PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Criminal Appeal under Section 19 of terrorist and Disruptive Activities (Prevention) Act, 1987 (for short TADA) is filed by the appellants accused challenging the legality and correctness of the impugned judgment and order of convictions dated 15th February, 1996 passed by Addl. Judge, Designated Court, District Jail, Nabha, under Sections 302/34 and 397 of the India Penal Code as also under Section 3 of TADA.

(2.) The prosecution story as unfolded at the trial is as under:- Jagjit Singh, SHO (PW 6) attached to the police station, Sadar on 22-3-1991 was posted on patrolling duty in the jurisdiction of Bahadurgarh Town along with constables Mohinder Singh (PW. 4), Sohan Singh and Madan Lal (PW. 5). While they were on duty near the gate of Escort and Goetze Factory, Bahadurgarh, Paramjit Singh (A-1) and Satnam Singh (A-2) came there and told that they intended to have room on rent and for that purpose they requested Sukhdev Singh (since deceased) to accompany them so that they will have a drink and then find out the suitable room on rent. Saying so, according to the prosecution, both the accused and Sukhdev Singh left in the direction of Mandirwali Pulli. It is alleged by the prosecution that one gentlemen on bicyle informed Mohinder Singh (PW 4) and Madan Lal (PW 5) who were on patrolling duty that a person in the police uniform was lying in an injured condition near Mandirwali Pulli. Thereafter, Jagjit Singh SHO (PW 6) went to the place of occurrence and found Sukhdev Singh was lying with bleeding injuries. Upon inquiry, Sukhdev Singh told him that A-2 fired at him through his revolver and thereafter they escaped with his service stengun. The detailed statement of Sukhdev Singh (since deceased) was then recorded by Jagjit Singh, SHO (PW 6) and marked as Ex. PD/1. On the basis of this statement, a crime was registered under Sections 307/34 IPC; 3, 4, 5 and 6 of TADA and 25 of the Arms Act, Sukhdev Singh was then shifted to Rajendera Hospital, Patiala for medical treatment. During investigation, blood stained earth was collected from the spot in a small tin box and after sealing the same, it was sent to the Chemical Analyser. Sukhdev Singh, while in the hospital succumbed to his injuries on 2nd May, 1991. Dr. Jagjir Kumar (PW. 9) carried out the post mortem examination and his report is at Ex. PB/1. It is noticed from the record that both the accused were arrested on 25th April, 1991 in another crime and were shown to have been arrested in the present crime on 28th April, 1991. After completing the investigation, both the accused were put up for trial for the offences punishable under sections 302/307/382/394/397 34 of the Indian Penal Code as also under Section 25 of the Arms Act and under Sections 3, 4, 5 and 6 of TADA.

(3.) The appellants accused denied the accusations levelled against them and claimed to be tried. According to them, they have been falsely implicated because of enmity. They denied to have met Sukhdev Singh, Mohinder Singh (PW 4) and Madan Lal (PW. 5) on 22nd March, 1991 or requested Sukhdev Singh to accompany them for a drink and to search out a room on rent. They pleaded that they are innocent and they be acquitted.