CRA-380-DB-2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-D-380-DB-2009 Date of decision:April 25, 2014 Mohan Pal @ Monu and another ... Appellants Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE JASPAL SINGH Present: Mr. Anil Kumar Lamdharia, Advocate for the appellants. Ms. Manjri Nehru Kaul, Addl. A.G. Punjab. Jaspal Singh, J.
1. This appeal has been preferred by Mohan Pal @ Monu and Raj Singh @ Raju feeling dissatisfied against the judgment of conviction dated April 4, 2009 and order of sentence dated April 7, 2009 whereby they have been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2500/- each and in default of payment of fine, to further undergo RI for two months.
2. In nutshell, the case of the prosecution as unfolded by Jeena wife of Ramesh Kumar resident of Railway Colony, Amritsar, while getting her statement recorded with SI Jagatpreet Singh are that on February 22, 2006, her son Lucky Lucks left the house on Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -2- motorcycle bearing registration No.PB02-H-8820 belonging to his friend Abhijit Singh while saying that he would return after some time but he did not return. On February 23, 2006, on receipt of an information from Rajesh Kumar son of Kaku Ram to the effect that a headless dead body, is lying in the garbage opposite to Swadeshi Woollen Mills towards Gowal Mandi, Amritsar, SI Talwinder Singh visited there. After preparation of inquest report, he despatched the dead body to Government Medical College, Amritsar. She accompanied by her son-in-law Jarnail Singh while searching for her son reached the mortuary at Amritsar. She alleged that some unknown persons have committed murder of her son. On the basis of her statement Ex.PA, instant case was registered and investigation was put into motion. Inspector Jagatpreet Singh visited the mortuary where Jeena wife of Ramesh Kumar and her son-in-law Jarnail Singh met him who identified the dead body from the burn marks on the chest. He recorded statement of Jeena Ex.PA and after making an endorsement Ex.PA/1, it was sent to the police station. On the basis whereof, formal FIR Ex.PA/2 was registered. He also visited the place where dead body was found lying; prepared its rough site plan and got clicked photographs of the dead body. On February 25, 2006, he took into possession photographs and the negatives. On February 28, 2006, Mohan Pal @ Monu was apprehended in the area of Gawal Mandi and from his personal search, smack was recovered, regarding which, a separate case was registered. During interrogation, he suffered disclosure statement with regard to the commission of murder of Lucky Lucks. On March 3, 2006, on further Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -3- interrogation, Mohan Pal @ Monu suffered disclosure statement in pursuance of which, he got recovered motorcycle No.PB02-H-8820 identified by Jeena wife of Ramesh Kumar. It was taken into possession vide recovery memo Ex.PB. He also prepared rough site plan of place of its recovery. He also recorded statement of PW- Navdeep Singh before whom Deepak @ Deewa and Raj Singh @ Raju allegedly confessed their involvement in the commission of the murder of Lucky Lucks and they were nominated as accused. On April 22, 2006, investigation of this case was entrusted to SI Gurdev Singh who arrested Raj Singh @ Raju. He was subjected to interrogation on April 25, 2006, during which, he suffered disclosure statement to the effect that he has buried the head of deceased Lucky Lucks after wrapping it in a glazed envelop near bye-pass ganda nala and offered to get it recovered. Then, SI Gurdev Singh moved an application to SDM for deputing an officer to witness the recovery proceedings. Shri Maninder Singh Sidhu, Naib Tehsildar was deputed who was associated with the police party. Then Raj Singh @ Raju led the police party to the pre-disclosed place and got recovered Head (skull) after digging out the earth. After preparation of inquest report, it was despatched to hospital at Amritsar for post mortem. At the time of recovery of the head, CD as well as photographs were prepared which were subsequently taken into possession on May 13, 2006. Rough site plan of the place of recovery of the head (skull) was also prepared by the Investigating Officer.
3. Thakral Rajeev On completion of investigation, report under Section 173 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -4- (2) of the Code of Criminal Procedure was presented in the Court of learned Jurisdictional Magistrate, Amritsar. Since an offence under Section 302 IPC was exclusively triable by the Court of Sessions, it was committed under Section 209 of the Code of Criminal Procedure after having complied with provisions contained in Section 207 of the Code of Criminal Procedure, vide order dated July 13, 2006.
4. Finding a prima facie case from the report under Section 173(2) of the Code of Criminal Procedure and documents annexed with it, appellants were charged to face trial under Section 302 IPC. They did not plead guilty to the charge and claimed trial.
5. In order to substantiate the charge, prosecution examined as many as 16 witnesses. PW-1 Rishi Ram, draftsman, prepared scaled site plan Ex.P-1 while visiting the spot on May 15, 2006.
6. PW-2 Jeena, mother of deceased has reiterated contents of her statement Ex.PA made to police and further that Mohan Pal @ Monu got recovered motorcycle No.PB02-H-8820, in pursuance of his disclosure statement which was taken into possession vide recovery memo Ex.PB. She also deposed that there was a dispute over distribution of smack between her son and Mohan Pal @ Monu, Chanchal Singh @ Kala, Raju @ Raj Singh and Deepak Kumar @ Deewa who committed the murder of her son and disposed of his dead body.
7. PW-3 Jarnail Singh accompanied his mother-in-law Jeena to Government Medical College, Amritsar and had identified the dead body of Lucky Lucks from burn marks on his chest.
8. Thakral Rajeev PW-4 Navdeep Singh did not support the case of 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -5- prosecution and was declared hostile before whom Deepak @ Deewa and Raj Singh @ Raju allegedly suffered confession of their involvement in the commission of the murder of Lucky Lucks.
9. PW-5 Harvinder Singh, Clerk in DTO Office, Amritsar, proved the registration of motorcycle No.PB02-H-8820 in the name of Abhijit Singh and proved the report regarding ownership of motorcycle.
10. PW-6 Dr. Ashok Chanana, Associate Professor, Govt. Medical College, Amritsar, deposed that on 23.02.2006 at about 4 p.m., he conducted post mortem on the dead body of an unknown male, which was mutilated, without head, neck, lower 4/5 of both legs including feet and hands and he found the following injuries on the dead body:
“1. An oblique incised wound (IW) 1.5 x 0.5 cms. with clotted blood was present in the front and right sides of the chest in the centre of right supra clavicular region in its centre. 2) An oblique incised wound 3 x 1.2 cms. with clotted blood present on the front and right side of the chest, 2 cm. below injury No.1. 3) An oblique incised wound 3.2 x 1.2 cms. with clotted blood was present on the front and right sides of chest, 4 cms. away from right nipple at10 O' Clock position. 4) An oblique incised wound 2 x 15 cms. with clotted blood was present on the front and right sides of the chest, 5 cms. away from the nipple at 10 O' Clock position. 5) An oblique incised wound 1 x 0.2 cms. with clotted blood was present on the front and right side of the chest, 1 cm. medial to injury No.4. 6) An oblique incised wound 1.4 x 0.2 cms. with clotted blood was present on the front and right side of the chest, 0.9 cms. Medial to injury No.5. Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -6- 7) An elliptical incised wound 3 x 0.3 cms. with clotted blood was present on the front and right sides of the chest, 6 cms below and medical to nipple at 5 O' Clock position. 8) A vertical incised wound 6.2 x 2.8 cms. with clotted blood was present on the front and left side of chest, 9 cms. away from the nipple at 11 O' Clock position. 9) An irregular incised wound 3 x 2.5 cms. with clotted blood was present on the front and left sides of chest, 1.7 cms. lateral to injury No.8. 10) A vertical incised wound 3 x 1.5 cms. with clotted blood was present on the front and left sides of chest, 7 cms. horizontally medial to left anterior axillary fold. 11) An irregular incised wound 4 x 3.5 cms. with clotted blood was present on the front and left sides of the chest, 1 cm above injury No.10. 12) An oblique incised wound 3.5 cms. with clotted blood was present on the front and left sides of the chest, 1 cm above injury No.11. 13) An horizontal incised wound 2.3 x 0.7 cms. with clotted blood was present on the front and left sides of the chest, 4 cms. above injury No.12. 14) An horizontal incised wound 3 x 0.2 cms. with clotted blood was present on the front and left sides of chest, 3.5 cms. above injury No.13. 15) An oblique incised wound 2.5 x 1.2 cms. with clotted blood was present on the left lateral aspect of chest, 6.5 cms. away from nipple at 2 O' Clock. 16) An oblique incised wound 2.5 x 2 cms. with clotted blood was present on the left lateral aspect of chest, 5cms. away from nipple at 5 O' Clock position. 17) An oblique incised wound 2 x 0.6 cms. with clotted blood was present on the back and left sides of chest, in the left inter scapular area.”. 11. Doctor Ashok Chanana has further deposed that he conducted post mortem on 26.4.2006 at 10 a.m. on the dead body Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -7- (skull) of Lucky Lucks son of Ramesh Kumar, aged 24 years, Christian, resident of A/B-Block Railway Colony, Amritsar. The body was having burns which were of post mortem origin and it was in all probability a male skull age of which varied from 22 to 30 years and portions of first and second cervical vertebrae were lying separately from the skull and from each other on account of advanced decomposition and burning. He further deposed that the probable time that elapsed between death and post mortem examination was about 1 to 3 months. He also proved P.M.R. Ex.PW6/A.
12. PW-7 HC Sarwan Singh, photographer, clicked the photographs of dead body in the area of Gawal Mandi, Amritsar, as per the direction of Jagatpreet Singh Inspector and after developing, photographs and negatives Ex.PW-7/1 to Ex.PW-7/6 were handed over by him to Jagatpreet Singh Investigating Officer which were taken into possession vide Ex.PW-7/A.
13. PW-8 ASI Kapal Kishore also took the photographs at the instance of Jagatpreet Singh Investigating Officer while visiting in the area of Mahlan near Bye-Pass where an effort was made to burn the dead body of an unknown person. He produced the photographs and negatives Ex.PW-8/1 to Ex.PW-8/18 to SI Gurdev Singh which were taken into possession vide memo Ex.PW-8/A.
14. PW-9 LC Harvinder Singh prepared the video film regarding the recovery of head of Lucky Lucks got effected by Raj Singh @ Raju and handed over the C.D. Ex.PW-9/12 to SI Gurdev Singh on May 13, 2006 which was taken into possession vide memo Ex.PW-8/A. Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -8- 15. PW-10 C. Sahib Singh tendered in evidence his sworn affidavit Ex.P-10/A.
17. PW-11 SI Talwinder Singh conducted the initial investigation of the instant case. On receipt of an information, he visited the area near Swadeshi Woollen Mill where headless mutilated dead body was lying. He recorded the statement of Rajesh Kumar Ex.PW-11/A and then visited the said place; prepared the inquest report and dispatched the dead body to Medical College, Amritsar and thereafter, investigation was taken over by SHO from him.
18. PW-12 SI Gurdev Singh also partly conducted the investigation of this case. On April 22, 2006, accused Raj Singh @ Raju was arrested by him. He also interrogated accused Raj Singh @ Raju on April 25, 2006 during which he suffered disclosure statement with regard to the burnt head of deceased Lucky Lucks burried by him near bye-pass ganda nala and subsequently got recovered the same in the presence of Maninder Singh Sidhu, Executive Magistrate-cum-Naib Tehsildar and other witnesses. The recovery proceedings of the head (skull) were got video-graphed. The photographs were also got clicked and the head (skull) was sent for autopsy to Medical College, Amritsar. He also recorded the statements of various witnesses of the recovery proceedings of the head (skull).
19. PW-13 SI Lakhbir Singh also handled the investigation of this case. He arrested accused Mohan Pal @ Monu on February 28, 2006 and on personal search of Mohan Pal @ Monu, smack was Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -9- recovered regarding which separate proceedings were carried out. Mohan Pal @ Monu were subjected to custodial interrogation by SHO Jagatpreet Singh in his presence. He also confessed the guilt and got recovered the motorcycle bearing registration No.PB02-H- 8820 in pursuance of his disclosure statement Ex.P-13/A.
20. PW-14 Abhijit Singh is the registered owner of motorcycle bearing registration No.PB02-H-8820 which was taken by Lucky Lucks from him and was subsequently recovered at the instance of Mohan Pal @ Monu.
21. PW-15 Maninder Singh Sidhu, Executive Magistrate-cum- Naib Tehsildar, Jalandhar witnessed recovery proceedings. He was deputed by SDM-I, Amritsar at the request of the Investigating Officer/SHO and in his presence, accused Raj Singh @ Raju got recovered the head (skull) wrapped in glazed polythene bag after digging out the earth. It was taken into possession vide memo Ex.PW-12/C attested by him, HC Paskar Ram and Pawan Kumar.
22. PW-16 Inspector Jagatpreet Singh supervised the entire investigation and also conducted part investigation of this case and after completion of investigation, prepared and presented the challan in the Court of Jurisdictional Magistrate. Thereafter, the prosecution closed its evidence.
19. When the incriminating circumstances appearing in the prosecution evidence were put to the accused by the learned Magistrate for eliciting their explanation as provided under Section 313 Cr.P.C., they denied them and pleaded innocence.
20. Thakral Rajeev After hearing learned PP, learned defence counsel and 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -10- appraisal of the evidence, the accused-appellants were convicted and sentenced as reflected in para-1 of this judgment.
21. Feeling dissatisfied against the conviction and sentence, accused-appellants preferred the instant appeal. Trial Court record was requisitioned and received.
22. While assailing the impugned judgment of conviction and order of sentence, it has been ebulliently argued by the learned counsel for the appellant that the same are absolutely against the evidence available on file and the principles of law applicable to the facts and circumstances of the case in hand. In fact, the conviction has been based by the learned trial Court on unreliable, inadequate and insufficient evidence. The case of the prosecution solely hinges on circumstantial evidence and to base a conviction on circumstantial evidence, the prosecution is obliged to establish all the pieces of incriminating circumstances by reliable and clinching evidence and the circumstances so proved must form such a chain of events as would permit no conclusion other than guilt of the accused. The circumstances must not lead to any other hypothesis, other than the guilt of the accused. Another cardinal principle is that suspicion, however, grave cannot be a substitute for a proof and a Court should take utmost precaution while holding an accused guilt only on the basis of circumstantial evidence.
23. The prosecution has sought to substantiate the charge of murder against appellants (i) on the basis of recovery of motorcycle at the instance of appellant Mohan Pal @ Monu; (ii) recovery of head (skull) on the demarcation of Raj Singh @ Raju and (iii) extra judicial Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -11- confession alleged to have been suffered by Raj Singh @ Raju of his involvement as well as the involvement of Mohan Pal, Chanchal Singh @ Kala and Deepak @ Deewa in the commission of murder of Lucky Lucks but none of these circumstances could be proved by the prosecution by adducing cogent, convincing and reliable evidence. Even otherwise, neither motive for the commission of the murder of Lucky Lucks by the appellants nor identification of the dead body could be proved by the prosecution. Similarly, neither the body (torso) nor the head (skull) were got subjected to any DNA test to establish the identity that these were that of Lucky Lucks. PW-4 Navdeep Singh before whom Raj Singh @ Raju and others allegedly suffered extra judicial confession did not toe the line of the prosecution and he was declared hostile. Though, he was confronted with the contents of his statement recorded by the Investigating Officer under Section 161 Cr.P.C. but he categorically denied making any such statement. Even otherwise, there is nothing in his statement to support the prosecution version.
24. So far as recovery of motorcycle at the instance of appellant Mohan Pal @ Monu is concerned, it has been foisted upon him just to connect him with the crime and to falsely implicate him.
25. It has further been argued while making reference to the statements of defence witnesses and copies of various FIRs that the deceased was a drug peddler involved in different types of criminal cases and was a known criminal in the area. He might have been killed by some unknown persons but there being animosity, the present appellants were dragged in this case by the complainant in Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -12- connivance with the police.
26. While concluding his arguments, it has been submitted by learned counsel for the appellant that since the prosecution has failed to establish the chain of circumstances to connect either of the appellants with the commission of murder of Lucky Lucks, they deserve to be acquitted by way of acceptance of the instant appeal and setting aside of the impugned judgment of conviction and order of sentence.
27. On the other hand, learned State counsel has supported the impugned judgment of conviction and order of sentence submitting that the same are based upon cogent and convincing evidence. The motive for the commission of the murder of Lucky Lucks with the appellants; identification of the body as well as of the head; recovery of motorcycle in pursuance of the disclosure statement suffered by Mohan Pal @ Monu belonging to Abhijit Singh a friend of the deceased on which the deceased had left his house; recovery of head (skull) in pursuance of the disclosure statement suffered by Raj Singh @ Raju that too in the presence of investigating officer, Executive Magistrate and other witnesses clearly establishes active participation and involvement of both the appellants in the commission of the murder of Lucky Lucks. Instant appeal being devoid of any merit deserves to be dismissed.
28. We have given an anxious thought to the rival submissions made by the learned counsel for the parties and have perused the facts as well as the evidence.
29. Thakral Rajeev Undeniably, the case of the prosecution is based upon 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -13- circumstantial evidence and there is no direct evidence. As has been submitted by the learned counsel for the appellants, the prosecution must establish all the pieces of incriminating circumstances by adducing reliable, clinching, cogent and trustworthy evidence to connect the appellants with the crime and the circumstances so proved on record must form a chain of events in such a manner that it should lead to only one hypothesis that it was the accused and none else who is responsible for the commission of the offence.
30. On considering the rival contentions of the parties and the evidence available on file, we are of the view that submissions made by the learned counsel for the appellants are totally devoid of any merit. It has been repeatedly observed by the Hon'ble Apex Court that motive is always locked in the heart of the assailant and it is very difficult for the prosecution to precisely state what prompted him to commit the offence. PW-2 Jeena, the mother of the deceased is the author of the FIR. While making statement Ex.PA before the Investigating Officer, she has clearly stated that there was a dispute between her son and the accused-appellants over distribution of smack which led to the murder of her son. Even when Mohan Pal @ Monu was arrested by SI Lakhbir Singh PW-13, he was found in possession of smack regarding which FIR No.61 dated February 28, 2006 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered. This fact goes to show that deceased as well as appellants were drug peddlers and were consuming and dealing in smack. Even otherwise, it is also pretty settled that if motive is not established by the prosecution even in a Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -14- case based upon circumstantial evidence, the entire case of the prosecution cannot be thrown away especially when there is other reliable and trustworthy evidence.
31. The second circumstance to connect appellants with the crime is recovery of motorcycle owned by Abhijit Singh, a friend of the deceased, on which, deceased had left his house while saying that he would return to the house after some time. The motorcycle bearing registration No.PB02-H-8820 was recovered in pursuance to disclosure statement Ex.PW-13/C suffered by Mohan Pal @ Monu on March 3, 2006 from the cattle shed (room), a part of his house which was identified by PW-2 Jeena. It was taken into possession vide memo Ex.PB. The recovery of motorcycle stands proved from the deposition of PW-13 SI Lakhbir Singh and PW-16 Inspector Jagatpreet Singh. Moreover, there is nothing on record to suggest that motorcycle has been planted upon appellant Mohan Pal @ Monu as suggested to the witnesses. Either of the appellants has also not claimed ownership of motorcycle which otherwise stands registered in the name of PW-14 Abhijit Singh. PW-5 Harvinder Singh, Clerk DTO Office, Amritsar, has proved the ownership on the basis of official record. Though, the witnesses with regard to the recovery of motorcycle have been subjected to a thorough and lengthy cross examination but nothing fruitful to the defence could be elicited from them.
32. Now coming to the next piece of evidence i.e. the recovery of head (skull) of deceased Lucky Lucks in pursuance of the disclosure statement of Raj Singh @ Raju. His name surfaced in the Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -15- statement of PW-4 Navdeep Singh recorded u/s 161 Cr.P.C. by Investigating Officer before whom he alongwith Chanchal Singh @ Kala and Deepak @ Deewa allegedly suffered an extra judicial confession regarding the commission of murder by him and his cronies and throwing away the dead body in garbage. He was arrested in this case on April 24, 2006 and subjected to custodial interrogation during which, he suffered disclosure statement to the effect that he has kept concealed head of deceased Lucky Lucks amputated from rest of the body after wrapping it into glazed cover in a pit near bye-pass drain about which he has got exclusive knowledge and can get the same recovered on demarcation. His statement Ex.PW-12/B was jotted down which was signed by him and witnessed by Pawan Kumar and other witnesses. Pursuant thereto, he got recovered a human head in a burnt condition from the pre-disclosed placed in the presence of PW-15 Maninder Singh Sidhu, Executive Magistrate-cum-Naib Tehsildar, Pawan Kumar and constable Paskar Ram which was taken into possession vide memo Ex.PW-12/C. Subsequently, it was got subjected to autopsy.
33. Though during the course of arguments, it was highlighted by the learned counsel for the appellants that the identity of dead body as well as head (skull) could not be established to be that of Lucky Lucks or that these were also not subjected to DNA test but such an omission on the part of the Investigating Agency does not ipso facto mean that the body as well as the head recovered were not that of deceased Lucky Lucks. The head (skull) was got recovered by Raj Singh @ Raju in the presence of witnesses Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -16- including PW-15 Maninder Singh Sidhu, Executive Magistrate,a responsible officer and other witnesses. The photographs were also got clicked at that time in addition to the preparation of Video C.D. It was only in the exclusive knowledge of Raj Singh @ Raju, who suffered statement to this effect that it was the head (skull) of Lucky Lucks. As far as identification of headless mutilated body (torso) is concerned, it was identified by none-else but the mother and brother- in-law of the deceased namely Jeena PW-2 and Jarnail Singh PW-3 respectively, from the burn marks on the chest. So, there is no room to doubt the identity of the dead body. The recovery of head at the instance of Raj Singh @ Raju, recovery of motorcycle on the demarcation of Mohan Pal @ Monu, belonging to the deceased, besides, their confessional statements Exs.PW-12/B and PW-13/C respectively, complete the chain of the prosecution.
34. No doubt the appellants have adduced evidence in defence to establish that Lucky Lucks was a habitual criminal and involved in a large number of criminal cases and DW-1 to DW-4 have been examined who have proved various documents including copies of FIRs but the mere fact that deceased was a criminal character does not give a licence to appellants or any other person take his life. Moreover, in the present case, the specific role as well as involvement of both the appellants stands fully established and the learned trial Court has rightly held them guilty, convicted and sentenced.
35. In the light of what has been discussed above, we do not find any merit in the instant appeal. The same is dismissed whereby Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh CRA-380-DB-2009 -17- the impugned judgment of conviction dated April 4, 2009 and order of sentence dated April 7, 2009 are upheld. (JASPAL SINGH) JUDGE (RAJIVE BHALLA) JUDGE April 25, 2014 rajeev Thakral Rajeev 2014.04.29 12:34 I attest to the accuracy and integrity of this document High Court Chandigarh