KULBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . According to the prosecution, on 15.12.1995 ASI Mohinder Singh alongwith Constable Vijay Bhan was present at Matheri Chowk in connection with patrolling. At about 11.30/11.45 p.m. a tractor-trolley came towards Matheri Chowk. ASI Mohinder Singh signalled the tractor-trolley to stop as there was suspicion that explosive material was being carried in that tractor-trolley, besides fire arms and ammunitions. Constable Vijay Bhan went near the tractor-trolley. One of the occupants of the tractor-trolley fired on him. There were 5 occupants in the trolley. The co-accused took possession of the carbine and magazine from Constable Vijay Bhan. Constable Vijay Bhan died at the spot with gun shot injury. Tractor-trolley was found to be loaded with 16-1/2 kgs of RDX. 30 kgs. of RDX, was recovered from a pond of village Matheri. 6 kgs. of RDX, according to the prosecution, was recovered from the possession of Kulbir Singh-petitioner. From the possession of Jagtar Singh Hawara, 11 kgs. of RDX, from the possession of Hakim Singh 6 kgs. of RDX and from the possession of Gurmit Singh 4 kgs of RDX was recovered.

(2.) SO far as Kulbir Singh-petitioner is concerned, there is no allegation that he participated in the murder of Constable Vijay Bhan or in the murderous attack on ASI Mohinder Singh. Allegation against him is that 6 kgs. of RDX was recovered from his possession.

(3.) LEARNED AAG Haryana on the other hand submitted that the petitioner was involved in the conspiracy to eliminate Sh. Bhajan Lal, the then Chief Ministry, Haryana. He submitted that RDX was to be laid on the route on which he was likely to be travelling. Learned counsel for the petitioner submitted that there is no evidence to sustain this allegation. He further submitted that the recovery of RDX is also based on the statement of police officials. Learned AAG, Haryana submitted that RDX could have been used in the manufacturing of bombs and the bombs would have been security hazard of the State.