LAKHA SINGH INSPECTOR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT was the best of the times and the worst of the time. If Dickens would have heard the assertion of the appellant's counsel against the terrorism and the State Counsel's counter allegation, he would have said sometimes much more, than what he wrote in Tale of Two Cities. Irrespective of all the Court necessarily has to weigh the evidence and speak of the language of law.

(2.) THE appeal has been filed by the present appellants who were all serving in the Punjab Police, directed against the judgment and the order of sentence passed by the learned Additional Sessions Judge, Hoshiarpur dated 7.7.1997 respectively. All the appellants were held guilty of the offences punishable under Sections 148/302 read with Sections 149 and 201, Indian Penal Code. The learned trial Court had awarded the following sentences to the appellants :

(3.) BAGICHA Singh is the deceased. He was a resident of village Sahungra, Tehsil Garhshankar, District Hoshiarpur. He is alleged to have been murdered while in police custody. The police party was headed by Lakha Singh, Officer Incharge of Police Station, Hariana on 6.3.1993. Hazura Singh is the father of the deceased. He had filed a Criminal Writ Petition No. 125 of 1993 titled Hazura Singh v. Harbans Singh. This Court had directed the District and Sessions Judge, foshiarpur to hold a fact finding enquiry. The District Judge, Hoshiarpur after holding the enquiry returned the findings that it would be safe and reasonable to hold that Bagicha Singh was in police custody. The police party headed by Lakha Singh was taking him. The version of the police that he escaped near Hariana Choe is improper. In all probabilities, it was recorded that he was eliminated. This Court directed to register a case and the matter was investigated by the Inspector General of Police. Report was submitted under Section 173, Cr. P.C. for drawing a case against the appellants with respect to offences punishable under Sections 302/201 read with Sections 148 and 149 Indian Penal Code.