SWARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By the judgment and order dated 10th october, 2000 the Additional Judge, Designated court, Bhiwani at Sirsa convicted the appellants for the offence punishable under sections 3 (3) and 3 (4) of the Terrorist and Disruptive activities (Prevention) Act, 1987 (hereinafter referred to as "tada Act") and sentenced them to suffer R. I. for 5 years each and to pay a fine of Rs. 500. 00 for each of the offence. The appellants accused have filed this appeal challenging the said judgment and order.

(2.) It has been contended by the learned counsel for the appellants that except the so- called confessional statements made by the accused to the police officer, there is no other evidence to connect the accused with the crime. He further pointed out that the accused were in the police custody and they were not informed that they would be produced before the Judicial Magistrate after recording their confessional statements and subsequently sent to the judicial custody. He has submitted that the so-called confessional statements were neither voluntary nor truthful and the accused were falsely implicated because of political enmity.

(3.) Briefly stated, the prosecution case is that one Mange Ram lodged an FIR on 19.5.1992 to the effect that at midnight at 11.30 p. m. , he along with one Inderpal went at his liquor shop and there he found that the liquor shop has been put on fire and the doors were lying open. He saw that his three servants were found lying dead inside the liquor shop. Near the gate, the driver of the jeep was also found dead on a cot. After leaving Inderpal at the site, he met Gurjant Singh, Sarpanch of the village who informed him that at about 11.30 p. m. five terrorists armed with AK-47 rifles arrived in a jeep and have done this disruptive activity. On his complaint, an FIR was registered and investigation was carried out. During the investigation on 8-6-1992, the appellants were arrested. On 10. 6.1992, their confessional statements were recorded by PW 5 V. Kamraja, Superintendent of Police, Sirsa to the effect that they met terrorists on the way while they were returning after purchasing medicine. Thereafter, the three terrorists came to their house and stayed there on many occasions. They were given food and they were keeping their arms in their house. On 8th May, the three terrorists came at their house with revolver and rifles and stated that Theka liquor should be shut and those who were working there should be killed, for that purpose, they took their red colour jeep. On 13th May, 1992, just to deceive the police, her mother lodged the false FIR that the jeep had been borrowed by his friend and he has not returned. On the basis of the said statement, appellants are convicted on the ground that they have rendered assistance to the terrorists by providing their jeep bearing No. PBO-3a-717 and also harboured the accused by providing them residential facility.