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The motive of the crime is stated to be a pending civil litigation between father of the deceased in the capacity of holder of Power of Attorney on behalf of one Joginder Singh Mahant on one side and Sampuran Singh, father of accused No.1, Prem Singh on the other, regarding the possession of a piece of land in village Bassi Umar Khan.

The alleged offence of murder of deceased is alleged to have been committed on 28th June, 1990 at about 8.40 p.m. when the deceased was returning from his field to his house. It is stated that Mohan Singh-PW6, father of the deceased and Sardara Singh-PW7 were also following the deceased on their way back from field to the house. At mat time, accused No.1-Prem Singh, armed with Datar and Deepinder Singh-accused No.2 armed with Gandasi way- laid the deceased. Accused No. 1 shouted that Mohan Singh, father of the deceased would be "taught a lesson" for pursuing a case against father of Prem Singh. After such declaration accused No.1-Prem Singh gave a Datar blow to the deceased which the latter warded off but it hit him on his right hand. Deceased then in a bid to escape started running towards the Village, The two accused chased him. After covering about forty paces, the deceased stumbled down and fell on the heap of earth lying in the coutyard of the house of one Atma Singh. When the deceased had fallen down, accused No.1-Prem Singh inflicted a Datar blow on the left side of neck of the deceased while accused No.2, Deepinder Singh inflicted a Gandasi blow on his left knee. The above named two eyewitnesses raised alarm whereupon the two accused ran away with their weapons. The villagers then gathered there. The deceased was taken in a tractor-trolley to the Civil Dispensary, Haryana where Dr. Chaman Lal-PW5, after examining the deceased, declared him dead. The doctor then sent an intimation at about 9.30 p.m. to the police station, Haryana which is stated to be at a distance of about 200 yards from the Hospital.

The High Court in appeal, however, acquitted the accused. On the question of alleged motive, the High Court found that civil litigation was against Mohan Singh-PW6 and not against his son deceased Ravinder Singh. In its opinion, the case of the prosecution is highly improbable that-deceased alone was attacked, and Mohan Singh against whom the accused had actual grudge, was allowed to go unhurt.

The High Court found that the entries in the OPD register of the Hospital, where the dead body is alleged to have been carried by the two alleged eyewitnesses, contains interpolation. There was a subsequent insertion of entry of dead body of the deceased in the register. The said tampering with the hospital record indicates that false evidence was created to prove the presence of the two alleged eyewitnesses at the time of the incident The High Court also found that evidence of recovery of the alleged weapons made on 6th July, 1990 was a fabrication as was also found by the trial court.

The High Court also came to the conclusion that the two eye-witnesses Mohan Singh PW6 and Sardara Singh-PW7 have been falsely set up to depose that they had actually witnessed the assault made by the accused. The High Court has recorded more than one reason to reject the testimony of the alleged eyewitnesses. It is observed that if one of the accused had a serious grudge against Mohan Singh-PW6 who was present on the spot, instead of attacking him, there was no cause to open attack on his son, the deceased. According to the High Court, the conduct of the alleged eyewitnesses is highly unnatural so also of the deceased. When suddenly attacked the deceased did not turn towards the eyewitnesses for help. The two eyewitnesses did not intervene, render any help or raise a hue and cry to attract the villagers. If the incident took place near the village in the courtyard of Atma Singh, independent witnesses could have been examined from the village. The version of the eyewitnesses that they had carried the deceased in injured condition to the hospital has been disbelieved because there was no recovery and seizure of any blood stained clothes of the eyewitnesses. The investigating party also did not collect any blood stained earth from the place where the accused are alleged to have first opened the attack and inflicted injuries on the deceased.

Keeping all the above evidence and circumstances in view, the High Court acquitted both the accused, We have heard learned counsel appearing for the complainant-Mohan Singh and learned counsel appearing for the State of Punjab. On behalf of the appellant, the judgment of acquittal passed by the High Court has been assailed and criticized severely on several grounds. It is argued that as the deceased was walking ahead of the eyewitnesses, it was not possible for the accused to have opened attack on the eyewitnesses. It is submitted that after receiving a blow the deceased, as a natural response ran away for his life. It was not necessary for him to have turned for help towards the eyewitnesses. For non-recovery of blood stained earth from the place where the attack was first opened, it is submitted that the place might have been trampled by cattle to leave no trace of blood. So far as non-examination of independent witnesses is concerned, it is stated that it is only after the attack was over that the villagers rushed to the spot on hearing an alarm raised by the eyewitness. The learned counsel also severely criticized the reasoning of the High Court that the chappals of the deceased were found near the courtyard of Atma Singh when they would have been left by the deceased at the place where he was first attacked. On the question of unexplained delay in reporting the FIR to the Magistrate, it is submitted that the explanation given by the Head Constable, Kapur Singh that his vehicle had developed plug spark problem, on the way to Magistrate, ought to have been believed On the other reasoning of the High Court that as the deceased had died immediately after the assault, there was no reason to carry his body to the hospital, it is urged that it was natural for the father to have carried the body to the hospital, as he would not have known that there could have been no chance of revival of life of his son. It is also argued that it was not necessary for the prosecution to explain the injuries found on the person of the accused Prem Singh as they were very minor or superficial injuries and according to doctor would have been even self-inflicted.