STATE OF PUNJAB Vs. KASHMIR SINGH

JUDGEMENT

(1.) THIS criminal revision petition has been filed by the State of Punjab against the order dated 9.11.1989 passed by the learned Sessions Judge, Amritsar whereby the Respondent - Kashmir Singh, who was an accused in the case has been discharged.

(2.) THE facts of the case are that case FIR No. 425 dated 11.10.1988 was registered at Police Station Sadar, Amritsar for the offences under Sections 302 and 34 Indian Penal Code ('IPC' for short) Sections 25 and 27 of the Arms Act, 1959 ('Act' for short) and Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TDA Act for short) on the statement of Gora Singh son of Mulkha Singh, resident of Village Vallah. As per the statement of Gora Singh, it has been stated that he is resident of the Village Vallah and at night i.e. night of 11.10.1988 he along with his brother Tarsem Singh were sleeping in a room on a cot. On another cot his father Mulkha Singh was sleeping with their third brother aged about 12/13 years. Besides, his uncle (father's brother) Makhan Singh alias Kala was sleeping in the Court -yard of their house. The remaining family members were sleeping in an another room. An electric bulb outside in the Court -yard was on. While they were asleep a Sikh youth at about 11.00 p.m. entered and asked Makhan Singh if his name was Mulkha Singh. Upon this he replied that he was Makhan Singh. Another person who, was standing in the street in the dark said that he was not Mulkha Singh. At this the person who had entered the Court -yard and was 6 feet in height aged about 27/28 years old, fair complexion, flowing beard, wearing white Kurta and Pyjama and yellow patka tied around his head entered the room and demanded to know as to who was Mulkha Singh. On this, Mulkha Singh, father of the complainant Gora Singh, sat on his cot, with folded hands replied that he was Mulkha Singh. The entrant then taunted him saying that he used to be with Lakha Singh, MLA and that he should call the MLA so that he could see in what way their Congress could help him. Saying this the person who entered gave burst from the assault rifle he was holding in his hand at Mulkha Singh killing him at the spot. The shots hit Mulkha Singh on his cheek, neck and left shoulder. While leaving he threatened that in case an alarm was raised they would be shot dead. It has been stated that due to fear the complainant could not come at night to lodge a report and they had come in the morning to lodge the FIR. It is also stated that there were two persons in the street also. Accordingly, the case was registered for the aforereferred offences as stated above. After investigation, challan was presented in the Court of Additional Judge, Designated Court, Amritsar on 14.7.1989. Production warrants for the accused were issued and the accused appeared in the Court and he was given copies and documents of the challan. The learned Additional Judge, Designated Court on 12.10.1989 passed two orders which read as under:

(3.) ON the same day i.e. 12.10.1989, the learned Additional Judge, Designated Court, Amritsar also framed charge against the Respondent which reads as follows: