TIRLOCHAN SINGH Vs. CHANDER BADAN SINGH

JUDGEMENT

(1.) The appellant (Tirlochan Singh) has filed this appeal with the special leave of this Court against the acquittal of Chander Badan Singh (then S. I. of Police, who will hereafter be referred to as A.1) and Bishan Singh (Head Constable who will be referred to as A. 2) of the Kingsway Camp Police Station, Delhi by the learned Additional Sessions Judge (Shri M. K. Chawla) of offences punishable under sections 302/201 and 201/114 Indian Penal Code . The appellant's brother Inder Singh (deceased) was running his business at shop No. 39, Mall Road, Kingsway Camp, Delhi. According to the prosecution case A.I had information that a person would be coming across the Yamuna bridge with opium and that he could be apprehended. Accordingly he posted himself there and recovered opium (said to be 800 gms.) from one Kundan Singh at about 10 a.m. on 4-4-71. Interrogation disclosed that opium had been obtained from Inder Singh (deceased) 's shop; Kundan Singh said that he would point out that shop. When A.1 went to the shop of Inder Singh, Vinod Kumar, an employee, was present there.

(2.) Vinod Kumar had opened the shop as usual at 9.30 a.m. but Inder Singh himself reached the shop only at about 12 noon. About half an hour thereafter one Jagdish Singh (P.W. 18) came there to collect rent for the house which was in the occupation of Mohan Lal (another brother of the complainant and the deceased). Since the deceased did not have enough money in the shop he left for his house to bring more money from there. About 4 or 5 minutes after his departure A.1 came there along with some persons in plain clothes. A.1 wanted to search the shop. Vinod Kumar said that Kundan Singh was falsely saying that he had purchased opium from that shop and that there was no opium; the shop was nonetheless searched but nothing was recovered. Public Witness 2 is alleged to have taunted A.1 by saying "Le lee Talashi, Milgayee Afim" (on search have you found opium?) which offended A.1 and he gave two or three slaps to Vinod Kumar; he also directed his associates to take away Vinod Kumar. One of the persons caught hold of Vinod Kumar and tried to put him in a taxi which was standing close to the Nala on the side of the Mall Road. (According to the defence A. 1 had gone in a Police Jeep). In the meantime Vinod Kumar directed one Arjan Das (P.W. 3) to bring the deceased and he accordingly rushed to the house of the deceased and brought him to the shop. As the deceased was coming near his shop he told A.1 and his associates that he was the owner of the shop and that they should talk to him and not to his servant. Actually the deceased caught hold of the hand of Vinod Kumar and tried to free him whereupon A. 1 abused him and also gave him a slap. The deceased retaliated by abusing A.1 who became furious and raised his band with a view to hit the deceased- again. The deceased caught hold of the hand of A.1 but they were actually separated by the persons who were present there including Ram Kishan (P.W. 5). Public Witness 3 wanted to take the deceased towards his shop but the deceased wanted to go towards his shop. As the deceased was nearing his shop his clothes at his back had also lifted up as P.W. 3 caught hold of the clothes of the deceased from behind near the collar. A.1 took out his .45 revolver and fired abullet at Inder Singh which hit him on the left side at his back. Inder Singh took his right hand towards the back from across his chest in front and turned round facing A.1. Chander Badan Singh stopped two paces ahead and fired another shot on the chest of Inder Singh; the bullet hit him on the chest. The deceased fell down with his buttocks on the floor and hands behind in a stretched position. According to the eye witness Vinod Kumar (P.W.2) A.1 fired the first shot from a distance of 5 to 6 feet and the second from a distance of 1 or 1 ft.

(3.) On account of fear Vinod Kumar sat in the taxi where A.2, Kundan Singh and yet another person wearing a Dhoti held him. He was taken to the Police Station Civil Lines and kept there up to 2.30 p.m. He was brought in another taxi to Police Station Kingsway Camp and made to sit in the room of the S.H.O. At about 5 p.m. the S.H.O. came there. There was a chick hanging in front of that room. When the same was lifted Vinod Kumar could see the complainant sitting there. The S.H.O. shouted at the Moharrar that he was not to write the report of any one to which he replied that he had already stopped the Roznamcha (daily diary of the Police Station). Vinod Kumar was made to sit there till about 7.30 p.m. and then put him in the lock-up of the same Police Station. At about 1.30 a.m. A. 1, accompanied by one or two persons in uniform, came there and, at the point of the revolver, A.1 took the signatures of Vinod Kumar to some blank papers which he signed out of fear. On 5th April, 1971 when he was produced before a Magistrate in Tis Hazari Vinod Kumar learnt that he was involved in a case of opium and of possession of a knife. Bail was ordered and he was released at about 9 p.m. on 6th April 1971 ; he learnt that Tirlochan Singh had stood surety for him. As advised by his brother Public Witness 2 sent a telegram to the Police as per Ex. Public Witness 2/A. Public Witness 1 came to know of the occurrence by telephone at about 3.30 p.m. on 4th April, 1971 in the office of the Delhi Milk Scheme where he was working. His brother's wife told him that Inder Singh had been killed. His daughter Manjit Kaur was an in-patient in the Willingdon Hospital and his wife was attending on her. After getting permission the complainant went to the Kingsway Camp Police Station on a scooter and found a crowd of persons there and after having learnt that his brother had been shot at with a bullet by a Police Officer and had been removed to the Hindu Rao Hospital he went there. He met Faqir Chand S.H.O. who noted his name and address and thereafter took him to a room where he could peep into yet another room where the body of his brother was lying; since he could not bear to see the sight he came away. When Faqir Chand enquired from him whether he had lodged any report concerning the death of his brother S.P. Parkash Singh also came there ; to make similar inquiries by the S.P. he replied that some people had gone to lodge a report at the Police Station, but the same had not been recorded. The S.P. told him that he should go to the Police Station for lodging the report and that it would be recorded. Though he had told S.H.O. Jatka that he wanted to lodge a report that A. 1 had killed his brother the S.H.O. informed him that no report will be recorded and that he could give anything in writing if he wanted. He thereupon wrote just a few lines about his brother having been shot at by A.I and handed over the same (Ex. Public Witness I/D) to the Police Officer sitting at the counter who put his signature in a copy by way of acknowledgment of his having received the said report at 5.10 p.m.