LAWS(P&H)-1959-8-11

MOHINDAR SINGH Vs. STATE

Decided On August 31, 1959
MOHINDAR SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal and Criminal Appeal No. 470/59 which arise out of the same judgment may be disposed of together. In the first appeal, Mohinder Singh is the appellant and the second appeal is filed on behalf of Balbir Singh. Originally, besides the two accused appellants, there were also tried two accused appellants, there were also tried two other persons, Mohammad Aslam a citizen of Pakistan who has been found guilty and convicted and Jita who has been given the benefit of doubt and acquitted. Mohinder Singh accused appellant has been convicted under S. 307 of the Indian Penal Code and sentenced to undergo three years' rigorous imprisonment. Balbir Singh appellant and mohammad Aslam accused--the latter has not filed any appeal to this Court--were found guilty under S. 307 read with S. 34 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for three years.

(2.) The prosecution story is that P.W. 4. S. Kashmira Singh, Sub-Inspector, Pubjab Armed Police, along with eight constables had, in the usual routine patrol for detecting smuggling, arranged a nakabandi party, and at 3-0 A.M. on 22-9-1958, they were sitting in ambush at about 300 yards from Mauza Bachiwind. The constables were armed with rifles and the Sub-Inspector had a revolver and also a "Veri Lite Pistol". The letter is carried for illuminating the area at night and as also for signaling as it can usually flash multi-coloured light. At about 3-0 A.M. footfalls of some persons were heard coming in the direction of the police party. The Sub Inspector challenged those persons while they were still at some distance demanding who they were and they should stop. It may be noted here that when challenging he did not tell them that he was a police officer or theirs was a police party. Before he could discharge the pistol intended for illuminating the area, two or three revolver shots were fired from the side of the accused and the prosecution witnesses felt that they were fired towards them. On this, Sub-Inspector Kashmira Singh fired his Veri Lite Pistol and in its light he could see four persons including Mohinder Singh accused-appellant who was armed with a revolver, and whom he previously knew and therefore identified him at once. The members of the police party under his orders fired about 10 or 12 shots. When light pistol was again fired, Kashmira Singh saw two persons running away in one direction and the other two in another direction. The nakabandi party divided itself into two and pursued the fleeing accused. Kashmira Singh and his companions ran in pursuit of Mohinder Singh and another, but could not overtake them, and these two made good their escape. The other batch was successful. They overtook Balbir Singh and mohammad Aslam accused after a pursuit over 100 yards and secured them. During the struggle these two accused received injuries. A memorandum Exhibit P. A was written at 4-0 A.M. and sent to the Police Station at Lopoke per Foot Constable Tara Singh. Shri Balaram, Station House Officer, P.W. 15, received the memorandum at 4-45 A.M. and proceeded to the place of occurrence reaching them at 5-30 A.M. This spot was at a distance of about four miles from the police station. Accused Balbir Singh and Mohammad Aslam who were held in the custody of the P. A. P. Party were formally arrested and their injury statements were prepared and the two accused were sent for medical examination. He took certain clothes and shoes (Exhibits P. 1 to 6) into his possession and also recovered an eight-anna piece of Pakistan currency from Mohammad Aslam.

(3.) Despite search Mohinder Singh accused could not be found till 2nd of October 1958, on which date Shangara Singh Sarpanch produced him before P.W. 15 Shri Balram S. H. O. in the police station Lopoke, and he was put under arrest Jita, the fourth accused, who has been acquitted was arrested some days later. The S. H. O. did not find any fired cartridges at the place of occurrence, and the empties of the bullets which had been fired by the policemen were left with them.