BALJIT SINGH SARPANCH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE occurrence took place at about 3 a.m. during the night 14/15-2-1988 in village Kuttiwalan within the area of Police Post Sabhra, at a distance of 3.4 km. During the night, Jassa Singh son of Shangara Singh heard Baljit Singh and Jassa Singh petitioners, asking Major Singh to take revenge from Jaswant Singh (deceased). At that time according to Jassa Singh P.W., Baljit Singh and Jassa Singh were taking liquor in a school building. This Jassa Singh did not inform the family members of the deceased there and then He remained quiet till he learnt about Jaswant Singh having been murdered. Even then, this fact of Jassa Singh P.W. having heard Baljit Singh and Jassa Singh, petitioners asking Major Singh to do the job of his own, is not mentioned in the FIR lodged by Pargat Singh brother of the deceased whose statement is Said to have been recorded at 8-15 a.m. at Police Post Sabhra. In the FIR. only suspicion has been expressed in the following words :

(2.) IN view of these circumstances the petitioners are allowed Jail to the satisfaction of the Chief Judicial Magistrate, Amritsar. Anything observed herein will not be relevant and referred to during trial. Order accordingly