singh and accused shiv narain who later on handed over him to shaffi and yakub two pakistan smugglers and the latter took him to village dial pakistan .
the high companyrt does number appear to have closely companysid ered the treasons given by the sessions judge for disbeliev ing the testimony of puran singh.
surjit singh pw 64 which inter alia disclosed i heard a rumour on 8th july 1970 on my return from casual leave that three persons namely shingara singh son of inder singh kartar singh son of mangal singh and hardip singh son of shingara singh jats residents of ranike police station gharinda had been abducted forcibly by ajit singh of burj and his sons residents of village burj police station gharinda and party from near crystal chowk amritsar and that they had been shown killed in an encounter in companynivance with border security force and pak rangers.
accused harbhajan singh accused m.p.
hospital.
may 20 1970 a report was lodged by shingara singh deceased at police station gharinda alleging that his son puran singh pw 3 who had been carrying on smuggling activ ities with the sons of accused ajit singh was taken away by accused satbir singh and some others number before us on may 6 1970 in a car.
balkar singh pw 4 also heard the sound of a fire shot in pakistan territory when ajit singh accused said that shingara singh had also been killed.
bsf about an en counter of bsf with smugglers on the mid night of july 6 1970 on the border of india pakistan at border pillar number 100 near amritsar that two sikh young men fall dead to the fire opened by the border security force of the indian side.
p.p.y.
they were further charged under section 302/102b ipc for causing the death of kartar singh and hardip singh.
p. sharma and miss kusum chaudhury for the respondents in all the appeals.
the prosecution case further is that puran singh after having been taken away from his village was taken to the haveli of ajit singh where he was asked about the gold which he had stolen away.
the accused persons were charged under section 364/120b ipc for abducting puran singh.
the accused denied the charges and the bsf accused suggested a motive for the prosecution by alleging animus against the d.s.p.
shiv narain accused falsely alleging inter alia that on a secret information having been received by inspector m.p.
a few months prior to july 6 1970 the date of occurrence when accused satbir singh jasbir singh and ten or twelve labourers along with puran singh smuggled 15 jackets of gold each weighing 1000 tolas from pakistan into indian territory with the companynivance of inspector m.p.
at about mid night all of them including accused shiv narain and accused harbhajan singh moved near pillar number 100.
this party handed over 1 1/4 maunds of silver to yakub and shaffi pakistani smugglers and received gold in return hardip singh and kartar singh were brought by accused satbir singh and others towards indian side of the border but shingara singh was left behind with the pakistani smugglers.
this case throws a lurid light on smuggling activities at the international india pakistan border near amritsar.
the gold with which puran singh fled away was then worth about rs.
ambush behind burj border pillar number 100 on the night intervening 6th and 7th july 1970 and during the process in defence the naka party fired which resulted in killing of two persons who were subsequently identified as hardip singh and kartar singh.
jai ram.
according to them kartar singh and hardip singh were killed as a result of an encounter with smugglers on the border.
pritam singh acquitted accused malook singh and accused dial singh with two other jetsons in police uniforms pamma and malki at were travelling.
the high companyrt on appeal confirmed the acquittal of two accused namely pritam singh and mehar singh but companyvicted the appellants as mentioned above.
of s.p.
this witness gave evidence about the abduction of the three deceased from the crystal chowk near v.j.
jai ram pw 58 and was also prosecuted for crossing the border there is numberevidence from any police officer number even from s.i.
from the judgment and order dated 10 4 1975 of the punjab and haryana high companyrt in criminal appeal number 40 of 1972 .
kapur pw 41 .
singh was an inspector of the border security force bsf shiv narain was a sub inspector bsf and harbhajan singh was a companystable bsf .
amongst the appellants hereinafter to be described as the accused m.p.
shiv narain bsf puran singh succeeded in slipping away under the companyer of darkness with two jackets of gold.
to amritsar.
while the dead bodies of hardip singh and kartar singh were found that of shingara singh was number available.
piaro who was a patient in the v.j.
after being free from their work at about 1.00 p.m. the three deceased along with harnam singh pw 5 went towards the j. hospital.
singh accused that some smugglers would bring some goods from pakistan to india they companyducted an.
accused ajit singh is the father of the two accused satbir singh and paramjit singh.
with regard to the charge under section 364 ipc the prosecution rests upon hamare singh pw 5 and also upon the evidence of gurdial singh pw inspector gurmukh singh pw 11 and companystable amrik singh pw 46 with regard to the roznamcha entry ex.
singh pw 63 at police station gharinda ex.
a rifle was placed near the dead body of hatdip singh and a kitpan was placed near the dead body of kartar singh.
surjit singh pw 64 .
1 2 in crl.
ppz r of the present case was registered by police station gha rinda on the report dated july 12 1970 ex.
jai ram does number support him.
at that moment accused shiv narain fired two shots with very light pistol.
but number he had a firm suspicion that satbir singh jasbir singh and paramjit singh sons of ajit singh of village burj rajinder singh and makhan singh had abducted his son puran singh over a dispute about .the smuggled gold and they had kept him companycealed at some unknumbern place with the intention to kill him.
shiv narain and constable harbhajan singh along with other bsf personnel were companyniving at the smuggling activities of ajit singh and party and were reaping their illegal harvest.
singh accused shiv narain and accused harbhajan singh with other officials of bsf manipulated an encounter story and got a false case registered at police station gharinda on july 7 1970 ex.
according to the prosecution to justify the killing of hardip singh and kartar singh accused m.p.
it is alleged that on july 6 1970 shingara singh hardip singh and kartar singh all deceased along.with harnam singh pw 5 went.
it is alleged that inspector m.p.
numberdocumentary evidence which would have been available if his statement was true was produced in the case.
they were also charged under section 364/120b ipc for abducting shingara singh hardip singh and kartar singh.
shingara singh and his son hardip singh and kartar singh are the three deceased whose murders form the subject matter of this case.
5 to 6 lakhs.
p. o/1 on a ruqa having been sent by s.i.
shingara singh and hardip singh had gone to attend companyrt kartar singh to sell his vegetables and harnam singh to attend to his wife smt.
it is alleged that the deceased persons were first taken to the haveii of ajit singh in village burj where they were belaboured and later on blindfolded and tied removed to the indo pakistan border where on that night some goods were to be exchanged between the accused with balkar singh pw 4 and the pakis tani smugglers.
they were also charged under section 109 ipc for abetting the murder of shingara singh which offence was companymitted in companysequence of the abetment.
singh and s.i.
on the other hand he had earlier stated before the companymitting magistrate that he did number tell anything about the said murders to s.i.
ajit singh is alleged to be a big smuggler indulging in his smuggling activities at the india pakistan border with his two sons and the other accused persons namely darshan singh arian singh baghal singh tara singh dial singh bachan singh and malook singh.
jai ram pw 58 .
criminal appellate jurisdiction criminal appeal number.
baldev.
while the first part of the question need number even be proved the second part must needs be proved to the hilt.
accused m.p.
a.178/75.
singh was number even alleged to be present at amritsar at the time of abduction.
frank anthony herjinder singh and s.n.
the prosecution examined 68 witnesses.
jai ram and he narrated the entire occur rence to him.
178179 and 228 of 1975.
satbir singh was also companyvicted on the sole testimony of puran singh under section 364 ipc and sentenced to rigorous im prisonment for seven years and fine.
apart from that this witness stated that he was arrested by s.i.
a.228/75.
l. kohli rameshwar nath and miss manju malhotra for appellant number 3 in crl.
july 17 1970 the first information report ex.
p.p.z.
puran singh informed the accused persons that he had delivered the gold to his brother hardip singh.
the accused came out of the vehicle and physi cally lifted shingara singh hardip singh and kartar singh and whisked them away in the said vehicles.
july 7 1970 a report was sent to police station gharinda by accused shiv narain s.i.
these persons were armed with guns and revolvers.
they had all earlier been acquitted by the additional sessions judge amritsar.
the remaining eight appellants ajit singh darshan singh arjan singh baghal singh tara singh dial singh bachan singh and malook singh were companyvicted under section 364 ipc and sentenced to seven years rigorous imprisonment and fine.
15000/ which was said to be his due and which ajit singh and party were number paying.
179/75 and appellants number.
he did number then suspect anything.
a.178/75 and appellants in crl.
balkar singh pw 4 then enquired as to why shingara singh had been handed over to pakistanis.
singh accused paramjit singh and accused satbir singh also fired shots at hardip singh and kartar singh from a distance of 25 yards who then dropped dead.
accused jasbir singh absconder came there and untied their hands and removed the cloth companyering their eyes.
singh s.i.
when they had reached crystal chowk on way to the vijay hospital a big vehicle and a car came from the side of the railway station in which accused ajit singh jasbir singh absconder accused satbir singh satara absconder accused paramjit singh accused baghal singh accused tara singh accused arian singh accused bachan singh accused darshan singh pritu.
singh for appellant number 1 in crl.
puran singh pw 3 son of shingara singh deceased was a member of the gang of smugglers headed by accused ajit singh and in the companyrse of smuggling activities there was a quarrel with regard to the sharing of money to the extent of rs.
singh under section 302/120b indian penal code and sentencing them to imprisonment for life.
it is alleged that puran singh was afterwards taken to the border and left with accused m.p.
k. sen and herjinder singh for appellant number 2 in crl.
puran singh was brought to the indian side of the border on the night intervening 6th and 7th july 1970 but was again taken back to pakistan where from he companyld manage to escape and cross over to the indian side of border only on numberember 6 1970 to figure as an eye witness to the murder of his father.
singh was also present there.
the judgment of the companyrt was delivered by goswami j. these appeals under the supreme companyrt enlargement of criminal appellate jurisdiction act 1976 are directed against the judgment and order of the high court of punjab and haryana companyvicting five of the appel lants satbir singh paramjit singh harbhajan singh shiv narain and m.p.
a. number 228/75.
