DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant has filed this appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 against the final judgment and order dated 26. 02. 2007 passed by the Additional Judge, designated Court, Maximum Security Jail, nabha (Punjab) in Sessions Case No. 2 of 15. 04. 2004 whereby and whereunder the designated Court convicted and sentenced the appellant for offences punishable under section 302/382 of the Indian Penal Code [for short the IPC] and Section 5 of the Terrorists and Disruptive Activities (Prevention)Act, 1987 [for short TADA].

(2.) BRIEFLY stated, the case of the prosecution is that on 9. 5. 1992, Kirandeep Singh-the complainant (RW. 7), son of Balkar Singh (RW. 4), went to Inspector Swaran Singh, the station House Officer (RW. 15) who along with other police personnel was on patrol duty at Atalan bus stand and reported that he is a resident of village Atalan, RS. Ghagga, district Patiala. They are four brothers, and two of his elder brothers are residing at ludhiana, whereas he along with his third brother Jagmail Singh - the deceased and father Balkar Singh (RW. 4) are residing in village Atalan and are engaged in the occupation of farming. It was his case that due to terrorism activities in the area, the Government has provided two rifles, one. 303 bore and other 7. 62 bore with cartridges to their family for self-protection and security. On 9. 5. 1992, at about 7:00 p. m. he and his brother Jagmail Singh were returning to their house from the fields carrying the said arms (complainant was armed with. 303 and his brother armed with 7. 62 bore ). Dilbagh singh, the accused-appellant along with Jasbir singh and one more tall young man armed with fire arms suddenly appeared before them near the chowk of their house. Dilbagh Singh and Jasbir Singh are the residents of the same village. They both opened fire on Jagmail singh who on receipt of fire arm injuries fell down on the ground. Thereafter, third accomplice, picked up the rifle of Jagmail Singh and shot at Jagmail Singh who died on the spot. The complainant took shelter by the side of a water channel and started firing in the air to scare the accused. The accused after sometime stopped firing. The complainant rushed to the place where Jagmail Singh was lying dead and his 7. 62 bore rifle was taken by the accused.

(3.) ON inspection of the spot, the Investigation Officer took into possession: (i)blood-stained earth vide recovery memo (Ex. PB); (ii) two empty cartridges of 7. 62 bore vide recovery memo (Ex. PC); (iii) 20 empty cartridges of AK-47 rifle near the dead body vide recovery memo (Ex. PD); and (iv) 7 empty cartridges of. 303 bore near from the dead body vide recovery memo (Ex. PE ). All the articles were packed and sealed with seal ss in the presence of Mohinder Singh (RW. 3 ). A rough site plan of the place of occurrence was prepared and marked Ex. PM. Statements of witnesses were recorded. All recovered articles were later on deposited with mhc Balwinder Singh (RW. 12) at RS. Ghagga.