STATE OF H.P. Vs. JAGJIT SINGH

JUDGEMENT

(1.) Shri Surjit Singh, the then Additional Sessions Judge, Una by his impugned judgment dated 6.4.1990 has acquitted the respondents of the offences under Section 120 -B read with Sections 302 and 218 of the I.P.C. Hence the present appeal by the State of Himachal Pradesh.

(2.) The prosecution case against the accused persons is that most of whom being police officials, they had killed four innocent persons, namely, Dalipa alias Dalip Singh, Raj Anmol Singh, Gurjit Singh alias Doctor and Nirmal Singh in a staged encounter on the night intervening 13th and 14th August, 1983 within the jurisdiction of Payal Police Station of Ludhiana District in Punjab State. The relatives of the deceased persons had represented to the then Prime Minister of India Smt. Indira Gandhi as a result of which the investigation of the incident was entrusted to the Central Bureau of Investigation. The same having been completed the C.B.I, filed a report under Section 173, Cr.P.C. along with relevant papers in the Court of the Judicial Magistrate, Ludhiana. When committal proceedings were about to commence by the Judicial Magistrate, Ludhiana, one of the accused, namely, D.R. Bhatti, the then D.I.G. Jalandhar Range Punjab moved an application for transfer of the case to the Court outside the State of Punjab. The Apex Court by order dated 20.12.1986 allowed his prayer and transferred the case from the Court of Judicial Magistrate, Ludhiana to the Court of Judicial Magistrate 1st Class, Una, H.P. and directed it to be tried by the Sessions Judge, Una in case the Magistrate committed the case for trial. It was in these circumstances that the trial took place before the Additional Sessions Judge, Una resulting in the impugned judgment of acquittal

(3.) In 1981 the said D.R. Bhatti was posted as Senior Superintendent of Police, Ludhiana. In August/September of the same year Lala Jagatnarayan, an eminent political leader of the area and the then proprietor of a group of newspapers published from Jalandhar was murdered by the extremists within the jurisdiction of Ludhiana District. A case was registered regarding that crime and the preliminary inquiry conducted by the police pointed a finger to the involvement of late Sant Jarnail Singh Bhinderwale in the commission of that crime. A warrant for his arrest was obtained from the Court at Ludhiana and the said D.R. Bhatti was required to execute the same. A team headed by the D.I.G. of which D.R. Bhatti was also a member went to Chowk Mehta, the headquarters of said Jarnail Singh Bhinderwale to execute the warrant. Resistance was put up by the armed men and followers of the said Jarnail Singh Bhinderwale, consequently the police had to open fire resulting in the death of certain persons. Ultimately, Jarnail Bhinderwale was arrested in that case. But D.R. Bhatti became an eye -sore for Sikh extremists for this action. They were bent upon to eliminate him physically. In order to achieve that object two or three attempts were made on his life. In one such attempt, he had suffered one bullet injury and had to be hospitalised for about four months. He suspected that Jarnail Singh Bhinderwale was the person who had made attempts on his life through his men and he feared more such attempts on his life in future. Therefore, he was extra cautious in his dealings with the public. Dalipa alias Dalip Singh, one of the deceased in the present occurrence, was suspected to be having links with Bhinderwale and was released on parole from Central Jail Nabha for 15 days, on or about 1.8.1983.