BHUPINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Has the prosecution collected sufficient evidence to link the appellant Bhupinder Singh, a constable with the Punjab Police, with the crime alleged against him, is the question that has been mooted in the present appeal preferred by him challenging the order of his conviction and sentence dated April 24, 1996 passed by the learned Sessions Judge, Amritsar. He has been held guilty for intentionally causing death of one Manga and, thus, sentenced to undergo RI for life and to pay a fine of Rs. 2000/-, or in default of payment of fine to further undergo RI for six months. He has also been sentenced under S. 182, IPC to undergo RI for six months. The sentences have, however, been ordered to run concurrently.

(2.) The first version of incident leading to death of Manga came to be recorded by none other than appellant himself. He, while lodging the FIR, stated that he was employed as constable and was posted at police Station, Majitha. As per the orders of the SSP, Majitha, he was doing the CID duty. On 1-12-1993 he came to his village Bhuregill to enquire about the evening, he and his cousin Nirmal Singh son of Kulwant Singh had gone outside for answering the call of nature. He was having his service rifle .303 for his security bearing butt No. 488 and his uncle's son was having single barrel licensed. 12 bore gun of his father. At about 8-30 p.m. when they were a little behind the fields of Onkarjit Singh son of Lakhbir Singh, two unknown persons were seen coming from the opposite side. He asked them as to who were they but instead of giving the reply, they took position and started firing at them with an intention to kill them. They also took position and started firing in self defence towards them. The firing continued from both the sides for 15/20 minutes. When the firing stopped from the opposite side, he and his cousin stopped ahead and saw the dead body of an unknown person which was perforated with fun shots and near his right hand an SLR together with a magazine was lying and at some distance empty cartridges of AK 47 were also lying. The other person succeeded in running away taking the benefit of darkness. They remained at the spot out of fear. In the morning, Sain son of Shankar, resident of Bhuregill came at the spot. He after leaving Nirmal Singh son of Kulwant Singh and Chowkidar Sain to safeguard the dead body, was going to the police station Ramdass for giving the information when SI Dilbag Singh met him and he got recorded his statement to SI/SHO Dilbag Singh, PS Ramdass.

(3.) It appears that the version given by the appellant did not find favour with the police authorities and, therefore, an other FIR, this time against the appellant, came to be registered on December 22, 1993. Baldev Raj Sharma, SSP, Majitha addressed a letter to the SHO, PS Ramdas on the date aforesaid. It was stated in the letter aforesaid that during the investigation of case No. 66/93, dated 2-12-1993 under S. 307/34, IPC, 25/54/59 of the Arms Act, 5 TDAP Act, Police Station Ramdass, which had been got registered by the Bhupinder Singh constable has been found false because in that case the SLR No. 15365889 which was recovered from near the dead body was stolen by this Constable from the police station Majitha when he was posted there. At that time of investigation, SHO Dilbag Singh found that no cartridge was found to be fired from this SLR and only two magazines and four live cartridges were found and Nirmal Singh, as stated by him to be the eye witness and accompanying him, was actually not present at the spot. This constable, with the connivance of Jaswant Singh resident of Bhuregill, captured one youngman, who was later identified as Manga alias Baldev Singh son of Teja Singh, resident of Village Lidher and took him to his village, where he and his companion Jaswant Singh had shot dead Manga with his rifle .303 which was given to him for his safety in the fields of Bakshish Singh, resident of Bhuregill. The cause of this murder was that he misused his power and position to get the promotion. The investigation of the said case was done by Shri Baldev Raj Sharma, SSP and case No. 66/93 was cancelled. The SSP, thus, directed the SHO concerned to register an FIR under Ss. 302/380/34, IPC and 25/54/59 of theArms Act. After investigation, challan was presented against the appellant and he was tried for an offence under S. 302, IPC for having intentionally caused the death of Manga, with the result, as already indicated above.