PREM PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant accused was employed as a driver in the Pepsu Roadways Transport Corporation. The appellant along with Jagdip Singh, Ranjit Singh, Daljit Singh, Sukhminder Singh and Anokh Singh conspired to cause the death of Sh. A.P. Pandey, the then Senior Superintendent of Police, Ludhiana. In pursuance of the said conspiracy on 9th July, 1985, at about 8.00 p.m. the appellant along with four others mentioned hereinabove attempted to commit the murder of Shri. A. P. Pandey by driving and dashing truck No. PNP-3477 against the staff car No. PAM-33.

(2.) It is alleged by the prosecution that Shri Pandey was sitting on the back seat of the staff car whereas his gunman Head Constable Bakshish Singh (PW3) was sitting on the front side by the side of driver Shri Hari Chand (PW 1). When the car of Shir Pandey was about to cross Chowk Bharat Nagar, Ludhiana, the gunman noticed one person driving the Scooter and proceeding in front of the staff car. The scooterist took a turn towards Major Gurdial Singh Road after giving signal where a Fiat Car was parked stationary on the road facing towards Ghumar Mandi Road, Ludhiana. When the staff car proceeded towards Mall Road and reached Red Cross Bhawan, the driver Hari Chand (PW 1) noticed a Truck bearing No. PNP-3477 that was parked on one side of the Mall Road facing the opposite direction with its engine on (running). When the staff car was about to pass in front of the said truck, the appellant drove the Truck and intentionally dashed against the left side of the staff car as a result of which the left portion thereof was damaged. The impact of the truck was so powerful that the staff car struck against the concrete portion of the divider on the Mall Road and as a result thereof right side wheel of the staff car broke down and detached from the body of the car. As a result of this accident, Shri Pandey, his gunman and the driver sustained minor injuries and abrasions. The appellant thereafter abandoned the truck and started running towards Major Gurdial Singh Road where the Scooter and Fiat Car were parked. However, the appellant was apprehended by the escort party of Mr. A. P. Pandey which was than following the staff. car. The Scooter and Fiat Car however disappeared. In the meantime, wireless message was sent to the police station whereupon the Inspector reached the place of accident and commenced the investigation. The statement of the driver Shri Hari Chand (PW 1) was recorded and on the basis thereof a formal FIR came to be registered. After completing the necessary investigation, a charge sheet against the appellant came to be filed in the Designated Court for offences punishable under Sections 307, 427, 323/180B, 148 and 149 of the IPC and under Section 4 (3) of the Terrorist and Disruptive Activities (Prevention) Act, 1985.

(3.) The accused denied the charge and claimed to be tried. According to the appellant, he is a resident of Basti Pathana and one the date of occurrence, he had brought his ailing father to Ludhina for medical care and left him in Gurdwara near Jagraon bridge. He further pleaded that he was a new comer to Ludhiana city. He admitted that he had parked his Truck towards the wrong side. After noticing a flag car coming at a high speed, he was frightened as he was on the wrong side of the road and became panicky. At the relevant time, a rickshaw carrying the women and children was proceeding on the said road and in order to avoid a collision with the said rickshaw, he took a turn and as a result thereof, his Truck dashed against the staff car of Shri A. P. Pandey. He had no intention whatsoever to dash against the staff car of Shir A. P. Pandey and it was an error of judgment while saving the occupants in the autorickshaw. He was gainfully employed at the relevant time and he had no track record of any terrorist activities. He is neither a terrorist nor there was any conspiracy as alleged by the prosecution. The allegations levelled against him are false. He is innocent and be acquitted.