GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was challenged by the police for offences under Sections 307, 392, 452, 393 and 511 read with Section 34 Indian Penal Code and Section 3 of the terrorist and Disruptive Activities (Prevention) Act (hereinafter TADA). After investigation, the appellant was sent up for trial before the Designated court and the charges were drawn up against him for offences under S. 452 and 393 indian Penal Code as well as under Section 3 of TADA.

(2.) In brief the prosecution case is that on the night intervening 30/6/1991 and 1/7/1991 three Sikh youths, who covered their bodies with chadars scaled the wall and entered the house of Jarnail Singh, complainant where he. along with his other family members was sleeping. One out of the three youths was heading the party and on reaching near Jarnail Singh, he asked the complainant jarnail Singh to hand over all his possessions to him and threatened that if he did not part with the valuable articles, his whole family would be done to death. Jarnail Singh pleaded helplessness and stated that he was penniless. In the meanwhile, the wife of Jarnail Singh, Kanso, Public Witness 2 also woke up. The daughter of Jarnail Singh also woke up and went up to the roof of the house and raised alarm. Some persons from the locality including Gian Singh Sarpanch Public Witness 3 arrived at the spot. Two out of the three youths, who were at some distance, on the arrival of the people from the locality ran away. The locality people caught hold of the third youth who was grappling with Jarnail Singh and gave him severe beating as a result of which he died on the spot. The deceased youth was later on identified as one Balwinder Singh, who was employed in the Home guards. Out of the two youths, who ran away, Gurbax Singh was declared a proclaimed offender while Gurmej Singh, the present appellant, was arrested by teg Bahadur Singh, ASI, Public Witness 5 on 21/7/1991. Out of fear of the two youths who had run away, Jarnail Singh did not go to the police station during the night and it was only at about 8.30 am on the next morning i. e. 1/7/1991 that he recorded the statement of Jarnail Singh who met him by chance while he was on a routine checking duty, near the government High School, Khadur Sahib. The statement of Jarnail Singh forms the basis of FIR Ex. PA.

(3.) At the trial, the prosecution examined five witnesses, including the complainant Jarnail Singh Public Witness 1,. Kanso, Public Witness 2 and Gian Singh Sarpanch Public Witness 3. The appellant in his statement recorded under Section 313 Criminal Procedure Code pleaded innocence and asserted that he had been falsely implicated. He produced Jagir singh DW 1 as a witness in defence.