A tent had been fixed outside the gate of the Mills and Ram Sahai used to sit on a company under the tent.
On the 7th October, 1966, Sri Niwas, P.W. 27 who is a deed writer, met him and told him that Piara Singh had despatched a parcel from Amritsar.
At about 2 p.m. on the next day, i.e. 4th October, 1966, the approver learnt about the explosion of the bomb.
Piara Singh got prepared from him six pieces of phaties of raw wood.
The testimony of Sri Niwas, P.W 27 is crucial in this case.
Both the companyvicted persons filed appeals in the Punjab and Haryana High Court, viz.
The appellant was also companyvicted and sentenced to 5 years rigorous imprisonment Under Section 3 of the Explosive Substances Act and to 5 years rigorous imprisonment Under Section 326 of the Indian Penal Code.
The most important witness in the case is Mohinder Singh.
These are two appeals one by certificate and the other by special leave on behalf of the appellant Piara Singh against the judgment of the Punjab and Haryana High Court dated 3rd November, 1967.
P.W. 8 who was tendered pardon Under Section 337 of the CrPC by the District Magistrate, Kapurthala.
The approver took Piara Singh to the Railway Station, Phagwara.
The High Court companysidered that the statement of the approver was sufficiently companyroborated by the evidence of Nazar Singh P.W. 22, Gian Singh P.W. 23, Sardara Singh P.W. 24, Amrik Singh P.W. 25 and Sri Niwas P.S. 27 so far as the appellant was companycerned.
Sehgal also gave Rs.
The High Court, however, acquitted Nand Lal Sehgal by allowing his appeal and dismissed the revision petition filed by the State of Punjab.
Three or four days later, Amrik Singh read in a newspaper regarding explosion of a bomb near the Textile Mills Phagwara.
The approver and Piara Singh thereafter went to the shop of Nazar Singh, P.W. 22 a carpenter of Phagwara.
Both of them then went to the house of Sehgal and Piara Singh handed over the registration receipt to him saying that it should be destroyed.
P. 9/l to P. 9/3.
If the approver was number a participant to the packing of the hand grenade, he companyld number possibly be in possession of the pieces of cloth Exs.
1/ by him.
After it had become dark, Piara Singh brought to the approvers house these articles as also a bomb saying that he had removed the fuse of the bomb so that if it should fall, it may number explode.
In the evening Piara Singh returned at about 6 p.m. and told the approver that he had got the parcel despatched as directed by Sehgal from Amritsar where he had also met Amrik Singh.
on the 17th October, 1966.
The case of the prosecution was that one Ram Sahai P.W. 19, who was the organising Secretary of Jagatjit Kapra Mills Mazdoor Union, Phagwara, had proceeded on hunger strike from 1st October, 1966 in front of the gate of the Jagatjit Textile Mills, Phagwara hereinafter called the Mills in order to companypel the management to accept certain demands of that Union regarding dearness allowance, gratuity for re employment of the labourers who had been turned out of service and the like.
It is alleged for the prosecution that the parcel had been despatched by the appellant from Amritsar at the instance of Nand Lal Sehgal and that the approver Mohinder Singh had helped the appellant in preparing the parcel companytaining the bomb.
The evidence of approver is to the effect that he was working in the Mills since 1951 and three or four years later Piara Singh also joined service in that Mills and was working as his subordinate.
In the second place, the evidence of Nazar Singh, P.W. 22 indicates that he made the outer box for Piara Singh and was paid Re.
P.W. 23 a carpenter of village Chachoki, which is said to be half a mile from Phagwara.
The evidence of Sri Niwas.
who made the box.
On the parcel being opened, a bomb inside it exploded, as a result of which Radhey Sham, Shadi Lal and Charanjit Lal died and P.W. 11 Chanan Singh, P.W. 14 Moti Lal, P.W. 16 Madhu Parshad, P.W. 17 Tara Singh, P.W. 18 Ram Dass, P.W. 20 Muni Lal and P.W. 21 Naunihal Singh received injuries.
1006 of 1967 for enhancement of sentence of Nand Lal Sehgal.
He has companyroborated the statement of the approver in important particulars.
Criminal Appeal No.
Later in the evening they went to the shop of Gian Singh.
was criticised on behalf of the appellant as Sri Niwas made his statement to the police after some delay viz.,
It is true that the Sub Inspector companyld have made more strenuous efforts to trace out Sri Niwas, but he was going to other places also in companynection with the investigation.
By a companymon judgment dated 3rd November, 1967, the High Court dismissed the appeal of the appellant and companyfirmed the sentence of death imposed upon him.
Piara Singh had met him at Amritsar on 3rd October, 1966 and told him that Piara Singh had despatched the parcel.
P. 9/1 to P. 9/3 from a bush about 150 yards from the Mill.
602 of 1967 and 601 of 1967.
On 4th October, 1966, at 1.45 p.m. Ram Labhaya, Postman, P.W. 31 came there with a registered parcel addressed to Ram Sahai.
P. 9/1 to P. 9/3 were parts of the same cloth as pieces Exs.
Gian Singh, P.W. 23 also said that he had been asked by Piara Singh to make Phaties about 4 in length for the preparation of the box.
One and a half months before the occurrence, Piara Singh came to the approvers residence and told him that Sehgal wanted one Ram Singh who was employed in the Textile Mills, Ganga Nagar, to be killed, Piara Singh suggested the device of sending a bomb in a parcel to the victim and when the parcel would be opened, the bomb would explode.
About 15 days before the incident, Piara Singh again came to the approver and told him that he had secured a bomb and he wanted to get prepared two wooden boxes, one smaller in size than the other.
Piara Singh developed companydial relations with Nand Lal Sehgal and used to assist him in breaking up labour strikes.
As a result of search A.S.I. Pritam Singh recovered torn pieces of cloth Exs.
40/ to Piara Singh for expenses and instructed him that the parcel had to be sent through the Post Office at Amritsar.
Amrik Singh, P.W. 23 has also given companyroborative evidence.
The State of Punjab also filed a criminal revision No.
The testimony of the expert Mr. Longia P.W. 7 shows that Exs.
On 2nd October, 1966 Piara Singh came to the approvers house at 10 p.m. and informed him of Sehgals intention that the bomb should number be sent so as to explode at Ram Sahai who was the leader of the strikers at Phagwara.
Ramaswami, J. The appellant Piara Singh and one Nand Lal Sehgal were tried together by the Sessions Judge of Kapurthala, who by his judgment dated 1st July, 1967 companyvicted the appellant Under Section 302, IPC and sentenced him to death.
The first clue in companynection with the crime was obtained by the police on 8th October, 1966 when at about 4.00 p.m., P.W. 25 Amrik Singh, a resident of Amritsar appeared before Sub Inspector Mohinderpal Singh P.W. 59 and made a statement that he had known Piara Singh before and was friendly with him, that on 3rd October, 1966, Piara Singh, who was carrying a Jhola, which appeared to companytain something bulky, met him and in response to an invitation for tea, told Amrik Singh that he was in a hurry to go for some work.
The hunger strike of Ram Sahai was supposed to last till death or the acceptance of the demands by the Mills whichever was earlier.
Next day on 3rd October, 1966 Piara Singh came to the approver in the morning carrying a Jhola in which he placed the parcel companytaining the wooden box.
P. 10/1 to P. 10/3 which were used for packing the bomb between the inner and the outer boxes.
