STATE OF PUNJAB Vs. JASBIR SINGH CHEEMA

JUDGEMENT

(1.) IN the complaint lodged by him against Inspector Jasbir Singh Cheema under Section 340 of the Criminal Procedure Code, 1973 for fabrication of evidence against Saradara Singh accused in case FIR No. 88 dated November 9, 1981 of Police Station, Mohali in Ropar District of Punjab State, Shri H.R. Kaushik then Sub Divisional Judicial Magistrate, Kharar stated, "As Sub Divisional Judicial Magistrate I have tried and disposed of a police challan arising out of FIR No 88 dated 9-11-1981 under section 61 (1) (c) of the Punjab Excise Act of Police Station Mohali, State Versus Sardara Singh son of Dayal Singh on 4.10.1982. In my judgment I have observed that the evidence has-been fabricated. On the first day when accused Sardara Singh was arrested and produced for remand, this Court vide order dated 9-11-1981 observed that on the recovery memo signature of Shiv Parshad witness have been obtained but the place mentioned for the signatures of Gurdev Singh was still blank; although his name had been written. It was also observed by me that on the personal search memo only signature of Shiv Parshad witness have been obtained and not the second witness. Even one column had been made.

(2.) AFTER the presentation of the challan on 30-3-1982 at the trial I noticed that on the personal search memo Ex. PF an addition has been made by adding a column indicating Gurdev Singh son of Gurdit Singh of village Raipur Khurd, signatures of Gurdev Singh have also been obtained. Thus Inspector Jasbir Singh, Investigating Officer has fabricated false evidence and has thus committed an offence under section 193[PC.

(3.) I am a public servant and cannot attend the Court on every date of hearing. My personal appearance may kindly be exempted. As provided under Section 343 Criminal Procedure Code, it may kindly be treated as a case instituted on police report. A.P.P. attached with your Court may kindly be asked to conduct the case.