BALJIT SINGH Vs. UNION TERRITORY

JUDGEMENT

(1.) THE criminal revision is directed against the order of the learned Additional Sessions Judge, Chandigarh dated 4.7.1997 framing charges against petitioners (1) Baljit Singh, (2) Rajwinder Singh, and (3) Gurdas Chand under Sections 392, 397 read with Section 34 and under Section 411 IPC and a charge under Section 25 of the Arms Act against the petitioner Rajwinder Singh. Criminal Miscellanenous No. 16907-M of 1997 has been filed by the very same petitioners for being released on bail with reference to the same occurrence. Therefore, I am disposing of the criminal revision petition and the application for bail by this common order.

(2.) FIR No. 344 dated 4.11.1994 under Sections 392, 397, 411, 452 and 34 IPC and under Section 25/27 of the Arms Act was registered at Police Station East, Chandigarh on the statement of Ashok Kumar made on 4.11.1994. The case of the prosecution is that on the night intervening 3.11.1994 and 4.11.1994, Ashok Kumar, a resident of Chandigarh, members of his family and his servant were bursting crackers on the road in front of their house and at about 11.20 p.m., they went inside the house and were at the dining table to take dinner. Three young persons, two of them being Sikhs armed with pistols, while the remaining one, being clean-shaven, armed with knife, came into the house, bolted the door from inside, fired a shot, and snapped the telephone wire. They demanded they should be given Rs. 5 lacs on the threat that the son of Ashok Kumar would be kidnapped otherwise, and when Ashok Kumar pleaded inability to pay that much of money, all the three of them demanded to hand over the ornaments and other valuable articles. According to the prosecution, Ashok Kumar's wife-Usha Rani handed over the ornaments including the bangles, locket, kara and similarly the other persons also handed over their ornaments to them. They also opened the almirah and removed certain articles. One of the Sikhs fired the pistol, which hit Ashok Kumar, and threatened him not to inform anybody, and then all of them ran away. Ashok Kumar was taken to the P.G.I. Hospital and was given medical aid. It is on this basis the above said F.I.R. was registered. Later, on 1.10.1996, accused-petitioner-Baljit Singh was apprehended and in pursuance of the disclosure statement made by him, certain ornaments were recovered which were identified by the complainant- Ashok Kumar as the jewellery which were taken away from his house on the date of occurrence. Petitioner-accused-Baljit Singh made a further disclosure statements on 8.10.1996 which led to the recovery of certain items which were concerned in other cases. Similarly, Gurdas Chand who was arrested on 21.10.1996, also made a disclosure statement leading to the recovery of certain other items which were concerned in another case. Petitioner-Rajwinder Singh, who was arrested on 21.10.1996, also led to the recovery of certain items concerned in some other case in pursuance of his disclosure statement. On 22.10.1996, he made another disclosure leading to the recovery of certain articles concerned in this case and which were identified by Ashok Kumar as the items of jewellery taken away from his house on the date of the occurrence. According to the prosecution, two bullets removed from the body of injured Ashok Kumar were found to have been fired from the same revolver vide report of the Central Forensic Science Laboratory dated 30.12.1994. These bullets were received by the Forensic Science Laboratory on 16.12.1994.

(3.) AJAIB Singh Head Constable made a statement under Section 161 Cr.P.C. that he was posted as Assistant Kot Incharge at Headquarters C.I.D. Punjab Secretariat and that on 28.11.1996. Sub Inspector-Partap Singh, C.I.A. Special Cell came to him and showed the order dated 8.11.1996 as per which he handed over revolver No. V 629006/.38 calibre to him. He also stated that this revolver was issued to Constable-Baljit Singh from 17.2.1989 to 28.2.1995. The said Head Constable-Ajaib Singh made a supplementary statement under Section 161 Cr.P.C. on 21.12.1996 that Constable-Baljit Singh was also issued, along with revolver, 15 cartridges and that he had deposited the revolver along with 15 cartridges in perfect condition with the Kot on 28.2.1995.