AMARJIT SINGH Vs. C.B.I.

JUDGEMENT

(1.) We will be deciding Criminal Appeals No. 863 -DB of 2005, 864 -DB of 2005, 2062 -SB of 2005, 2073 -SB of 2005, 2074 -SB of 2005, 2075 -SB of 2005 and Criminal Revision No. 323 of 2006 by this common judgment, as they arise out of the same judgment/order dated 18.11.2005 of the learned Additional Sessions Judge, Patiala, whereby he convicted Jaspal Singh D.S.P. son of Satpal Singh and Amarjit Singh ASI son of Dara Singh under Ss. 302/34 I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - each, in default of payment of fine, to further undergo RI for five months. They were also convicted under Sec. 120B I.P.C. and sentenced to undergo RI for five years and to pay fine of Rs. 2,000/ -, in default of payment of fine, to further undergo RI for two months. They were further convicted under Ss. 364/34 I.P.C. and sentenced to undergo RI for seven years and to pay a fine of Rs. 5,000/ - each, in default of payment of fine, to further undergo RI for five months. They were also convicted under Ss. 201/34 I.P.C. and sentenced to undergo RI for two years and to pay a fine of Rs. 2,000/ -, in default of payment of fine, to further undergo RI for two months.

(2.) Pirthipal Singh HC son of Bela Singh, Satnam Singh SI son of Piara Singh, Surinder Pal Singh SI son of Jagjit Singh and Jasbir Singh SI son of Harbhajan Singh were convicted under Sec. 120B I.P.C. and sentenced to undergo RI for five years and to pay a fine of Rs. 2,000/ - each and in default of payment of fine, to further undergo RI for two months.

(3.) These four accused were also convicted under Ss. 364/34 I.P.C. and sentenced to undergo RI for seven years and to pay a fine of Rs. 5,000/ - each, in default of payment of fine, to further undergo RI for five months. All the sentences were ordered to run concurrently. The case of the prosecution is unfolded by the statement Ex.PA given by Paramjit Kaur to SI Baldev Singh at Kabir Park on 6.9.1995 at 4 p.m. Paramjit Kaur stated that her husband along with two children was living in Kabir Park, in her own house. Her daughter is aged 10 years and son is aged 9 years. On 6.9.1995 at 9 a.m. after sending her children to school, she went to the University Library, as she worked there. Her husband Jaswant Singh Khalra was at home. At about 1 O'Clock (p.m.) she came back to her house from the University. She then came to know that some unknown persons in police uniform had taken away her husband in a Maruti car, of light white colour bearing No.DNB -5969. Her husband had a heated discussion with them. She looked for her husband, but was not successful in getting to know his whereabouts. Rajiv Singh son of Parkash Singh told her that her husband was taken away at about 9/9.20 a.m. forcibly, by some unknown persons.