THE STATE OF PUNJAB Vs. AJIT SINGH ETC.

JUDGEMENT

(1.) IN this appeal against acquittal, the State of Punjab has sought the reversal of the judgment of acquittal passed by Shri Avtar Singh Gill, Additional Sessions Judge, Amritsar, on November 11, 1971. In this case, three persons, namely, Shingara Singh, Kartar Singh and Hardip Singh were alleged to have been abducted by the accused persons from the busy locality known as Crystal Chowk, Amritsar, and are later alleged to have been murdered at the Indo -Pak. Border within the jurisdiction of Police Station, Gharinda, District Amritsar. In addition to the 15 accused persons, who were tried in this trial out of which this appeal has arisen, the other accused, who are alleged to have participated in the occurrence, are Jasbir Singh, Sitara, Satnam, Singh alias Pammi and Darbara Singh, who absconded and were declared proclaimed offenders and consequently they could not be prosecuted along with the 15 accused prosecuted in this case. Trial against them is still pending. The other six persons, namely, Karnail Singh, Jai Gopal, Surjit Singh, Shabad Singh, Ram Dass and Om Parkash, all constables of the Border Security Force, were also sought to be prosecuted but all these six persons were discharged and, therefore, were not tried along with these 15 accused persons.

(2.) THE accused in this case are Ajit Singh and his two sons, namely, Satbir Singh and Paramjit Singh. The third son of Ajit Singh, namely, Jasbir Singh, as I have already pointed out, was also named as an accused person in this case, but since he has absconded, therefore, his trial along with the other three absconders, is still pending before the Court below. Ajit Singh and his sons belong to village Burj. The other accused persons, namely, Baghel Singh and Tara Singh of village Burj, Darshan Singh alias Darshoo, Arjan Singh, Pritam Singh alias Pritu, and Bachan Singh of village Rattan Khurd, Mehar Singh alias Mehroo and his son Dial Singh of Jandiala Guru, and Malook Singh alias Malooka of village Sultan -wind, are alleged to be the partymen of Ajit Singh, who is alleged to be a big smuggler indulging in smuggling at the Indo -Pakistan Border. The other three accused persons are M. P. Singh, Inspector, Shiv Narain, Sub -Inspector, and Hairbhajan Singh, Constable, all of the Border Security Force, who are alleged to have connived with Ajit Singh and his sons referred to above and with their other co -accused in the murder of the three deceased persons.

(3.) PURAN Singh (P.W. 3) is alleged to be a member of the gang of smugglers led by Ajit Singh accused and he actively participated in the smuggling with Ajit Singh and his party at the Indo -Pak Border. Puran Singh P.W. is son of Shingara Singh deceased and is brother of Hardip Singh deceased whereas Kartar Singh deceased was uncle of Puran Singh P.W. Puran Singh indulged in smuggling with Ajit Singh and his party for quite a few years and according to the prosecution case, his share in the booty to the extent of Rs. 15,000 was not paid to him by Ajit Singh and his party and, therefore, on this account, he felt aggrieved. The present occurrence took place on July 6, 1970, few months before this, at) one occasion, when Satbir Singh, Jasbir Singh accused and 10 or 12 labourers along with Puran Singh smuggled 15 jackets of gold each weighing 1,000 Tolas from Pakistan into Indian territory with the connivance of Inspector M. P. Singh, S. I. Shiv Narain Respondents, Puran Singh P. W. succeeded in slipping away under the cover of darkness with two packets of gold. The estimated value of the gold, which Puran Singh succeeded in taking away on that day, was calculated to be between five or six lacs of rupees in those days. The prosecution case is that since Puran Singh P.W. had slipped away with huge quantity of gold valuing about rupees five to six lacs, Ajit Singh, his sons and other members of his party were after Puran Singh P.W. and in fact they succeeded in getting hold of Puran Singh, P.W. in the month of May, 1970 and subsequently, they put him to torture with a view to interrogate him about the whereabouts of the gold and pressurised him to return 2,000 tolas of gold which he had succeeded in taking away. It may be pointed out at this stage that Shingara Singh deceased father of Puran Singh P.W. lodged first information report No. 100/70 of 1970, copy of which is marked as Exhibit PPY, at Police Station, Gharinda, on May 20, 1970, at 10.30 A.M. inter alia stating that Puran Singh was his eldest son from his previous wife and was residing separately from him. He claimed that Puran Singh was not obedient to him and he along with the sons of Ajit Singh of village Burj was indulging in smuggling. On May 6, 1970, in the evening at about sunset,, when he and his brother Kabal Singh, his son Hardip Singh were present in their fields, Satbir Singh and Jasbir Singh accused accompanied by Makhan Singh and Rajinder Singh came in a car and all the four then took Puran Singh P.W. in the car. Subsequently, another man came to enquire about Puran Singh P.W. when Shingara Singh deceased told him that Puran Singh P.W. had been taken away by Satbir Singh and others. On the third day, Ajit Singh accused came along with Kirpal Singh and enquired about the whereabouts of Purarjt Singh P.W. Shingara Singh deceased expressed his inability to disclose the whereabouts of Puran Singh P.W. Ajit Singh accused then told Shingara Singh deceased that Puran Singh P.W. had fled away with gold worth rupees five lacs and threatened Shingara Singh deceased that he should search for Puran Singh P.W. and produce him. Shingara Singh deceased then searched for Puran Singh P.W. by visiting the houses of his relations but could not find him. On the third day of the departure of Puran Singh, P.W., Ajit Singh and his party, abducted Shabeg Singh, brother -in -law of Puran Singh of village Chhidon, Police Station, Lopoke. On these facts, Shingara Singh alleged in the said First Information Report that he had firm suspicion that Satbir Singh, Jasbir Singh and Paramjit Singh, sons of Ajit Singh of Burj, Rajinder Singh son of Kirpal Singh of Ramgarh, Makhan Singh son of Kartar Singh of village Malluwal had abducted Puran Singh intentionally because of a dispute over the big quantity of smuggled gold and that they had kept him concealed at some unknown place with an intention to kill him. This first information report was recorded at Police Station, Ghiranda, by S.I. Baldev Sharma (P.W. 63) who has proved this document.