BALVINDER SINGH & ANR. Vs. STATE

JUDGEMENT

(1.) S. B. Cr. Appeal No. 157/88 has been preferred against the judgment dated 26/4/88 passed by the Sessions Judge. Jaipur City. Jaipur, by which, he found guilty both the petitioners under section 120 B Penal Code and Sec. 3 read with Sec. 9 of the Official Secret Act. The appellant were sentenced for the offence under section 120 B Penal Code for two years R. I. and for the offence under section 3 read with Sec. 9 of the Official Secret Act to 5 years R. I. Each has also been fined Rs. 500.00 for each offence and in default of payment of fine, to further undergo 6 months R.I. Both the sentences were ordered to run concurrently.

(2.) On 8-1-82, Shri Richpalsingh, S.H.O., P.S. Hanumangarh received an information from a source that one Pakistani spy Jahangeer was coming to Hanumangarh Bus-stand. The S.H.O. along with his party-men i.e. Charan Singh, Bhoop Singh and Ramniwas reached Hanuman Garh bus star.d at 5.30 p m. and arrested Jahangeer, On search they recovered from his possession an Urdu written chit. That chit is Ex.P.3. During his interrogation he revealed that he first met with Amin Mandal Pakistani spy in 1978, who introduced him with one Subedar Iqbal of Pakistani intelligence. Since then he has been coming to India for gathering important and strategic military and other information and site photos which can be dangerous to the security of Indian Government. He further disclosed that closed associates who have been collecting in-formations for him were accused Balvinder Singh, Gurdeep Singh and Bachan Singh. On this information the Police arrested Balvinder Singh, Gurdeep Singh and Bachan Singh and recorded their information under section 27 of the Evidence Act. On the basis of these in-formations a letter Ex.P.8 was recovered by the Police from the possession of Balvinder Singh. This letter was scribed by Bachan Singh. The Police also recovered photos from the possession of Gurdeep Singh on his information. All these in-formations and the documents were sent by the S.P. Ganganagar with his report to S.P. Special Police, Jaipur for registering the case. F.I.R. No. Ex P.6 was prepared and the matter was investigated. After completing the usual investigation a charge-sheet was submitted before C.J.M. Jaipur City, who committed all the accused-persons to the Court of the Sessions Judge, Jaipur City for trial under section 120-B Penal Code and under section 3 read with Sec. 9 of the Official Secret Act on 2-1-86. As the accused Gurdeep Singh had absconded he was not committed. Thus, the learned Sessions Judge conducted the trial against the appellants and Jahangeer.

(3.) The trial Judge framed charge against the accused-persons under section 120-B Penal Code and Sec. 3 read with Sec. 9 of the Official Secret Act. The accused pleaded not guilty and claimed trial.