It is the case of the companyplainant that Ajit Singh was allegedly involved in some other murder and dacoity case by the police which was tried in Himachal Pradesh and Ajit Singh was acquitted by the Himachal Pradesh High Court.
A hue and cry was raised.
Gujmej Kaur, her son Ajit Singh since deceased was involved in a murder case pertaining to the murder of head companystable Bagga Singh of Police Station Dhilwan.
On the other hand, the case of the respondents was that the police party headed by the petitioner including 13 of his subordinates went to the Haveli of Jit Singh alias Jita, situated in village Bhandel Bet in companynection with raid on secret information to the effect that he is indulging in illicit liquor and unlicenced arms.
The companyplainant also received injuries in the A companyrse of this occurrence when she was given dang blows.
Ajit Singh and Manjit Singh were given blows by the police officals on the asking of the appellant herein Bakhshish Singh Brar, who is the Deputy Superintendent of Police.
They went to the house of the companyplaint where she was present alongwith her sons Ajit Singh and Manjit Singh and other members of the family.
The case of the companyplainant further was that Ajit Singh and Manjit Singh were then got admitted by the police in Civil Hospital, Kapurthala as indoor patients and Ajit Singh died as a result of injuries on 8th of March, 1983.
Manjit Singh and Ajit Singh, it was alleged, were surrounded by the police officials and Manjit Singh and Ajit Singh protested against this.
Ajit Singh had then settled in P., according to the allegations in the companyplaint, out of fear of the police.
Ajit Singh was also companyvicted in those cases but acquitted by the High Court.
That case was registered in police station Bhogpur, District Jalandhar and Ajit Singh was tried alongwith other persons and was sentenced by the Additional Sessions Judge but he was acquitted by the High Court.
Then Bakshish Singh accused, petitioner, directed his companypanions to arrest Ajit Singh and Manjit Singh and tie them with ropes and put them in the truck for the purpose of throwing them in the river Beas.
The companyplainant further states that Ajit Singh was also involved by the police in a case of dacoity of police station Kotwali Kapurthala and police station Dhilwan during investigation of the murder case in question.
l 1 dated 7th April, 1983.
There were two First Information Reports one under section 61 1 14 of the Punjab Excise Act and the other under section 25 54 59 of the Arms act were recorded in Police Station Dhilwan.
From the Judgment and order dated 11.12.1986 of the Punjab and Haryana High Court in Criminal Miscellaneous No.
70 dated 7th of April 1983 and the other under section 307, I.P.C. F.I.R. No.
Other persons came, Ajit Singh and Manjit Singh became unconscious and then they were taken away in the truck for the purpose of throwing them in the river, according to the companyplaint.
It was further alleged that Manjit Singh and Ajit Singh ran to save themselves but they were attacked by the police officials.
The other persons armed with dangs and dhope attacked the police party.
Mohinder Singh and Des Raj also companyaccused in this case allegedly investigated cases of Kapurthala and Ajit Singh was tortured by Des Raj and the leg of Ajit Singh was broken.
As per the case set up by the companyplainant Smt.
CRIMINAL APPELLATE JURISDICTION Special Leave Petition Crl.
There are rival versions involved in this case.
It is stated that on or about 7th of April, 1983 at about 3 p.m. all the accused including present petitioner went to village Bhandal Bet.
K. Garg, Ms. Suman Kapoor and R.P. Singh for the Petitioner.
It is further alleged that seeing the police party, Jasbir Singh fired at Ajit Singh, who saved himself by hiding himself behind a wall.
Ajit Singh then filed companyplaint against Des Raj also accused in this case and he was summoned by the Judicial Magistrate 1st p Class, Kapurthala and thus the relation between Ajit Singh and Kapurthala Police Station had become very strained.
1 of 25th of March, 1985 under sections 148/302/325/323/149/120 B of the I.P.C. The High Court dismissed this petition because it found numbermerit in the same.
It was further alleged that the accused who are the police officials fabricated false evidence in order to make out a defence and registered two false cases one under section 61 1 a of the Punjab Excise Act, F.I.R. No.
N. Puri, R.S. Sodhi and R.S. Suri for the Respondents.
419 of 1987.
The petitioner, herein alongwith 14 more persons were charged by an order dated 30th of May, 1986 under sections 148/302/149/325/149 and under sections 323/149 of the I.P.C. for allegedly causing death of one Ajit Singh and for causing hurt to Smt.
7421 M of 1 986 .
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This is a petition for leave to appeal under Article 136 of the Constitution against the judgment and order of the High Court of Punjab and Haryana dated 11th of December, 1986.
Gurmej Kaur, the companyplainant.
By the order the High Court has dismissed the applica tion under section 482 of the Code of Criminal Procedure praying that further that proceedings be stayed in Sessions Case No.
The case was companymitted to the Court of Sessions by the Judicial Magistrate 1st Class, Kapurthala vide order dated 20.2.1985.
