JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 3.11.2017 passed by Sub Divisional Judicial Magistrate, Nihal Singh Wala vide which while acquitting accused of the charge, a direction has been issued to the department for initiating proceedings against petitioner Jaswinder Singh, presently working as Superintendent of Police (Assistant Commandant), 5 Commando Battalion, Camp at Bathinda, District Bathinda and other police officials.

(2.) Briefly stated, facts of the case are that Rajesh Sharma and Harpreet Singh @ Giani were booked in FIR No.89 dated 27.9.2012 for offences under Sections 420, 482, 483, 485 IPC and Sections 103 and 104 of Trade Mark Act, 1999, Police Station Nihal Singh Wala; that they were sent up to face trial on the allegations that on 26.9.2012 when SI Jaswinder Singh along with other police officials was present at Madheke Chowk, Nihal Singh Wala in connection with patrolling, he received a secret information that Rajesh Sharma, residing at Pakhowala Road, Ludhiana near village Phulla Wala in Chabbra Colony used to supply duplicate cement of different brands in different cities and also used duplicate bags of different cement companies for that purpose; that in addition to that he was printing and publishing a newspaper under the name and style of "Punjab Ki Shakti" and on that day, he was coming with duplicate cement loaded in a truck bearing registration No.PB04D9896 from Pakho Kanchia side going towards Moga and Rajesh Sharma would be following the truck in his Mahindra SUV; that finding the information reliable, the police party laid a NAKA at Himmatpura bus stand at about 10:00 p.m.; that the truck in question with cement bags and Mahindra SUV having accused Rajesh Sharma as occupant were intercepted. The case was investigated. During investigation, Jaswinder Singh Gharu, DSP Nihal Singh Wala had taken into possession the truck in question and on 28.9.2012, he had arrested accused Rajesh Sharma, who was released on bail by this Court. After completion of investigation, challan was prepared and filed in the Court.

(3.) The trial against the accused proceeded and the trial Court vide impugned judgment acquitted the accused of the charge framed against them finding that when the truck in question was already lying parked at Police Station Nihal Singh Wala on 25.9.2012 and was released on superdari on 30.7.2013, as had transpired during the trial then the version of the prosecution that truck had been taken into possession on 26.9.2012 at about 10:00 p.m. stands shattered. It was further observed that SI Jaswinder Singh in active connivance with the then DSP Jaswinder Singh Gharu and other police officials to save their skins since the accused did not concede their illegal demand of bribe had told the police officials that they would approach this Court against atrocities of the police. The trial Court while saying so has referred to cross-examination of petitioner Jaswinder Singh, who was the Investigating Officer of the case besides other prosecution witnesses and depositions of the witnesses examined in defence by the accused. Paras No.44 and 45 of the judgment are relevant and are reproduced as under for ready reference: