MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, are accused of offences under sections 212 and 216, Indian Penal Code, on the basis and statement made by one Raman Singh who is in the custody of police for commission of various offences. It is also the case of the prosecution that the above-noted activity of the petitioners in harbouring the proclaimed offenders amounted to offences under, sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985. In order to support the above noted accusations, the, police hasrec6rded a statement of Sadhu Singh Sarpanch of village Langiana under section 161 of the Code of Criminal Procedure.

(2.) An affidavit of Sadhu Singh Sarpanch has been filed to say that, at no stage, he was aware of the fact that the police had recorded any statement of his under section 161, Code of Criminal Procedure. It was only on 13-2-1987 that he came to know of this fact. According to his averments in the affidavit the case against the petitioners is totally false as he never deposed to the police anything in that regard.

(3.) Besides all this, it is also contended by the learned counsel for the petitioners, in the light of Kuriakose Chacho v. State, that until the alleged proclaimed offenders are convicted of any offence, the petitioners cannot reasonably be prosecuted for offences under sections 212/216, Indian Penal Code.