PW8-Dr. Rajinder Kumar

    Karvasara, Head of the Department of Surgery, PGIMS,

    Rohtak.

    94. As regards the non-examination of Dr. J.P.

    Chaudhary, it was submitted that the injured had only

    given his history to the said Doctor and he was otherwise

    examined by PW6-Dr. Dale Singh, who was duly examined

    as a witness. In his statement to the police, it was stated by

    Dr. J.P. Chaudhary, that he was a Surgeon in the hospital

    and he had been called by Dr. Dale Singh. It was submitted

    by learned counsel that Dr. J.P. Chaudhary, would at best

    have given details of the injuries suffered by Ram Chander

    Chhatrapati and, therefore, his non-examination did not

    cause any dent in the case of the prosecution.

    95. As regards the statement of Ram Chander

    Chhatrapati having been recorded by SI Ram Chander, it

    was submitted that a lie detector/polygraph test was

    conducted upon SI Ram Chander and his responses were

    found to be deceptive and it was under these circumstances

    that he was not examined as a witness. It was submitted

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    that sometimes, the witnesses are also compromised and

    such witnesses are not required to be examined by the

    prosecution. However, on a query raised by the Court as to

    whether the witness (SI Ram Chander) had been given up

    as having been won over or being unnecessary, learned

    counsel submitted that he had been given up as being

    unnecessary.

    96. As regards a DDR having not been registered

    when Kuldeep Singh was taken to the police post, it was

    submitted that the situation was highly volatile and there

    were lot of activities going on and a mob had reached the

    hospital. The entire police had been sent into a tizzy and,

    therefore, a DDR might not have been recorded. It was

    submitted that on account of non-recording of DDR, no

    benefit could be extended to the appellants as the same

    does not go to the root of the matter and in any case, the

    case of the prosecution would not fall to the ground only on

    this account.

    97. It was submitted that the most natural version of

    the incident came from the statement of Aridaman, who was

    the son of Ram Chander Chhatrapati and had witnessed the

    incident.

    98. As regards the newspaper reports regarding the

    arrest of Nirmal Singh, it was submitted that no reliance

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    could be placed upon such reports as the same were not

    proved in accordance with law. It was submitted that the

    reporters of the said reports, namely, Amit Krishan Tiwari

    and Naresh Arora, were not examined and, therefore, no

    reliance could be placed upon such reports. It was

    submitted that this aspect was duly considered by the trial

    Court and submissions made by the defence were rightly

    turned down. It was also submitted that once Kuldeep

    Singh had been arrested from the spot, who was stated to

    be the pillion rider on the motorcycle, the police party would

    have naturally seen the driver of the motorcycle as they

    were at a very close distance from each other and, therefore,

    for Kuldeep Singh to say in his statement under Section

    313 Cr.P.C. that the story of the Naka having been laid, was

    false, was of no relevance.

    99. Upon a query having been put by the Court as to

    how PW23-Diwan Singh had stated that Nirmal Singh had

    been arrested on 25.10.2002, no satisfactory response was

    forthcoming. It was then submitted by learned counsel that

    in fact, Diwan Singh was not associated with the

    investigation before 30.10.2002 and, therefore, it is not

    understood as to how he could have said that the revolver

    was recovered on 25.10.2002.

    100. It was submitted that the licence for walkie-

    talkies had been given by the Government of India and it

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    mentioned two fixed sets and six handheld sets (Exhibit

    MO/C). It was submitted that the licence was in the name

    of Dera Sacha Sauda. It was also submitted that the arms

    licence was in the name of Krishan Lal, who was shown to

    be a resident of Dera Sacha Sauda, in the licence.

    101. As regards the Test Identification Parade (TIP), it

    was submitted that the evidentiary value of the evidence led

    on the record had to be seen and conduct of TIP was not a

    matter of right. It was submitted that when Kuldeep Singh

    was arrested from the spot, the police personnel; Anshul

    and Aridaman had an occasion to closely see both Kuldeep

    Singh and Nirmal and, therefore, the TIP was not required.

    It was also submitted that the photographs of these persons

    were visible in the magazine and, therefore, there was no

    need to conduct the TIP. It was submitted that even

    otherwise, mere non-holding of a TIP would not demolish

    the case of the prosecution.

    102. As regards the arguments that no time of arrest

    of Kuldeep Singh was mentioned in the arrest memo, it was

    submitted that the said document had not been produced

    in evidence and, therefore, it could not be referred to nor it

    could be looked into.

    103. Shri Ravi Kamal Gupta, Advocate, addressed

    arguments as regards the role of A4 and A1 and also the

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    statement given by PW31-Khatta Singh. As regards A4, it

    was submitted that he had been arrested at Ferozepur on

    28.10.2002. Reference was made to his production warrant

    (Exhibit PW31/1). Reference was then made to the

    statement of PW31-Khatta Singh. It was submitted that the

    role of A4 becomes clear as the licenced weapon was in his

    name and in the said licence, he had been shown to be a

    resident of Dera Sacha Sauda. Reference was made to

    document Exhibit PW28/1, which was the report of Dr.

    L.S. Yadav as regards fire arms etc., which was in the name

    of A4.

    104. Reference was also made to the deposition of

    PW30-Vijay Singh, who submitted that in all documents,

    the address of A4 was mentioned as resident of Dera Sacha

    Sauda. Reference was made to Exhibits PW14/A and

    PW14/B and other documents. It was submitted that it

    was not the case of A4 that his weapon had been lost or

    stolen and he could not explain as to how his licenced

    weapon had been used in the crime. It was submitted that

    on account of this also, an adverse inference deserves to be

    drawn against A4.

    105. It was submitted that there were two witnesses,

    namely, Kala Singh and Gurcharan Singh, who could have

    further deposed about the role of A4, but the said witnesses

    had been given up as having been won over.

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    106. As regards A1, it was submitted that there was

    clinching evidence on record to prove that he was a part of

    the conspiracy. Reference was made to the statement of

    PW31-Khatta Singh, who was the ex driver of A1 and a

    witness of the conspiracy. Apart from this, he was also a

    victim of castration and Khatta Singh, apart from having

    deposed in the present case, also deposed in the case of

    murder of Ranjit Singh, as also in the castration case. It

    was submitted that Khatta Singh resiled from his statement

    because he was under consistent threats from A1 and the

    Dera Sacha Sauda but after A1 was convicted in 2017,

    Khatta Singh mustered the courage to give his correct

    statement. It was submitted that if one examines the

    statement of Khatta Singh in detail along with other

    documents on record, it emerges that the statement of

    Khatta Singh is worthy of reliance. Reference was made to

    Para No. 134 of the judgment where the trial Court had

    dealt with the said issue. It was submitted that no fault can

    be found with the said finding.

    107. As regards the revision petition etc. and the

    request for recording 164 statement made by Khatta Singh,

    it was submitted that Khatta Singh had clearly stated that

    he had not filed any revision petition and his signatures

    were obtained on blank papers. Reference was also made to

    the cross-examination of DW-1 Roshan Lal Aggarwal,

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    Notary Public, District Courts, Ambala. Reference was also

    made to the affidavit of Khatta Singh (Exhibit P.31/DB) to

    submit that the said affidavit be compared with the

    deposition of PW37-Madan Bansal, which would clarify the

    entire thing.

    108. As regards the recording of statement of Khatta

    Singh under Section 164 Cr.P.C. at Chandigarh, it was

    submitted that the said statement could have been recorded

    anywhere and that it was not essential that the same was to

    be recorded only at Ambala. It was submitted that after A1

    had been convicted on 25.08.2017 in a rape case, Khatta

    Singh had filed an application on 14.09.2017 that he

    wanted to give his statement. Accordingly, an application

    had been moved under Section 311 Cr.P.C., which was

    dismissed by the trial Court, but was allowed by the High

    Court vide order dated 23.04.2018 and an SLP against the

    said order was dismissed on 04.05.2018. Reference was

    made to paragraph Nos. 130 and 131 of the trial Court

    judgment, which deal with the said issue. Learned counsel

    submitted that no interference was called for in the said

    findings because Khatta Singh had given his actual

    statement when he subsequently entered the witness box

    again on 23.04.2018.

    109. As regards the argument that when Khatta Singh

    gave his statement against A1 in RC No. 8 pertaining to the

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    murder of Ranjit Singh on 26.12.2006 why he did not give

    his statement as regards the conspiracy in the present case,

    it was submitted that the same was clarified by Khatta

    Singh himself in his cross-examination as he stated that he

    was under a severe threat and fear from A1 and that he had

    made a statement before Armandeep Singh, only when he

    was assured of the security of his family. Reference was also

    made to the statement of PW43-Dr. Armandeep Singh.

    110. As regards A1, it was submitted that from the

    evidence of Khatta Singh, it becomes clear that the

    conspiracy was hatched by A1 as the news item regarding

    sexual exploitation of Sadhvis was published and therefore,

    no other person had an occasion to kill Ram Chander

    Chhatrapati. It was submitted that A2 and A3 as also A4

    were not shown to have any enmity with Ram Chander

    Chhatrapati and, therefore, did not have any motive to kill

    him. It was submitted that Ram Chander Chhatrapati had

    been writing to the Superintendent of Police, Sirsa, to

    provide him security as he was being threatened by the

    Dera Sacha Sauda persons.

    111. It was also submitted that the statement of Ram

    Chander Chhatrapati given to Anshul that A4 had come to

    his office and had threatened him that if publishing of any

    news item against the Dera was not stopped, then under

    the order of A1, he would be lifted (jis din maharaj ka hukm

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    hoga, us din tere ko utha lenge), amounts to a dying

    declaration and an oral dying declaration is admissible in

    evidence.

    112. It was submitted that conspiracies are always

    hatched in secrecy and seldom would direct evidence be

    available thereof. It was submitted that from the evidence

    led on record of the case, it becomes manifestly clear that

    the conspiracy to kill Ram Chander Chhatrapati, was

    hatched by A1.

    113. It was also submitted that Sohna Ram, father of

    Ram Chander Chhatrapati, had been writing to the

    administration that the life of his son was under threat.

    However, since he expired thereafter, no further

    communications by him were there.

    114. On the issues of motive and criminal conspiracy,

    it was submitted that both were interlinked and the

    provocative publications were against A1 and, therefore, the

    motive to kill Ram Chander Chhatrapati was there with A1.

    Reference was made to paragraphs No. 120 to 132 of the

    impugned judgment and it was submitted that the trial

    Court dealt with the issues in a proper manner and

    examined the matter from the correct perspective and no

    interference is, therefore, called for.

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    115. Reference was also made to Section 8 of the

    Indian Evidence Act and it was submitted that motive,

    preparation, previous and subsequent conduct, all were

    duly proved. It was submitted that there was a duty cast

    upon A1 to stop his disciples/supporters from taking law

    into their hands and since it has not come on record that he

    had made any effort to stop them, he would be said to be a

    part of the conspiracy. Reference was made to the

    statements of PW1-Balwant Singh; PW2-Raja Ram

    Handaya; PW3-Anshul Chhatrapati; PW4-Raj Kumar Saini;

    PW5-Aridaman; PW19-Vishwajeet; PW21-Lekh Raj and

    PW37-Madan Bansal.

    116. Reference was also made to Section 10 of the

    Evidence Act. While referring to the judgment of the three-

    Judge Bench of the Hon’ble Supreme Court in Bhagwan

    Swarup Lal Bishan Lal Vs. The State of Maharashtra,

    1965 AIR SC 682, it was reiterated that direct evidence is

    difficult to gather and, therefore, the statement of Khatta

    Singh, who was an eye witness to the conspiracy, deserves

    to be accepted.

    117. As regards the argument that the charge of

    conspiracy mentioned the conspiracy having been hatched

    on 24.10.2002, whereas after the investigation had been

    taken over by the CBI, the charge mentioned the conspiracy

    to have been entered into on 23.10.2002, it was submitted

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    that the State Police had acted in a hush-hush manner and

    on account of this only, the investigation was handed over

    to CBI. It was submitted that since Anshul Chhatrapati had

    moved a petition in the High Court, charges were got framed

    by the State Investigating Agency so that the petition filed

    by Anshul Chhatrapati could be rendered infructuous.

    118. In support of their contentions, learned Counsel

    for the CBI relied upon Shahaja @ Shahajan Ismail Mohd.

    Shaikh Vs. State of Maharashtra, 2023(2) RCR (Criminal

    241; Israr Vs. State of U.P., (2005) 9 SCC 616; Ravasaheb @

    Ravasahebgouda etc. Vs. State of Karnataka, (2023)5 SCC

    391; Rajesh Yadav & Anr. etc. Vs. State of U.P., (2022) 12

    SCC 200; Mohd. Naushad Vs. State (Govt. of NCT of Delhi),

    2023 SCC Online SC 784; Bhagwan Singh Vs. State of

    Haryana, (1976)1 SCC 389; Takdir Samsuddin Sheikh Vs.

    State of Gujarat and another, (2011)10 SCC 158; Madanur

    Ravi and others Vs. State, (Crl. RC Nos. 1382 of 2012

    decided on 09.01.2020) Law Finder Doc Id # 1685972;

    Umar Abdul Sakoor Sorathia Vs. Intelligence Officer,

    Narcotics Control Bureau, (2000)1 SCC 138; Ashok

    Debbarma @ Achak Debbarma Vs. State of Tripura, (2014)4

    SCC 747; Sidhartha Vashisht @ Manu Sharma Vs. State

    (NCT of Delhi), (2010)6 SCC page 1; Sajeev Vs. State of

    Kerala, 2023 SCC OnLine SC 1470; Firozuddin

    Basheeruddin Vs. State of Kerala, 2001 AIR SC 3488; Ajay

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    Agarwal Vs. Union of India and another, 1993 AIR SC 1637;

    Yash Pal Mittal Vs. The State of Punjab, 1977 AIR SC 2433;

    E.K. Chandrasenan Vs. State of Kerala, 1995 AIR SC 1066;

    Esher Singh Vs. State of A.P., AIR 2004 SC 3030; Rajiv @

    Monu and other Vs. State NCT of Delhi, (Crl.A.No.192 of

    2017 decided on 08.10.2018) Law Finder Doc Id # 1262952;

    Pattu Rajan Vs. State of Tamil Nadu, 2019(2) RCR

    (Criminal) 709; Mahabir Singh etc. Vs. State of Haryana,

    2001 AIR SC 2503; Jogendra Nahak Vs. State of Orissa,

    1999 AIR SC 2565 and Dalip Singh and others Vs. State of

    Punjab, 1953 AIR SC 364.

    119. Shri R.S. Bains, Senior Advocate, learned counsel

    representing the complainant, reiterated the submissions

    made by learned counsel representing the Central Bureau

    of Investigation and also relied upon Zahira Habibulla H.

    Sheikh and another Vs. State of Gujarat and others,

    (2024)3 SCR 1050; Chandra Mohan Tiwari and another Vs.

    State of Madhya Pradesh, (1992)2 SCC 105; Hari and

    another Vs. The State of Uttar Pradesh, (2021) 10 SCR

    1022; Gura Singh Vs. The State of Rajasthan, (2001)2 SCC

    205; Mahender Chawla and others Vs. Union of India,

    (2019)14 SCC 615; Ram Gulam Chaudhury and others Vs.

    State of Bihar, (2001)8 SCC 311; Sajeev Vs. State of Kerala,

    (2023)6 KLT 288; Bilal Hajar @ Abdul Hameed Vs. State

    Rep. by Inspector of Police, (2019)17 SCC 451; State of NCT

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    of Delhi Vs. Shiv Charan Bansal and others, (2020)2 SCC

    290; Mukesh Vs. State for NCT of Delhi, (2017) 6 SCC page

    1; Dhanaj Singh @ Shera and others Vs. State of Punjab,

    2004 AIR SC 1920; Dayal Singh and others Vs. State of

    Uttaranchal, (2012)8 SCC 263; Edakkandi Dineshan @ P.

    Dineshan and others Vs. State of Kerala, 2025 INSC 28;

    State of M.P. Vs. Shyamsunder Trivedi and others, (1995)4

    SCC 262 and Prithipal Singh etc. Vs. State of Punjab and

    another etc., (2012)1 SCC 10.

    120. In response, learned Senior Counsel representing

    the appellants, reiterated the submissions made by them

    and countered the submissions made by the CBI.

    ANALYSIS AND FINDINGS

    121. We have considered the submissions made by

    learned counsel for the parties and have perused the

    voluminous record.

    122. Section 386 of the Code of Criminal Procedure,

    1973 (Section 427 BNSS, 2023) lays down the powers of an

    Appellate Court. In so far as an appeal against conviction is

    concerned, an Appellate Court may, after hearing the

    parties and perusing the record, affirm the findings of the

    trial Court, reverse the same and acquit the accused or

    while maintaining the finding on conviction, alter the nature

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    and extent of the sentence, but not so as to enhance the

    same.

    123. Though no argument was addressed as to

    whether the death of Ram Chander Chhatrapati was

    homicidal or not, upon analysis of the evidence and the

    judgment of the trial Court, the findings of the trial Court in

    this regard, do not call for any interference. The ocular and

    medical evidence in the form of testimonies of PW-5

    Aridaman, PW-3 Anshul Chhatrapati, PW-6 Dr. Dale Singh,

    PW-8 Dr. R.K. Karwasra, PW-9 Dr. Praveen Kumar Singh

    and PW-10 Dr. Chitranjan Behera duly established that

    Ramchander Chhatrapati had sustained fire arm injuries.

    PW-6 Dr. Dale Singh, who had examined Ram Chander

    Chhatrapati on 24.10.2002, when, immediately after the

    incident, he was wheeled into Civil Hospital, Sirsa, had

    found the following injuries on his person (MLR

    Ex.PW6/A):-

    “1. A lacerated wound of 1 cm x 1 cm on right side
    abdomen. 6 cm below and 4 cm lateral to umbilicus.
    Colour of abrasion was present. Blood was oozing. X-
    rays and Surgeon’s opinion was sought.

    2. A lacerated wound of 1 cm x 3/4th cm on right
    side chest inter scapular region. Medial to scapula.
    Colour of abrasion was present. Blood was oozing.

    3. A lacerated wound of 1 cm x 3/4th cm on
    Thoracolumbar region at vertebral column slightly

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    lateral side. Colour of abrasion was present. Blood
    was oozing.

    4. A lacerated wound of 6 cm x 1 cm into
    cutaneous tissue deep on right thigh medial side.
    Colour of abrasion was present.”

    124. The X-ray films and CT-Scan films were also

    produced on record. The Doctor, viz Dr. Chitranjan Behera

    (PW10), who had conducted the postmortem examination of

    the deceased (PMR Ex.PW10/B) deposed that the cause of

    death was septicemia consequent upon ante-mortem

    gunshot injuries. He had found the following injuries on the

    dead body:-

    “1. Wound of size 2 cm x 1 cm oval in shape, with
    granulation tissue present at margin over right
    abdomen placed 5 cm right to midline, 32 cm below
    and left to right nipple and 95 cm right foot.

    2. Wound of size 1.5 cm x 1 cm, oval in shape,
    partially healed, over Thoracolumbar region in
    midline placed 118 cm above foot.

    3. Wound of size 1 cm x .5 cm oval in shape,
    partially healed, over Thoracolumbar region in
    midline placed 118 cm above foot.

    4. Wond of size (5 cm x 1 cm), vertically placed,
    partially healed present over medical aspect of right
    thigh placed 15 cm above right knee joint.

    5. Stitched wound of length 2.7 cm over abdomen
    in midline, placed vertically.

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    6. Stitched wound of length 2.5 cm vertically
    placed over right abdomen, placed 14 cm right to
    midline and 22 cm below right nipple.

    7. Stitched wound of length 2.7 cm vertically
    placed over right abdomen, placed 12 cm right to
    middle and 30 cm below right nipple.

    8. Stitched wound of length 5 cm transversally on
    mid axillary line of right side 10 cm right to right
    nipple and 25 cm below right tip shoulder.

    9. Stitched wound of length 2 cm vertically placed
    3 cm below wound number 8.

    10. Switched wound of length 2 cm over left axillary
    region on midline 15 cm below left tip of shoulder.

    11. Stitched wound of length 2 cm over left axillary
    region on midline 15 cm below left tip of shoulder.

    12. Stitched wound of size 2 cm over lower neck,
    anterior aspect in midline.”

    125. PW-11 Dr. Sushil Kumar Jain, Senior Consultant

    from Apollo Hospital, also deposed that the injured patient

    had been wheeled into the emergency of Apollo Hospital on

    8.11.2002 at 5.00 p.m. with gunshot injuries on his

    abdomen and chest. He deposed that the patient expired on

    21.11.2002. He produced the death summary Ex.PW11/A

    and deposed that the cause of death was septicemia with

    acute renal failure with multi organ failure, due to gunshot

    injuries.

    126. A cumulative examination and analysis of the

    statements of the aforesaid witnesses and the documentary

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    evidence produced by them, conclusively proves that Ram

    Chander Chhatrapati had expired as a result of gunshot

    injuries. The findings of the trial Court on the said issue

    are, therefore, based upon sound reasoning and a close and

    indepth examination of the record.

    ROLE OF A2 AND A3

    127. The next question, which arises for the

    consideration of this Court, is as to who had caused the

    gunshot injuries to Ram Chander Chhatrapati. The trial

    Court held that it was A2-Kuldeep and A3-Nirmal, who were

    responsible for the same.

    128. Before we analyse the findings recorded by the

    trial Court and the arguments addressed by learned counsel

    for the parties on the said issue, it would be apposite to

    refer to the law as regards the statements of eye-witnesses

    and related witnesses, who, at times are stated to be

    interested witnesses by the defence. Notably, both PW-3

    Anshul Chhatrapati and PW5-Aridaman are stated to be eye

    witnesses to the incident. Apart from being eye witnesses,

    they are also related witnesses.

    129. In Dalip Singh Vs. State of Punjab, (1953)2

    SCC 36, a three Judges Bench of Apex Court, was hearing

    an appeal against sentences of death passed upon the

    appellants therein for the murder of two real brothers. The

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    Court of Sessions had convicted the appellants along with

    three others and had sentenced them to transportation for

    life. The High Court acquitted three of them, but sustained

    the conviction of four convicts, who then preferred appeals

    before the Apex Court. All seven accused belonged to the

    same village as also to the same faction or `party’ as called

    by one of the witnesses. Out of the seven assailants, Dalip

    Singh and Battan Singh, were brothers. Jarnail Singh son

    of Battan Singh was also amongst them. The remaining four

    were not related to the other three, except for being from the

    same party.

    130. On 16.06.1951, they killed two brothers, Rattan

    Singh and Baba Singh. One of the questions, which arose

    before the Apex Court was as to whether the testimonies of

    the two eye witnesses, required corroboration. It had so

    been held by the High Court in that case. The Apex

    Court held that if the foundation for such an observation

    was based on the fact that the witnesses were women and

    the fate of seven men hanged on their testimony, it did not

    know of any such rule. It was held that if the finding of the

    High Court was grounded on the reason that the eye

    witnesses were closely related to the deceased, it was

    unable to concur. It was held that it was a fallacy common

    to many criminal cases. The Hon’ble Apex Court, in 1956,

    expressed its dismay that such a fallacy still persisted.

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    131. It was held by the Apex Court that a witness

    normally is considered to be independent unless he or she

    springs from sources, which are likely to be tainted which

    usually meant that unless the witness had a cause, such as

    enmity against the accused or a wish to implicate falsely. It

    was held that ordinarily, a close relative would be the last to

    screen the real culprit and implicate an innocent person.

    The Hon’ble Apex Court noticed that it was true that when

    feelings run high and there is personal cause for enmity,

    there is a tendency to drag in an innocent person against

    whom a witness has a grudge along with the guilty, but

    foundation must be laid for such a criticism and the mere

    fact of relationship far from being a foundation is often a

    sure guarantee of truth.

    132. In the case of Raju alias Bala Chandran and

    others Vs. State of Tamil Nadu, 2013 Crl.L.R. 12(SC), a

    word of caution was sounded by the Apex Court that the

    evidence of a related and interested witness should be

    examined with great care and caution and in case the

    related and interested witness had some enmity with the

    assailant, the bar would need to be raised and the evidence

    of the witness would have to be examined by applying a

    standard of discerning scrutiny. The Apex Court also

    referred to the judgment in the case of State of Rajasthan

    Vs. Kalki, (1981)2 SCC 752, in which the difference

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    between a related and interested witness was spelt out. In

    that case, it was held that even though the witness was the

    wife of the deceased, she could not be termed to be an

    interested witness. It was held that an interested witness

    may be called “interested” only when he or she derives some

    benefit from the result of a litigation; in the decree of a civil

    case, or in seeing an accused person punished. It was held

    that a witness who is a natural witness and is the only

    possible eye witness in the circumstances of a case cannot

    be said to be `interested’.

    133. In Darya Singh Vs. State of Punjab, (1964)3

    SCR 397, the Apex Court held that a related or interested

    witness may not be hostile to the assailant, but if he is,

    then his evidence must be examined very carefully and all

    the infirmities taken into account.

    134. In the case of Guli Chand and others Vs. State

    of Rajasthan, (1974)3 SCC 698, their Lordships of the

    Hon’ble Apex Court, while referring to the judgment in the

    case of Dalip Singh (supra), reiterated the aforesaid

    principles. It was held that in a given case, for reasons

    special to that case and to a witness, it could be said that

    such a witness could not be believed because of his general

    unreliability. However, the basis for such a conclusion must

    rest on facts special to the particular instance and cannot

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    be grounded on a supposedly general rule of prudence

    enjoined by law as in the case of accomplices.

    135. These principles have withstood the test of time

    and have been recently reiterated by the Apex Court in the

    case of Goverdhan Vs. State of Chhattisgarh, (2025)3

    SCC 378. A three Judges Bench of the Apex Court was, in

    this case, hearing an appeal against a judgment of a

    Division Bench of High Court of Chhattisgarh, vide which

    the conviction of the two appellants before the Apex Court

    under Section 302 IPC had been upheld and the conviction

    of a third accused had been set aside. In this case also, one

    of the issues, which arose before the Apex Court was as

    regards a witness being an interested witness. After

    examining the law on the subject, the Apex Court, while

    referring to the findings in Dalip Singh’s case (supra),

    reiterated the principles that such a witness would have no

    reason to falsely implicate the appellants.

    136. Even otherwise, the evidence of an eye witness

    is kept at a very high pedestal and unless and until, the

    same is shattered completely in cross-examination, it is not

    normally discarded.

    137. Keeping in mind the aforesaid principles, we

    proceed to examine the issue.

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    138. To appreciate as to whether the findings of the

    trial Court are sustainable, we will have to go back to the

    fateful evening of 24.10.2002 when Ram Chander

    Chhatrapati was shot at.

    139. The incident took place at about 8.00 p.m. on

    24.10.2002. Ram Chander Chhatrapati, along with his two

    sons PW3-Anshul Chhatrapati and PW5-Aridaman, and his

    daughter was at home and were about to have their meals

    when Ram Chander Chhatrapati was called out and shot at.

    The FIR Ex.PW30/4 was registered in the late hours of

    24.10.2002 on the statement (Ex.PW5/A) of PW5-Aridaman.

    The version given by Aridaman in the FIR was reiterated by

    him when he stepped into the witness box as PW5, years

    after the registration of the FIR. His testimony could not be

    shattered in the cross-examination. Same is the case with

    PW3-Anshul Chhatrapati, who also gave the same

    statement as that given by PW5-Aridaman. The version

    given by him in Court, was not any different from his

    previous statement recorded by the Investigating Agency.

    His testimony could also not be shattered in the cross-

    examination.

    140. Minor inconsistencies in the evidence are of no

    relevance. When one deposes in Court after much time has

    elapsed from the incident, inconsistencies are bound to be

    there. If a prudent man is asked to repeat as to what had

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    happened few days back, he may not be able to give a word

    by word account. In fact, in India, even the maxim `falsus

    in uno falsus in omnibus’ is not applicable, meaning

    thereby that if one part of the statement or certain parts of

    the statement of a witness are found to be false, the entire

    statement is not required to be discarded.

    141. In Yogesh Singh Vs. Mahabeer Singh, 2016(4)

    RCR (Crl.) 753 (SC), the Apex Court held that minor

    discrepancies in the evidence should not be given undue

    emphasis and that the evidence is to be considered from the

    point of view of trustworthiness. It was held that the test

    would be as to whether the evidence inspires confidence in

    the mind of the Court. It was held that if the evidence is

    not credible and cannot be accepted by the test of

    prudence, it may create a dent in the prosecution version. If

    an omission or discrepancy goes to the root of the matter

    and ushers in incongruities, the defence can take advantage

    of such inconsistencies. It was held that it needs no special

    emphasis to state that every omission cannot take the place

    of a material omission and therefore, minor contradictions,

    inconsistencies or insignificant embellishments do not affect

    the core of the prosecution case and should not be taken to

    be a ground to reject the prosecution evidence. The Apex

    Court held that the omission should create a serious doubt

    about the truthfulness or creditworthiness of a witness. It

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    was held that it is only the serious contradictions and

    omissions which materially affect the case of the

    prosecution. This view has been taken by the Apex Court in

    a host of other judgments, which were referred to by the

    Apex Court in the said judgment.

    142. Both witnesses duly named the assailants in

    their statements. Even the statement (Ex.PW5/A), on the

    basis of which, the FIR was registered contained the names

    of A3 and A2. Still further, A2 was apprehended at the spot

    and A3 was apprehended on 26.10.2002. The weapon of

    offence was recovered from A3.

    143. The trial Court found the said statements to be

    consistent and trustworthy. Having considered the

    arguments addressed by learned counsel for the parties,

    this Court finds no illegality in the aforesaid findings of the

    trial Court. The statements of both PW3-Anshul

    Chhatrapati and PW5-Aridaman, are completely consistent

    and trustworthy. They cannot be said to be parrot like

    statements though, when a truth is stated, it may appear to

    be a parrot like statement.

    144. The argument that it was the specific case of the

    alleged eyewitnesses that shots had been fired at Ram

    Chander Chhatrapati from the front side, whereas injuries

    were found both on the front of his body and the back,

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    brought out the falsity of the statement is devoid of merit. It

    was the specific case right from the beginning that when

    Ram Chander Chhatrapati went out of the house, he was

    shot at from the front side. When shots are fired, there is a

    natural tendency of a person to either duck or to

    immediately turn around. When shots are fired

    continuously, there is a very high likelihood that some

    shots may hit on the front of the body and the remaining on

    the back side, when a person ducks or turns around. No

    dent can, therefore, be caused in the case of the

    prosecution on account of this fact.

    145. The argument that the genesis of the occurrence

    was suppressed by the prosecution, is devoid of merit and is

    rejected. There was practically no delay in the registration of

    the FIR. When such an incident had taken place, the first

    concern of the family would be to rush the injured to the

    hospital. At that time, no one knows and wants to believe

    that their near and dear one may not survive. Under such

    circumstances, a statement was given to the police. Mere

    delay in sending the special report to the Magistrate would

    also not cause a dent in the case of the prosecution as the

    FIR had been registered shortly after the incident, on the

    statement of PW5-Aridaman.

    146. In Bhajan Singh alias Harbhajan Singh Vs.

    State of Haryana, (2011)7 SCC 421, the Apex Court held

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    that while Section 157 Cr.P.C. mandates that the police

    must send a copy of the FIR to the Area Magistrate

    forthwith, a delay in doing so does not by itself destroy the

    credibility of the case of the prosecution. It was held that

    such a delay may reflect a lack of promptness or care on the

    part of the investigating agency, but does not automatically

    imply that the FIR was fabricated or that the investigation

    was unfair. The Apex Court held that the law recognizes

    that delays can happen due to the circumstances of the

    case, such as the number of victims or the complexities of

    the investigation, and such delays may be reasonable.

    However, an unexplained or inordinate delay can give rise to

    a suspicion.

    147. The argument that no entry was made as regards

    the alleged detention of A2 at police post Khairpur is also

    devoid of merit.

    148. The aforesaid issues can be a result of defective

    investigation at best, for which no benefit would go to the

    accused unless the defect goes to the root of the matter.

    One has to bear in mind that at the relevant time, the

    police, the health authorities, the administration, the family

    of the deceased and others, had gone into a tizzy and minor

    lapses would, therefore, not cause any dent in the case of

    the prosecution.

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    149. In the case of Arvind Kumar alias Nemichand

    and others Vs. State of Rajasthan, (2022)16 SCC 732,

    the Apex Court held that there is subtle difference between

    a defective investigation, and one brought forth by a

    calculated and deliberate action or inaction. A defective

    investigation, per-se would not enure to the benefit of the

    accused unless it goes to the root of the very case of the

    prosecution being fundamental in nature. It was held that

    while dealing with a defective investigation, a Court of law is

    expected to sift the evidence available and find out the truth

    on the principle that every case involves a journey towards

    truth. It was held that there should not be any pedantic

    approach either by the prosecution or by the Court as a

    case involves an element of law rather than morality.

    150. The aforesaid principle had also been stated in

    the cases of Ram Bali Vs. State of UP, (2004)10 SCC 598,

    Dhanaj Singh alias Shera and others Vs. State of Punjab,

    (2004)3 SCC 654 and C. Muniappan Vs. State of Tamil

    Nadu, (2010)9 SCC 567. In C. Muniappan’s case (supra),

    it was held that there may be highly defective investigation

    in a case. However, it is to be examined as to whether there

    is any lapse by the I.O. and whether due to such lapse any

    benefit should be given to the accused. It was held that if

    primacy is given to designed or negligent investigation or to

    the omissions and lapses by perfunctory investigation, the

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    faith and confidence of the people in the criminal justice

    administration would be eroded. It was held that where

    there has been negligence on the part of the investigating

    agency or omissions etc. which resulted in defective

    investigation, there is a legal obligation on the part of the

    Court to examine the prosecution evidence de-hors such

    lapses, carefully, to find out whether the said evidence is

    reliable or not and to what extent it is reliable and as to

    whether such lapses affected the object of finding out the

    truth. It was held that the investigation, was, therefore, not

    the solitary area for judicial scrutiny in a criminal trial and

    that the conclusion of the trial in the case cannot be

    allowed to depend solely on the probity of investigation.

    151. In fact, there are a catena of judgments on the

    said issue only a few of them have been referred to in the

    preceding paragaraphs.

    152. If one examines the statement of PW30-DSP Vijay

    Singh closely, it emerges that a lot of activities were going

    on at the relevant time and, therefore, small re-misses

    would not cause any dent in the case of the prosecution.

    153. This Court, as already observed, has found the

    statements of PW3-Anshul Chhatrapati, PW5-Aridaman,

    PW16-HC Amarpal and PW17-HC Dharam Chand to be

    trustworthy.

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    154. Under the circumstances, the delay in delivery of

    the special report to the Magistrate, the non recording of the

    factum of A2 having been detained at PS Khairpur, there

    being no mention of the time of arrest of A2 in the arrest

    memo, do not go to the root of the matter and do not,

    therefore, cause a dent in the case of the prosecution.

    155. The non-recording of the statement of Ram

    Chander Chhatrapati in Civil Hospital, Sirsa, also does not

    cause a dent in the case of the prosecution. The MLR (Ex.

    PW6/A) shows that Ram Chander Chhatrapati was wheeled

    into the emergency of Civil Hospital, Sirsa at 8.15 p.m. It

    was recorded that the patient was conscious and was in

    agony. Admittedly, he was referred to PGI Rohtak after

    about one and half hour of his arrival in Government

    Hospital, Sirsa. In such a short time, though ruqa had been

    sent, a statement could not have been recorded. It was

    deposed by PW30-Vijay Singh that when he reached

    Government Hospital, Sirsa, the patient had already been

    referred to PGI, Rohtak.

    156. One aspect, which heeds to be mentioned here is

    that, it has come on record that one SI Ram Chander had

    recorded the statement of Ram Chander Chhatrapati in PGI,

    Rohtak on 26.10.2002. However, this statement has not

    been brought on record by the prosecution. It was stated by

    PW3-Anshul Chhatrapati that Ram Chander Chhatrapati

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    told SI Ram Chander that he had been attacked in

    pursuance to a conspiracy hatched by the Dera Head (A1)

    and A4. He also stated that when the statement was

    perused by PW3-Anshul, he found that the name of A1 was

    not there and when he enquired from SI Ram Chander, he

    stated as to why he was being put in a spot (Hame kyun

    marwate ho). This statement has not seen the light of the

    day. Strangely, SI Ram Chander was also given up by the

    prosecution as being `unnecessary’. However, the relevance

    of this statement would, at best, be as regards A1 and,

    therefore, it shall be discussed at the relevant stage.

    157. Another argument was raised that the first

    informant was stated to be Aridaman, who was 13 years old

    at the relevant time and that the statement of Anshul could

    have been recorded, is again devoid of merit. A 13 years old

    boy is reasonably sensible and competent to state about the

    facts of an incident, which he had witnessed. Notably, PW3-

    Anshul Chhatrapati had accompanied his father to the

    hospital and, therefore, the action of PW30-Vijay Singh, in

    recording the statement of PW5-Aridaman cannot be said to

    be suffering from any casualness or a deliberate act. The

    argument that the statement of daughter of Ram Chander

    Chhatrapati namely Shreyasi was not recorded, does not

    also carry any weight because the number of statements

    and the quantity of evidence is hardly of any relevance and

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    even one statement, if found to be truthful and consistent

    would be sufficient to nail the accused.

    158. As regards the argument about inconsistencies in

    the statements of the witnesses qua the rough site plan or

    the place of occurrence, the statements have to be

    examined as a whole and parts of the statements cannot be

    read in isolation. The consistent stand was that Ram

    Chander Chhatrapati had been called from the side of his

    house, from where the wall was broken and he followed by

    his two sons, had gone out from the said portion and it was

    there that he was shot at. Even PW16 and PW17 had

    referred about the same spot and, therefore, some amount

    of shakiness in the cross-examination would not impeach

    the credit of eyewitnesses.

    159. An argument was also raised that there was no

    occasion for PW30-DSP Vijay Singh to have recorded the

    statement of PW5-Aridaman at the Hanuman Mandir at

    about 10 p.m. on 24.10.2002 when the police post Khairpur

    was on the way to the Hanuman Mandir from the house of

    Ram Chander Chhatrapati. This argument also does not

    raise any eyebrow as it is difficult to decipher as to what

    may have happened at the relevant time and why the

    statement was recorded at the Hanuman Mandir and not at

    the police post. It has already been stated by this Court that

    such minor issues will not affect the credibility of the case

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    of the prosecution, more so when the statements of the two

    eyewitnesses have been found to inspire confidence.

    160. An argument was also raised that Dr. Jai

    Prakash Chaudhary, who had treated the patient at General

    Hospital, Sirsa, had not been examined though PW43-Dr.

    Armandeep Singh, who had investigated the case from the

    CBI and stated that it had come in the statement of Dr. Jai

    Prakash Chaudhary that when he asked Ram Chander

    Chhatrapati in the emergency about his well being, he

    stated that he had been shot at by someone, but did not

    disclose the name of any person, who had attempted to kill

    him. It was argued that this witness was wrongly given up

    as being unnecessary. In the considered opinion of this

    Court, this argument would also not come to aid of A2 and

    A3, since the other Doctor, namely, Dr. Dale Singh had

    been examined as PW6 and further, as already held, the

    statements of PW3 and PW5 have been found to be

    trustworthy.

    161. Another argument which was raised was that

    since no test identification parade had been conducted, the

    identification of A2 and A3, for the first time in the witness

    box, cannot be accepted. It was argued that no facial

    features, complexion, height etc. had been mentioned either

    by PW3 or PW5 and, therefore, it was incumbent upon the

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    investigating agency to get a test identification parade

    conducted.

    162. This argument is also devoid of merit. It has to be

    borne in mind that at the time of the incident, both PW3

    and PW5 had an occasion to clearly see the assailants and

    even their names were given by them. Upon having been

    apprehended, their names had been found to be the same.

    Further, A3 was apprehended at the spot. He also, in his

    disclosure statement, named A2. Under the circumstances,

    the non holding of a test identification parade would not be

    fatal to the case of the prosecution. The trial Court dealt

    with the said argument in paragraph 112 of its judgment in

    detail. It was rightly held that even PW16-HC Amar Pal and

    PW17-HC Dharam Chand, had an occasion to have a close

    look at the assailants and had also apprehended A2 at the

    spot. They had also deposed that the person, who had been

    apprehended at the spot, had given his name as Kuldeep

    Singh. The trial Court, therefore, rightly held that the non

    holding of a test identification parade had not caused any

    dent in the case of the prosecution.

    163. In the case of Dana Yadav Vs. State of Bihar,

    2002(4) RCR (Crl.) 314, the Apex Court held that failure to

    hold a test identification parade does not make the evidence

    of identification in Court inadmissible. Rather, the same is

    very much admissible in law. A word of caution was,

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    however, sounded that identification of an accused by a

    witness for the first time in Court should not form the basis

    of conviction unless it is corroborated by his previous

    identification. It was held that a previous identification in a

    test identification parade was a check valve to the evidence

    of identification in the Court of an accused by a witness

    and the same is a rule of prudence and not law. In the

    present case, as already stated, it was practically not

    identification for the first time in the witness box, but the

    names of the assailants had surfaced at the very initial

    stage, with one of the assailants have been apprehended at

    the spot.

    164. A lot of emphasis was laid on the issue that the

    bullets alleged to have been recovered during the post

    mortem examination were never examined by the Forensic

    Science Laboratory. It was argued that when the containers

    containing the bullets were opened before the trial Court,

    they contained the seals of AIIMS (All India Institute of

    Medical Sciences), meaning thereby that the containers had

    never been opened in the FSL. It was argued that PW28-Dr.

    L.S. Yadav, Assistant Director, FSL, had deposed that he

    had appended his signatures on the bullets, which is not

    possible.

    165. To consider the aforesaid argument, the articles

    exhibited during the course of evidence, were duly

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    summoned and examined by the Court and an opportunity

    was also given to learned counsel to examine the same.

    Learned counsel also examined the articles in Court. Before

    addressing the said argument, we would have to go through

    the statements of PW27-Dr. KPS Kushwaha, who at the

    relevant time was posted as Assistant Director (Serology),

    FSL, Madhuban and PW28-L.S. Yadav, who at the relevant

    time was posted as Senior Scientific Officer (Ballistic) in

    FSL, Madhuban. PW27 stated that on 8.04.2003, four

    sealed parcels had been received in the Serology Division

    from the Ballistic division of the laboratory. One parcel

    Mark-3 contained one bullet and they were examined for

    the presence of blood.

    166. PW28 stated that on 11.11.2002, five sealed

    parcels were received and on 02.12.2002, two more sealed

    parcels were received. It was stated that seals on the parcels

    were intact and tallied with the specimen seals as supplied

    by the forwarding authorities. Here the relevant parcel was

    Parcel-3, which contained 1.32″ fired bullet, which had first

    been sent to the Serology Division and then examined in the

    Ballistic Division. He stated that the said bullet had been

    marked as BC/2 by him. He also stated that Parcel-6

    contained .32″ fired bullet stated to have been taken out of

    the body, which had been marked as BC/1 by him. He

    deposed that both bullets had been examined by him. He

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    proved his report and then stated that when the bullets

    were opened in the Court, that the fired cartridges cases

    bear engraving of the case details and the marking C1 to C5

    and also had his signatures. He also stated that parcel No.7

    had two seals of AIIMS Hospital and when the container

    was opened, it contained 1.32″ fired bullet, which had been

    marked as BC/1 by him and also had his signatures. These

    signatures were not found on the bullets and it was stated

    by learned counsel that this itself proves that the bullets

    had not been examined in FSL.

    167. This argument is not worthy of acceptance. In so

    far as seals of AIIMS are concerned, it was observed in

    Court that there were multiple seals on the articles. The

    possibility that no seal had been removed and the cover had

    been cut from the side and then resealed by different

    agencies cannot be ruled out. Still further, there is no

    occasion for this Court to disbelieve the statements of such

    senior Officers, who deposed in Court on oath. They duly

    stated that they had duly examined the fire arms and the

    bullets in FSL. The bullets were seen in Court at that time

    not only by the witness but also by the Public Prosecutor,

    the defence Counsel and the Presiding Officer. Today, after

    so many years have gone by, these arguments do not cut

    any ice. These arguments would be more relevant at the

    stage of trial, when the case property and articles are

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    opened and not years after that. In fact, if one delves into

    the matter deeply, it appears that signatures were said to

    have been appended on the containers and not on the

    bullets because signatures can never be appended on

    bullets. Even otherwise, the statements of PW12-SI

    Devinder, PW30-DSP Vijay Singh and PW34-Jaipal Singh,

    as regards the sealing of parcels and their transportation

    etc., do not raise any eyebrow. The said aspect was also

    considered by the trial Court in detail in paragraphs 117 to

    119 of its judgment. Having gone through the said findings

    in detail, coupled with the ocular and scientific evidence,

    this Court does not find any reason to interfere in the same.

    168. A lot of emphasis was also laid on the size of the

    recovered bullet. It was argued that the bullet could not fit

    into the barrel of the revolver and, therefore, there was no

    question of the same having been fired from the said

    revolver. This argument is also devoid of merit and is

    rejected, keeping in view the trustworthy statements of

    PW27 and PW28 as also PW30. It also has to be borne in

    mind that the revolver was of .32 bore i.e. the bore had a

    diametre of .32″. .32″comes to 8.1 mm or .81 centimetres. It

    cannot, therefore, be said that the bullets were of a size

    which could not have fit into the barrel.

    169. Even otherwise, as argued by learned counsel

    representing CBI, a bullet may get deformed upon coming in

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    contact with a hard surface and while entering the body. It

    had also been argued that the bullets used in the

    commission of offence were lapua bullets, which are

    comparatively softer bullets and, therefore, there is a higher

    possibility of the same getting deformed due to impact and

    heat. This argument is more probable and, therefore,

    deserves to be accepted.

    170. It was argued that it was the clear case of the

    prosecution that it was A2, who had opened fired at Ram

    Chander Chhatrapati and immediately thereafter, they sat

    on a scooter and attempted to escape and that at this time,

    A2 was apprehended whereas A3 managed to escape. It

    was argued that when A2 had opened fire, it was not

    explained as to how the firearm was given to A3 and was

    later recovered from him. It was argued that it was very

    strange that after firing upon Ram Chander Chhatrapati,

    A2, if the case of the prosecution is to be believed, handed

    over the firearm and the live cartridges etc. to A3. Though

    this argument appears to be attractive at the first blush, the

    same is also devoid of merit. Coming first to the live

    cartridges, they could very well have been with A3 from the

    very beginning. In so far as the firearm is concerned, how it

    was transferred to A3 cannot be called into question

    because that may be a part of the plan or the firearm may

    have been kept in the diggy of the scooter. If one examines

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    the contents of the FIR which was recorded on the basis of

    the statement of PW5-Aridaman, it emerges that after shots

    had been fired, PW3 and PW5 shouted `bachao bachao’,

    whereupon 2-3 policemen came there and apprehended A2,

    whereas A3 managed to escape. The sequence of events

    shows that all this happened in few minutes and not in few

    seconds and, therefore, there was sufficient time for A2 to

    hand over the revolver to A3. Moreover, such arguments are

    based more on presumptions and do not cause any dent in

    the case of the prosecution.

    171. It was also argued that as per newspaper report

    Ex.DA/1, A3 had been arrested by the police on 25.10.2002

    and a revolver had been recovered from him. It was argued

    that PW19-Vishwajeet had published the said news item

    correctly and that it had been verified by him from police

    officials. It was also argued that even PW13-Dewan Singh,

    who was a part of the team, which had laid a naka on

    26.10.2002 had stated that the revolver had already been

    recovered on 25.10.2002. This argument also does not find

    favour with the Court. First of all, no reliance can be placed

    upon newspaper reports. Why the said report was published

    and by whom and at whose instance, is not known.

    Occasional and isolated lines cannot be picked up from

    statements. They may be the result of a slip of tongue, non-

    understanding of the question, typographical error and so

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    many other things. All statements have to be considered as

    a whole. The trial Court also dealt with the said issue in

    paragraph 116 of the judgment. It was rightly held that

    though police officials had informed him and other media

    people about the recovery of the revolver, mobile phone etc.,

    the same were not shown to them. PW16-HC Amar Pal,

    PW17-HC Dharam Chand and PW30-DSP Vijay Singh, duly

    stated that A3 had been apprehended at a naka on

    26.10.2002 in their presence. Under the circumstances, the

    trial Court rightly rejected the said argument. No illegality is

    found in the said finding warranting interference by this

    Court.

    ROLE OF A4

    172. Coming to A4 (Krishan Lal), the revolver used in

    the commission of offence was found to be his licenced

    weapon. PW14-Jagjit Singh, Arms Licencing Clerk, deposed

    that arms licence No.908 (Ex.PW15/C) for a .32 bore

    revolver had been issued in the name of A4 son of Bhagwan

    Dass, resident of Dera Sacha Sauda. The revolver No.

    13751-FG was entered in his name, the same having been

    purchased from Field Gun Factory, Kanpur. It was also

    stated that the licence was duly valid at the time of incident.

    As per the entry in the records, the revolver had been

    purchased on 28.06.2002. It is not the case of A4 that the

    said weapon had either been lost or stolen at any point of

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    time prior to the occurrence. Further, no explanation, worth

    its name, was given as to how the licenced weapon of A4

    came into the possession of the assailants, who had

    committed the murder of Ram Chander Chhatrapati. An

    attempt was made by the defence by examining DW4-

    Nachhattar Pal, who stated that some police officials had

    taken away the licenced revolver of A4 on 25.02.2002 in his

    presence. However, this testimony was rightly discarded by

    the trial Court as being an afterthought because at no point

    of time did A4 report the same to any authority. It has to be

    borne in mind that even if some police official takes away

    the licenced weapon of a person without giving any reason,

    the said person would immediately report the matter to the

    higher authorities. In his cross-examination DW4-

    Nachhattar Pal stated that no such application had been

    moved to any authority.

    173. Not only this, Nachhattar Pal stated that when

    the weapon was taken away by the police official, apart from

    him, A4 and the police officer, no one from the public or

    from the family of Krishan Lal was present, whereas A4, in

    his statement under Section 313 Cr.P.C., stated that when

    on 25.10.2002 at about 7.00 a.m., SI Vijay Singh along with

    other police officials had come to his house and had taken

    away his licenced revolver stating that the same had been

    used in the murder of Ram Chander Chatrapati, he (A4)

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    was threatened and thrashed by the police officials before

    his family members and neighbours since he had asked for

    a receipt. There is, therefore, a major contradiction in the

    versions given by Nachhatar Pal and A4. Strangely, even

    after having allegedly been threatened and thrashed, A4 did

    not report the matter to any authority.

    174. It has also come on record that A4 had earlier

    instituted a complaint against Ram Chander Chhatrapati,

    and in the said complaint, A4 had referred to his

    association with the Dera. Under the circumstances, the

    trial Court rightly came to the conclusion that A4 was a

    part of the conspiracy. The argument that A4 was never

    named in the FIR, is devoid of merit because the allegation

    was that A4 was a part of the conspiracy and it was never

    the case of the prosecution that he was present at the spot.

    It has also come on record that two other witnesses namely

    Kala Singh and Gurcharan Singh could have deposed about

    the association of A4 with the Dera, but they were won over

    and as such had to be given up. Under the circumstances,

    as stated above, no fault can be found with the findings

    recorded by the trial Court.

    ROLE OF A1

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    175. Now we proceed to examine as to whether the

    trial Court rightly held that A1 was a part of the criminal

    conspiracy hatched to eliminate Ram Chander Chhatrapati.

    176. Section 120-A of the Indian Penal Code defines

    criminal conspiracy and Section 120-B lays down the

    punishment for the same. Section 120-A states that when

    two or more persons agree to do or cause to be done, an

    illegal act or an act which is not illegal by illegal means,

    such an agreement is designated a criminal conspiracy.

    177. The expression `criminal conspiracy’ was aptly

    explained by the Hon’ble Apex Court in the case of Major

    E.G. Barsay Vs. State of Bombay, AIR 1961 SC 1762.

    Thereafter, while referring to the aforesaid concept, as

    explained in Major E.G. Barsay‘s case (supra), the Hon’ble

    Apex Court held in the case of Bilal Hajar alias Abdul

    Hamid Vs. State, (2019)17 SCC 451, that in order to

    constitute a conspiracy, meeting of minds of two or more

    persons to do an illegal act or an act by illegal means is a

    must. It was held that it was the sine qua non for invoking

    the plea of conspiracy against the accused. It was held that

    it was, however, not necessary that all the conspirators

    must know each and every detail of the conspiracy, which is

    being hatched nor would it be necessary to prove their

    active part/role in such meeting.

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    178. It is well known that a criminal conspiracy is

    always hatched in secrecy and is never an open affair to

    anyone much less the public at large. It was held by the

    Hon’ble Apex Court that it is for this reason, its existence

    coupled with the object for which it was hatched, has to be

    gathered on the basis of circumstantial evidence, such as

    the conduct of the conspirators, the chain of circumstances

    leading to holding of such meeting till the commission of

    offence by applying the principle applicable for appreciating

    the circumstantial evidence for holding the accused guilty

    for commission of an offence.

    179. In the case of Yogesh alias Sachin Jagdish

    Joshi Vs. State of Maharashtra, (2008)10 SCC 394, the

    Hon’ble Apex Court held as under:-

    “20. The basic ingredients of the offence of

    criminal conspiracy are: (i) an agreement

    between two or more persons;

    (ii) the agreement must relate to doing or

    causing to be done either (a) an illegal act; or

    (b) an act which is not illegal in itself but is

    done by illegal means. It is, therefore, plain

    that meeting of minds of two or more persons

    for doing or causing to be done an illegal act

    or an act by illegal means is sine qua non of

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    criminal conspiracy. Yet, as observed by this

    Court in Shivnarayan Laxminarayan Joshi &

    Ors. Vs. State of Maharashtra, (1980)2 SCC

    465, a conspiracy is always hatched in secrecy

    and it is impossible to adduce direct evidence

    of the common intention of the conspirators.

              Therefore,      the      meeting        of    minds    of     the
    
              conspirators        can         be     inferred     from      the
    
    

    circumstances proved by the prosecution, if

    such inference is possible.

    21. In Mohammad Usman Mohammad

    Hussain Maniyar & Ors. Vs. State of

    Maharashtra, (1981)2 SCC 443, it was

    observed that for an offence under Section

    120B, the prosecution need not necessarily

    prove that the perpetrators expressly agree to

    do and/or cause to be done the illegal act, the

    agreement may be proved by necessary

    implication.

    22. In Kehar Singh & Ors. Vs. State (Delhi

    Administration), (1988)3 SCC 609, the gist of

    the offence of the conspiracy has been

    brought out succinctly in the following words:

    “The gist of the offence of conspiracy
    then lies, not in doing the act, or

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    effecting the purpose for which the
    conspiracy is formed, nor in attempting
    to do them, nor in inciting others to do
    them, but in the forming of the scheme
    or agreement between the parties.
    Agreement is essential. Mere knowledge,
    or even discussion, of the plan is not, per
    se, enough.”

    23. Again in State of Maharashtra & Ors. Vs.

    Som Nath Thapa & Ors., (1996)4 SCC 659, a

    three-Judge Bench of this Court held that to

    establish a charge of conspiracy knowledge

    about indulgence in either an illegal act or a

    legal act by illegal means is necessary. In

    some cases, intent of unlawful use being made

    of the goods or services in question may be

    inferred from the knowledge itself. This apart,

    the prosecution has not to establish that a

    particular unlawful use was intended, so long

    as the goods or service in question could not

    be put to any lawful use.

    24. More recently, in State (NCT of Delhi) Vs.

    Navjot Sandhu @ Afsan Guru, (2005)11 SCC

    600, making exhaustive reference to several

    decisions on the point, including in State

    Through Superintendent of Police, CBI/SIT

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    Vs. Nalini & Ors., (1999)5 SCC 253,

    Venkatarama Reddi, J. observed thus:

    “Mostly, the conspiracies are proved by
    the circumstantial evidence, as the
    conspiracy is seldom an open affair.

    Usually both the existence of the
    conspiracy and its objects have to be
    inferred from the circumstances and the
    conduct of the accused (per Wadhwa, J.

                    in Nalini's case at page 516). The well
                    known       rule           governing     circumstantial
                    evidence         is         that     each     and        every
                    incriminating               circumstance        must        be
    

    clearly established by reliable evidence
    and “the circumstances proved must
    form a chain of events from which the
    only irresistible conclusion about the
    guilt of the accused can be safely drawn
    and no other hypothesis against the guilt
    is possible.” (Tanviben Pankajkumar case
    , SCC page 185, para 45). G.N. Ray, J. in
    Tanibeert Pankajkumar observed that
    this Court should not allow the suspicion
    to take the place of legal proof.”

    25. Thus, it is manifest that the meeting of

    minds of two or more persons for doing an

    illegal act or an act by illegal means is sine

    qua non of the criminal conspiracy but it may

    not be possible to prove the agreement

    between them by direct proof. Nevertheless,

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    existence of the conspiracy and its objective

    can be inferred from the surrounding

    circumstances and the conduct of the

    accused. But the incriminating circumstances

    must form a chain of events from which a

    conclusion about the guilt of the accused

    could be drawn. It is well settled that an

    offence of conspiracy is a substantive offence

    and renders the mere agreement to commit an

    offence punishable even if an offence does not

    take place pursuant to the illegal agreement.”

    180. Keeping the aforestated principles in mind, we

    proceed to examine the issue. A1 (Baba Gurmeet Ram

    Rahim Singh), was the Chief of the Dera Sacha Sauda. As

    was stated during the course of arguments, the Dera is a

    socio spiritual organization having a large following. It came

    in the supplementary report dated 28.09.2002 submitted by

    the District & Sessions Judge, Sirsa under the directions of

    the High Court (Ex.DW12/1) that it had many rival groups

    as well, both within and outside the Dera.

    181. It all started in May 2002, when an anonymous

    letter was addressed to the Prime Minister of India, with a

    copy endorsed to the Chief Justice of this Court, making

    allegations of sexual harassment of Sadhvis in the Dera by

    A1. Two such letters were also received by PW1-Balwant

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    Singh and PW2-Raja Ram Handiaya, both members of the

    Tarksheel Society. The word Tarksheel refers to

    rational/logical and refers to a person or a thinking, which

    is based upon facts and science as well as logic, rather than

    on traditions and blind faith. Thereafter, the copies of these

    letters were published in various newspapers, including

    Amar Ujala on 17.05.2002 and in Punjab Kesri on

    19.05.2002. It was so stated by PW1-Balwant Singh, PW2-

    Raja Ram Handiaya, PW3-Anshul Chhatrapati and PW5-

    Aridaman. A report about the distribution of this letter was

    also published on 30.05.2002 by Ram Chander Chhatrapati

    in his evening Tabloid `Pura Sach’ as stated by PW3-Anshul

    Chhatrapati and produced on record as Mark-PW3/1.

    182. This Court took suo motu cognizance of the said

    anonymous letter on 28.05.2002 and CRM-M-26994-2002

    was registered. While the aforesaid matter was pending a

    Division Bench of this Court, CRM-M-7931-M of 2003 was

    instituted by Anshul Chhatrapati alleging defective

    investigation by the Haryana Police and CRM-M-2478-M of

    2003 was instituted by one Pritpal. All the three petitions

    were disposed of by the Division Bench vide order dated

    10.11.2003. It was duly observed that inquiry or

    investigation in the case had not been of the desirable

    standards of investigation. It was observed that lack of

    ability of the investigating agency to focus attention on

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    important aspects of the investigation and permitting

    certain material evidence to vanish ex-facie was a matter

    leading to lack of public faith in the fairness of such

    investigation. It was observed that this tentative view was

    based on the averments made in the petitions and the

    record produced before the Division Bench. It was held that

    such view would be inconsequential when the trial based

    upon the investigation in accordance with law began.

    Ultimately, the investigation in FIR Nos. 312 of 2002 of P.S.

    Sadar Thanesar, 685 of 2002 of P.S. Sirsa (the present case)

    and 395 of 2003 of P.S. City Thanesar was ordered to be

    transferred to CBI. The Division Bench also observed that

    the incidents of murder were daring examples of their kind

    and allegations had been made that they were at the behest

    of the Dera. It was held that it was equally important and

    in the interest of the accused persons as well as the Dera

    that the allegations and insinuations, if not true, must be

    put to an end by a specialist investigating agency i.e. the

    CBI at the earliest. Under these circumstances, directions

    were issued to the CBI for a time bound investigation.

    183. It had been the consistent stand of the sons of

    Ram Chander Chhatrapati, namely, PW3-Anshul

    Chhatrapati and PW5-Aridaman that their father had been

    murdered at the instance of the Dera. In the FIR

    (Ex.PW30/4), which was on the statement of PW5-

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    Aridaman, it was stated that the reason of grudge was that

    his father was a journalist and had been publishing news

    relating to Dera Sacha Sauda, Sirsa, because of which, he

    had been receiving continuous death threats from the side

    of the Dera. It was stated that he suspected that the attack

    on his father had been got done by the Dera Sacha Sauda

    people. Notably, A1 was not named at this stage. Not only

    this, A1 was not named by any of the co-accused in their

    disclosure statements as well.

    184. Even after the CBI had taken over the

    investigation, A1 had never been named. On 26.12.2006,

    PW31-Khatta Singh came into the picture. Khatta Singh is

    alleged to be the driver of A1. His statement was recorded in

    RC-8 (Ranjit Singh’s murder case). In his statement

    recorded under Section 161 Cr.P.C. in the said case, Khatta

    Singh stated that A1 long with A4 and four others had

    conspired on 16.06.2002 to commit the murder of Ranjit

    Singh (Ex.PW31/DF). Notably, even at this stage, he did

    not level any allegations against A1 as regards his

    involvement in the present case.

    185. He then moved an application dated 29.03.2007

    (Ex.PW31/DA) to the jurisdictional Magistrate at Ambala to

    record his statement under Section 164 Cr.P.C. alleging

    that the CBI was pressurizing him to falsely implicate A1.

    In this application, he stated that he was a staunch devotee

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    of the Dera and that no illegal or immoral things or criminal

    acts were committed in the Dera and that the organization

    was very pious, social and a religious institution, fully

    devoted to the service of mankind. It was averred that he

    had been called by the Investigating Officer of the CBI and

    he had intimidated and pressurized him to make an adverse

    statement in order to falsely implicate A1. It was also

    averred that they were compelling him to make a statement

    against A1 and other devotees of the Dera in connection

    with Ranjit Singh’s murder case. It was averred that he had

    been threatened that if he did not do so, he would be

    implicated in the said case/cases. This application came to

    be dismissed on 30.03.2007, whereafter CRR-06 of 2007

    (Ex.DW2/1) was instituted by Khatta Singh before the

    Sessions Court, Ambala. In the meanwhile, in April, 2007,

    Khatta Singh also moved an application dated 12.04.2007

    (Ex.PW31/D2) to the Additional Sessions Judge, Ambala

    and letter dated 26.04.2007 (Ex.PW31/DC) to the

    Superintendent of Police, Sirsa, complaining that the CBI

    was threatening him to implicate A1 and sought protection

    from the CBI. Such a statement was also recorded by the

    Deputy Superintendent of Police, Sirsa (Ex.PW31/DD), who

    also stepped into the witness box as DW6.

    186. On 16.04.2007, while the Division Bench of this

    Court was monitoring the investigation, since investigation

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    had not been completed, the Division Bench reprimanded

    the CBI and ordered that the investigation be completed by

    25.05.2007. An undertaking was given by CBI that the

    investigation would be concluded by 25.05.2007. On

    28.05.2007, CBI made a statement before the High Court

    that field investigation was over and the charge sheet would

    be filed by 31.07.2007. Till this time also, the name of A1

    had not surfaced.

    187. On 21.06.2007, the statement of Khatta Singh

    was recorded under Section 161 Cr.P.C. (Ex.PW31/A). It is

    at this point of time that Khatta Singh, for the first time,

    almost 5 years after the incident, alleged that on

    23.10.2002, he had travelled with A1 to Jalandhar for a

    Satsang and when they returned to the Dera in the evening,

    A2 to A4 showed him the Pura Sach publication of

    23.10.2002 which provoked A1 and at this stage, he

    directed A2 to A4 to eliminate Ram Chander Chhatrapati.

    188. Pursuant to the aforesaid statement, the

    statement of Khatta Singh was recorded under Section 164

    Cr.P.C. before the Duty Magistrate at Chandigarh

    (Ex.PW31/B).

    189. Thereafter, a supplementary charge sheet was

    filed by CBI on 30.07.2007 naming A1 as an accused.

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    Accordingly, charges were framed on 12.12.2008 and the

    charge under Section 120-B was framed against A1.

    190. During the course of the trial, Khatta Singh

    appeared as PW31, but turned hostile. He deposed that CBI

    had coerced him to falsely implicate A1 by putting him

    under the fear that he would be implicated in both murder

    cases. Notably, his evidence went on from 19.05.2012 to

    20.04.2013 as he was extensively cross-examined by CBI.

    191. On 16.09.2017, Khatta Singh filed an application

    under Section 311 Cr.P.C. stating that since A1 had been

    convicted on 25.08.2017 in one case (RC-5), he had

    mustered the courage to disclose a truthful account of the

    events in the present case. This application was dismissed

    by the Special Court, CBI on 06.01.2018, whereafter CRR-

    274 of 2018 was preferred by CBI which was allowed by a

    Single Bench of this Court on 23.04.2018 with a direction

    that both versions of PW31 would be considered. SLP filed

    against the said order was dismissed.

    192. Under the circumstances, PW31-Khatta Singh

    was recalled for re-examination. He then supported the

    version of CBI and reiterated his allegations against A1.

    193. We shall first examine as to whether the solitary

    witness to the alleged conspiracy was a reliable witness. If

    we examine the sequence of events, the answer to the same

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    is in the negative. The trial Court, in the considered opinion

    of this Court, did not examine this aspect of the matter from

    the correct perspective. We are conscious of the fact that A1

    is a public figure. Such public figures are known to have

    admirers and enemies alike. Such public figures are always

    in the news. At times for good reasons and at times for bad

    ones. It is well known that A1 has a huge following. In our

    country, religion, caste, sects, play an extremely important

    role. Lives are given and taken in the name of religion,

    caste, sects etc. Disputes on Temples, Masjids,

    Gurudwaras, are not something new for us. Many of the

    followers of faiths, sects etc., can be termed to be `fanatics’.

    A fanatic, as per the Oxford Dictionary is a person filled

    with excessive and single minded zeal, especially for an

    extreme religious and a political cause. It is not unknown

    that followers cross limits and break laws, when it comes to

    their faith. The question, which was required to be

    examined by the trial Court was, as to whether there was

    overwhelming evidence against A1 and as to whether it

    could have been a step taken by his staunch followers.

    Notably, there was no discussion on this aspect. The first

    question shall be examined in the succeeding paragraphs.

    In so far as the second question is concerned, the

    discussion in the preceding paragaraphs leads this Court to

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    the conclusion that there is a greater possibility of A2, A3

    and A4 having acted on their accord.

    194. In the considered opinion of this Court,

    absolutely no reliance can be placed on a witness like

    Khatta Singh. He chose to remain silent for a number of

    years and then kept on tossing from one side to the other

    like a ping pong ball. Even on 26.12.2006, when he opened

    up for the first time, he did not implicate A1 in the present

    case and talked only about Ranjit Singh murder case. If he

    was under threat, it is not understood as to why he was

    under threat only in this case and not in Ranjit Singh case

    in which he stated that a conspiracy had been hatched by

    A1. Under the circumstances, this Court is not inclined to

    believe his version that he was under threat from the Dera

    as a result of which, he had not deposed earlier. This Court

    will not hesitate in holding that on the contrary, it appears

    that he was coerced by CBI into making a statement as CBI

    was under pressure to conclude the investigation. It was so

    stated by Khatta Singh in many of his applications. It is a

    matter of grave concern that a premier Investigating Agency

    adopted this kind of methodology with a view to succeed in

    the matter. The endeavour should have been to go to the

    bottom of the matter and bring out the truth.

    195. In the case of Jarnail Singh Vs. State of Punjab,

    (2009)3 SCC 391, the Hon’ble Apex Court held that when a

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    witness completely changes his version on all aspects, no

    part of his evidence is reliable. A similar view was taken in

    the case of Vikramjit Singh Vs. State of Punjab, (2006)12

    SCC 306 and many other cases. It was held in the case of

    Sunil Kumar Shambhu Dayal Gupta (Dr.) and others Vs.

    State of Maharashtra, (2010)13 SCC 657, that a witness

    who unjustifiably does not reveal the allegations at the first

    opportunity is not reliable. In the case of Vadivelu Thevar

    Vs. State of Madras, AIR 1957 SC 614, the Hon’ble Apex

    Court held that a witness, who is neither wholly reliable nor

    wholly unreliable, requires corroboration in material

    particulars. In this case, the Hon’ble Apex Court held that

    oral testimony may be classified into three categories

    namely i) wholly reliable; ii) wholly unreliable and iii) neither

    wholly reliable nor wholly unreliable. PW31, for sure, falls in

    the second category. He does not fall under the first

    category, under any circumstance. At best, even if the case

    of the prosecution is accepted, he would fall in the third

    category. Even then, the Apex Court held that in this

    category, the Court has to circumspect and has to look for

    corroboration in material particulars by reliable testimony

    direct or circumstantial.

    196. It has repeatedly come on record through Khatta

    Singh that he was being threatened that he would be

    implicated in the murder cases, if he did not depose against

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    A1. The question, which, therefore, arises is as to whether

    he was an accomplice. In the case of Lachhi Ram Vs. State

    of Punjab, AIR 1967 SC 792, the Hon’ble Apex Court,

    while referring to the judgment in the case of Sarwan Singh

    Vs. State of Punjab, (1957)SCR 953, held that the

    evidence of an approver, to be accepted, must satisfy two

    tests. The first test would be that his evidence must show

    that he is a reliable witness, which of course is a test that

    is common to all witnesses. The second test, which will still

    remain to be applied in the case of an approver, was as to

    whether there was sufficient corroboration to his evidence.

    If we apply the said tests to the testimony of Khatta Singh,

    the inevitable conclusion that we arrive at is that he was

    not a reliable witness nor was there sufficient corroboration

    to his statement and, therefore, his testimony cannot be

    relied upon.

    197. It is often said that Courts and Judges should

    not be swayed by media reports and the public attention

    which a matter receives. Matters are required to be decided

    strictly as per law. It has to be borne in mind that the

    principles of criminal jurisprudence require proving the

    guilt of an accused beyond reasonable doubt. It is well

    settled that the moment a doubt arises, its benefit has to go

    to the accused. What would be reasonable doubt, has also

    been explained by the Hon’ble Apex Court in the case of

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    Goverdhan (supra). It was held by the Hon’ble Apex Court

    that `reasonable doubt’ must be based on substantive and

    rational grounds and not on speculative, imaginary, fanciful

    or trivial apprehension. The Court emphasized that the

    standard of proof in criminal law is `beyond reasonable

    doubt’ and not `beyond all doubt’. It was explained by the

    Apex Court that the reasonable doubt must be free from

    suppositional speculation, which must not be result of

    minute emotional detailing, and the doubt must be actual

    and substantial and not merely vague apprehension. In the

    considered opinion of this Court, the prosecution was not

    able to prove its case against A1 beyond reasonable doubt,

    whereas it was able to do so in the case of A2 to A4. It is a

    settled principle of law that where two possibilities, one of

    commission of crime and the other of innocence, are

    reasonably possible, the accused is entitled to the benefit of

    doubt. It was so held by the Hon’ble Apex Court in the case

    of Sharad Birdhichand Sarda Vs. State of Maharasthra,

    (1984)4 SCC 116. Notably, this three Judges Bench

    judgment is also the leading and the most celebrated

    judgment as regards the principles required to be followed

    in the cases of circumstantial evidence.

    198. Another extremely important aspect of the matter

    is the non-examination of SI-Ram Chander, who had

    recorded the statement of Ram Chander Chhatrapati in PGI,

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    Rohtak on 26.10.2002. Whereas, the family of the deceased

    Ram Chander Chhatrapati had been alleging that he had

    deliberately not recorded the name of A1 in the statement,

    the defence has, with all the vehemence at its command,

    argued that he was deliberately not examined for, the name

    of A1 had not figured in the statement of Ram Chander

    Chhatrapati. It is extremely strange that this very

    important witness was given up by the prosecution as

    `being unnecessary’. One could still have understood had

    the witness been given up as having been `won over’. In the

    considered opinion of this Court, he was the most important

    witness. In so far as A2 to A4 are concerned, this Court

    has held that there was other clinching evidence against

    them. In so far as A1 is concerned, since the charge is only

    that of criminal conspiracy, the version of SI Ram Chander

    would be of extreme importance on either side. Whereas,

    one side, it may come to one’s mind that an effort was being

    made to shield A1. However, this would be a pure

    conjecture. The effort may have been to implicate A1, which

    was not being fulfilled with the statement recorded by SI-

    Ram Chander. In any case, a doubt is created in the mind

    of the Court, once such an important statement is not

    brought on record and such an important witness is not

    examined. The benefit of the doubt necessarily has to go to

    the accused.

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    199. Not only this, the treatment record of Ram

    Chander Chhatrapati, while he was in PGI, Rohtak and

    which was duly produced on record during the course of

    evidence as PW8/A and PW8/B, shows that his general

    condition was fair and stable right from 26.10.2002 to at

    least 01.11.2002. It is extremely strange that all this while,

    apart from the statement of Ram Chander Chhatrapati

    having been recorded on 26.10.2002 by ASI – Ram

    Chander, no effort was made to record his statement. This

    Court has minutely perused the treatment record. On

    27.10.2002, the Doctor noted that the patient was oriented

    and conscious and his general condition was fair. On

    30.10.2002, his general condition was stated to be stable. A

    similar opinion was recorded on 01.11.2002. On

    01.11.2002, there were symptoms of shock and on

    04.11.2002, his condition was noted as sick. However,

    thereafter, on 06.11.2002, his condition was again noted as

    fair. Even on 08.11.2002, his condition was noted as fair

    and conscious at the time of discharge, when he was taken

    to Apollo Hospital. It was also noted that the patient was

    oriented in time, place and person. Strangely, no

    application was moved all this while to seek an opinion of

    the treating Doctor as to whether Ram Chander Chhatrapati

    was fit to give a statement or not. This fact would go against

    the investigating agency and the prosecution and not

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    against the accused. It was for the investigating agency to

    arrive at the truth and for the prosecution to bring all

    evidence before the Court and not to brush anything under

    the carpet.

    200. Apart from the statement of Khatta Singh that he

    had gone to Jalandhar on 23.10.2002 with A1, there is no

    other corroborative evidence to this effect. In fact, PW46-M

    Narayanan, who was the head of investigation of CBI

    admitted in his cross-examination that A1’s visit to

    Jalandhar on 23.10.2002 with Khatta Singh, holding of a

    Satsang at Jalandhar on 23.10.2002, return to Sirsa on the

    same day and Khatta Singh’s visit to Delhi on the next day

    i.e. 24.10.2002 as also Khatta Singh’s allegations that he

    was made to sign blank papers by the Dera people were not

    verified by the CBI, during the investigation. On the

    contrary, the Pura Sach edition of 27.10.2002 (Mark

    PW3/17) stated that the Satsang was at Zira and not at

    Jalandhar. Zira is about 150 Kms away from Jalandhar.

    During the said Satsang, some cows had died after eating

    the leftover food and the incident was reported in various

    newspapers including Pura Sach on 27.10.2002, which

    showed that there was no Satsang at Jalandhar.

    201. The trial Court also erred in holding that Khatta

    Singh’s testimony was corroborated by his statement

    recorded under Section 164 Cr.P.C. It is well settled that a

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    statement under Section 164 Cr.P.C. is not substantive

    evidence. Even otherwise, as already noticed, keeping in

    view the inconsistent stand of Khatta Singh, his statement

    under Section 164 Cr.P.C., recorded on 22.06.2007 at

    Chandigarh, cannot be taken to be corroborative evidence.

    It would be relevant to note that at that time, the revision

    petition of Khatta Singh was pending in the Sessions Court

    at Ambala, in which he had alleged that CBI had been

    pressurizing him to implicate A1.

    202. This Court is, therefore, of the firm conclusion

    that the guilt of A1 had not been proved.

    203. We have perused the judgments relied upon by

    learned counsel representing the appellants, the CBI and

    the complainant. Criminal matters are essentially decided

    on their own facts, keeping in mind the broad principles of

    law and the criminal jurisprudence, as referred to in the

    preceding paragraphs. No straight jacket formula can ever

    be laid down and, therefore, no judgment would ever

    squarely cover any case. Under the circumstances, there

    would be no necessity of discussing the said judgments

    independently.

    204. Consequently, CRA-D-270-D-2019 titled as

    Kuldeep Singh @ Kala Vs. Central Bureau of Investigation“,

    CRA-D-258-D-2019 titled as “Nirmal Singh Vs. Central

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    Bureau of Investigation” and CRA-D-254-D-2019 titled as

    “Krishan Lal alias Kishan Lal Vs. Central Bureau of

    Investigation“, are found to be devoid of merit and are

    accordingly dismissed and the judgment of conviction and

    order of sentence is upheld. However, CRA-D-240-D-2019

    titled as “Baba Gurmeet Singh @ Maharaj Gurmeet Singh @

    Gurmeet Ram Rahim Singh” is allowed, the judgment of

    conviction and order of sentence is set aside and the

    appellant is acquitted of the charge framed against him.

    Pending application(s), if any, shall also stand

    disposed of.

         [VIKRAM AGGARWAL]                            [SHEEL NAGU]
               JUDGE                                  CHIEF JUSTICE
    
      07th March, 2026
       ds
    
              Whether speaking/reasoned:                 Yes/No
              Whether reportable:                        Yes/No
    
    
    
    
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