BAKHSHISH SINGH BRAR Vs. GURMEJ KAUR

JUDGEMENT

(1.) This is a petition for leave to appeal under Art. 136 of the Constitution against the judgment and order of the High Court of Punjab and Haryana dt. 11th Dec. 1986. By the order the High Court has dismissed the application under S. 482 of the Code of Criminal Procedure praying that further proceedings be stayed in Sessions Case No. 1 of 25th Mar. 1985 under Ss. 148/302/325/323/ 149/120-B of I.P.C. The High Court dismissed this petition because it found no merit in the same.

(2.) The petitioner herein along with 14 more, persons were charged by an order dt. 30th May, 1986 under Ss. 148/302/149/325/ 149 and under Ss. 323/149 of the I.P.C. for allegedly causing death of one Ajit Singh and for causing hurt to Smt. Gurmej Kaur the complainant. The case was committed to the Court of Session by the Judicial Magistrate lst Class, Kapurthala vide order dt. 20-2-1985. As per the case set up by the complainant Smt. Gurmej Kaur, her son Ajit Singh since deceased was involved in a murder case pertaining to the murder of head constable Bagga Singh of Police Station Dhalwan. That case was registered in police station Bhogpur, District Jalandhar and Ajit Singh was tried along with other persons and was sentenced by the Additional Sessions Judge but he was acquitted by the High Court. The complainant further states that Ajit Singh was also involved by the police in a case of dacoity of police station Kotwali Kapurthala and police station Dhilwan during investigation of the murder case in question. Ajit Singh was also convicted in those cases but acquitted by the High Court. It is the case of the complainant that Ajit Singh was allegedly involved in some other murder and dacoity case by the police which as tried in Himachal Pradesh and Ajit Singh as acquitted by the Himachal Pradesh High Court. Mohinder Singh and Des Raj also co-accused in this case allegedly investigated cases of Kapurthala and Ajit Singh was tortured by Des Raj and the leg of Ajit Singh was broken. Ajit Singh then filed complaint against Des Raj (also accused in this case) and he was summoned by the Judicial Magistrate 1st Class, Kapurthala and thus the relation between Ajit Singh and Kapurthala Police Station had become very strained. Ajit Singh had then settled in U.P., according to the allegations in the complaint, out of fear of the police. It is stated that on or about 7th April, 1983 at about 3 p.m. all the accused including present petitioner went to village Bhandal Bet. They went to the house of the complainant where she was present along with her sons Ajit Singh and Manjit Singh and other members of the family. Manjit Singh and Ajit Singh, it was alleged, were surrounded by the police officials and Manjit Singh and Ajit Singh protested against this. Then Bakhshish Singh accused, petitioner, directed his companions to arrest Ajit Singh and Manjit Singh and tie them with ropes and put them in the truck for the purpose of throwing them in the river Beas. It was further alleged that Manjit Singh and Ajit Singh ran to save themselves but they were attacked by the police officials. The complainant also received injuries in the course of this occurrence when she was given dang blows. Ajit Singh and Manjit Singh were given blows by the police officials on the asking of the appellant herein Bakhshish Singh Brar, who is the Deputy Superintendent of Police. A hue and cry was raised. Other persons came, Ajit Singh and Manjit Singh became unconscious and then they were taken away in the truck for the purpose of throwing them in the river, according to the complaint. The case of the complainant further was that Ajit Singh and Manjit Singh were then got admitted by the police in Civil Hospital, Kapurthala as indoor patients and Ajit Singh died as a result of injuries on 8th Mar. 1983. It was further alleged that the accused who are the police officials fabricated false evidence in order to make out a defence and registered two false cases one under S. 61(l)(a) of the Punjab Excise Act, FIR No. 70 dt. 7th April, 1983 and the other under S. 307, I.P.C. F.I.R. No. 71 dt. 7th April, 1983.

(3.) On the other hand, the case of the respondents was that the police party headed by the petitioner including 13 of his subordinates went to the Haveli of Jit Singh alias Jita, situated in village Bhandel Bet in connection with raid on secret information to the effect that he is indulging in illicit liquor and unlicenced arms. There were two First Information Reports one under S. 61(l)(14) of the Punjab Excise Act and the other under S. 25(54)(59) of the Arms Act were recorded in Police Station Dhilwan. That on the same date the police party raided the Haveli of Jit Singh alias Jita, where Manjit Singh, Jasbir Singh, Balwant Singh, Chhinda and Majwi, residents of village Bullowal and Gurdev Singh resident of village Ucha were present there. It is of further alleged that seeing the police party, Jasbir Singh fired at Ajit Singh, who saved himself by hiding himself behind a wall. The other persons armed with dangs and dhope attacked the police party.