BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) While allowing this appeal and setting aside the conviction of the appellant Balbir Singh under S. 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 (in short the 'Act') by our order dated 30-10-86 we had stated that the reasons for our judgment will follow. We now proceed to give the reasons for our judgment.

(2.) The appellant who holds the degrees of M.A. and B.T. was originally a Lieutenant in the Armed Forces. On account of some mental ailment he was discharged from the Army. Thereafter he joined the Haryana Education Department and was appointed as a Lecturer in the Government Higher Secondary School at Siwah. After about 7 years of service in that School he was transferred to the Government Senior Secondary School at Sanauli Khurd. He, however, continued to reside at Siwah since he could not get accommodation at Sanauli Khurd.

(3.) The circumstances under which the appellant has come to be convicted under S. 4 of the Act are to be found in the evidence of two prosecution witnesses viz. P.W. I Jagdish Chandra, a Police Constable and P.W. 2, Gian Chand, a Head Constable. One other witness Ramji Lal (P.W. 3), an Assistant Sub-Inspector of Police is also a prosecution witness but since he speaks only about the filing of the charge-sheet his evidence is not very material.