SATPAL SINGH Vs. STATE

JUDGEMENT

(1.) These two appeals arise out of a common judgment of conviction dated 02.02.2012 recorded by learned 2nd Additional Sessions Judge, Jammu on File No.74 Sessions titled 'State Vs. Sewak Singh and ors.' by virtue whereof appellants - Satpal Singh and Sewak Singh (hereinafter to be referred to as the 'accused') stand convicted under Sections 302/120-B and 201 RPC. In terms of order of sentence formulated on 06.02.2012, the learned Trial Court slapped sentence of imprisonment for life and a fine of Rs.4,000/- upon the convicts for commission of offence under Section 302/120-B RPC and in default, to further undergo simple imprisonment for six months. They were also sentenced to undergo simple imprisonment for two years and fine of Rs.2,000/- for commission of offence under Section 201 RPC. In default of payment of fine, they were directed to suffer further simple imprisonment for three months. Both substantive sentences were directed to run concurrently. The judgment of conviction and order of sentence have been assailed by the two convicts/accused by filing separate appeals. Reference made by the learned Trial Court in terms of provisions of Section 374 Cr.PC is taken up together with the appeals which have been clubbed for hearing.

(2.) The facts leading to prosecution of accused along with one Jagjit Singh, who was initially declared an absconder and against whom proceedings under Section 512 Cr.PC were set in motion died during the course of trial. Facts leading to prosecution of accused, as reflected in the charge-sheet are that on 13.10.1998 at 10:05 PM, accused-Sewak Singh, Incharge SP (Operations) - Poonch based at Surankote lodged a written report with Police Station Surankote stating therein that PSI - Ajay Gupta along with driver Mohammad Akram, Constable-Satpal Singh alias TT and Abdul Razaq - bodyguards, while returning from patrolling duty/naka, were ambushed by anti-national elements near TCP crossing in which PSI - Ajay Gupta received bullet injury on his head. It was stated in the written report that the bodyguard had retaliated the fire and PSI - Ajay Gupta had succumbed to injuries in the hospital. This led to registration of case under FIR No.172/98 for offence under Sections 302/120-B, 121, 122 RPC, 7/25/26/27 Arms Act and Section 3 of EAO (Enemy Agents Ordinance) by Inspector - Jagjit Singh posted as SHO-Surankote at that time. Investigation was embarked upon. The blood soaked jacket of driver Mohammad Akram, SLR of accused Satpal Singh, AK-47 Rifle of Constable - Abdul Razaq and Gypsy No.8692/2E were seized. Later the investigation was taken over by Inspector - VP Samyal on 27.10.1998 when SHO - Jagjit Singh proceeded on leave. Subsequently investigation was transferred to Crime Branch, Jammu. The investigation revealed that accused Sewak Singh and PSI - Ajay Gupta (hereinafter to be referred to as the 'deceased') had a scuffle in the month of August, 1998 at Surankote. Accused Sewak Singh had slapped the deceased who retaliated and in the process, turban of accused Sewak Singh fell on the ground. Both officers threatened each other and accused Sewak Singh declared that 'time will show who will kill whom?' The scuffle created inimical relations between the two. On 13.10.1998 in the evening, there was a party in the house of accused Sewak Singh in which CO (Commanding Officer) and 2 IC of 27 RR, a local contractor Abdul Khaliq besides the deceased participated. The Army officers and the contractor left after sometime. However, the contractor returned shortly thereafter with more alcohol and shared drinks with the deceased. Later the contractor requested accused Sewak Singh for arranging transport for dropping him at his residence. Accused Sewak Singh asked the deceased, driver Mohammad Akram, Constable Abdul Razaq and accused Satpal Singh to drop contractor Abdul Khaliq at his residence. The investigation further revealed that while the contractor and others were boarding the official gypsy, accused Sewak Singh whispered something in the ears of accused Satpal Singh. Besides he checked the vehicle three times to ensure that all had boarded the gypsy. Contractor Abdul Khaliq and his PSO Shakeel Ahmed were dropped at the residence of Contractor. While the gypsy was returning to Police Station, accused Satpal Singh was seated on the rear seat just behind the deceased. While approaching TCP crossing a rifle shot was heard inside the gypsy. The driver looked behind and found the door of gypsy closed. He saw the SLR of accused Satpal Singh in firing position aimed at the deceased who had fallen in his lap. Mohammad Akram told the accused Satpal Singh that he had fired the shot but the accused Satpal Singh claimed that the fire had come from outside. The driver shouted that accused Satpal Singh alias TT had killed the deceased. The vehicle was stopped and accused Satpal Singh jumped out of the vehicle and fired two more shots in the air. He was overpowered by Abdul Razaq and the members of patrolling party of 83 Bn. of CRPF. His weapon was seized. Constable Abdul Razaq, being armed with his AK-47 Rifle, rushed to the residence of accused Sewak Singh with the seized SLR and informed him that accused Satpal Singh alias TT had killed Ajay Gupta. Accused Sewak Singh frowned upon him and told him to shut his mouth. Abdul Razaq handed over the seized SLR to accused Sewak Singh. Later the seized SLR was again found in possession of accused Satpal Singh at the time body of deceased was lying in hospital. The Army Officers had checked the AK-47 Rifle of Abdul Razaq and SLR of Satpal Singh and found three rounds missing from the SLR of accused Satpal Singh. Investigation further revealed that on the directions of accused Sewak Singh, uniform of the deceased was obtained from his residence and the civil dress donned by the deceased was replaced with uniform though his T-shirt could not be removed. The blood stained pent removed from the body of deceased was consigned to flames by accused Satpal Singh in hospital premises. Blood stained clothes of deceased were burnt on instructions from accused Sewak Singh and the gypsy involved in the occurrence was washed. Moreover, a false FIR was registered and false report entered in DD of SOG. It was further revealed that accused Sewak Singh persuaded the eye witnesses to give false evidence during inquiry. It was further revealed that prior to occurrence accused Sewak Singh had told accused Satpal Singh in his bedroom that the deceased be eliminated by enacting a false encounter. ASI-Mohammad Niaz Manhas, Duty Officer in Police Station, Surankote reported the incident to SHO Jagjit Singh who informed SP Poonch that Constable Satpal Singh had killed PSI Ajay Gupta at TCP crossing. This fact was reflected by the SHO in the inquest form and CD File. However, he did not seize the blood splashed gypsy used in the crime immediately. SHO - Jagjit Singh entertained a false FIR prepared on dictation of accused Sewak Singh. The investigation culminated in filing of charge-sheet for offence under Sections 302, 201, 218 and 109 read with 120-B of RPC against accused Sewak Singh, offence under Sections 302, 201 and 120-B RPC against accused Satpal Singh and offence under Sections 218, 201 and 120-B RPC against accused Jagjit Singh.

(3.) Accused Sewak Singh and Satpal Singh pleaded not guilty to charges framed against them for offence under Sections 302, 120-B and 201 of RPC. They claimed to be tried. Prosecution was accordingly directed to adduce evidence at the trial, resume whereof is reproduced hereunder from the impugned judgment as some portion of the original record of evidence is torn at the bottom or is partly illegible.