P.C., wherein he had number mentioned that the appellants raised any slogan while being apprehended.
According to Balwant Singh, Bhupinder Singh, appellant came to his office at about 4.30 p.m. and they left together after he finished his days duty at about 5 p.m. that while they were proceedings towards the bus stand, in order to take a bus to go to Mohali where they reside, they met Mewa Singh DW2 and Surender Pal Singh DW3 near the fountain with whom they exchanged Sat Siri Akai Being an Amritdhari Sikh, he was wearing a kirpan.
Both the witnesses companyceded that when slogans were being raised, the people in general were going bout doing their jobs and they did number gather on hearing the slogans but stated that some people went away out of fear, In cross examination, Som Nath PW2 admitted that he companyld number name anyone or even suggest whether any one out of the passer by got afraid on hearing the slogans and fled away from the place.
S.P. Sudhir Mohan and Inspector Baldev Singh caught hold of them, presumably because he was wearing a kirpan and both of them had number tied their beards.
DW1 Shitla Prashad, Munshi, District Jail, Burail deposed that on November 1, 1984, Balwant Singh appellant was admitted to the District Jail and that At that time he was wearing a kirpan on his person which was taken off and kept in safe custody at the time of his admission into jail and that kirpan is still lying deposited with us.
Though PW2 companyld number state as to how many times each of the three slogans was raised by the appellants, PW3 ASI Labh Singh admitted in the cross examination that the slogans Khalistan Ziridabad was raised about five or six times while the second slogan Raj Karega Khaisa was raised two or four times and that the third slogan was raised only once or twice.
1995 1 SCR 411 The following Order of the Court was delivered Balwant Singh, who was working as an Assistant in the office of D.P.I. Punjab in Chandigarh and Bhupinder Singh serving as a Senior Clerk in the Punjab School Education Board, Chandigarh, at the relevant time, were on 31st October, 1984 at about 5.45 p.m. arrested from near Neelam Cinema, Chandigarh and after companypletion of the investigation, tried for offences under section 124 A and 153 A IPC.
They were each sentenced to suffer one year rigorous imprisonment and a fine of Rs.
In the personal search memo of Balwant Singh, the only two articles which are shown to have been recovered are one watch HMT and one gold ring.
The prosecution examined Constable Som Nath, PW2 and ASI Labh Singh PW3, in support of its case besides PW1, who proved the order of sanction for prosecution.
That later on they followed them to the police station but when they companyld number get any information as to why the appellants had been taken to the police station, they informed the family members of the appellants.
That near Neelam Cinema Dy.
Both the defence witnesses stated that the appellants were number raising any slogans either before or at the time of their arrest and this part of their testimony was number challenged in the cross examination at all.
500 on each of the two companynts.
In default of payment of fine, they had to undergo three months further I. on each companynt.
ASI Labh Singh was present at the police station attending to the telephone.
Through this appeal under Section 14 of the Terrorist Affected Areas Special Courts Act, 1984 both of them have challenged their companyviction and sentence as recorded by the learned Judge of the Special Court, Chandigarh on 2.3.1985.
According to the witnesses, both the appellants had raised the slogans together.
At the time of arrest of the appellants, the personal search of the appellants was taken and the personal search memos were prepared.
Both Mewa Singh DW2, a Draftsman working in the Punjab Housing Board and Surender Pal Singh DW3, a Junior Accountant working with the Punjab Housing Board, companyroborated the statement made by the appellants and stated that they had met the appellants after the office hours near the Neelam Cinema and had exchanged Sat Sri Akai with them.
According to the testimony of Som Nath PW2 and Labh Singh PW3, they had left the police station at about 5 p.m. or 5.15 p.m. and while they were patrolling in the area of the main market of Sector 17, Chandigarh, they numbericed both the appellants raising slogans, as numbericed above.
Bhupinder Singh, appellant made a substantially similar statement.
After the arrest of the appellants, the police produced them before the Ilaqa Magistrate when they were remanded to judicial custody.
That the police officials took them to the police station in Sector 17 in their jeep.
The substantive sentences were to run companycurrently.
They stated that in their presence, the Dy.
Indira Gandhi, the then Prime Minister of India was assassinated, after companying out from their respective offices after the duty hours, raised the following slogans Khalistan Zindabad Raj Karega Khalsa, and Hinduan Nun Punjab Chon Kadh Ke Chhadange, Hun Mauka Aya Hai Raj Kayam Karan Da.
the appellants in their statement recorded under Section 313 Cr, P.C., denied the prosecution allegations against them.
Both PW2 and PW3, had however, stated in their statements that they did number see Balwant Singh wearing any kirpan and that numberkirpan was taken into possession from him.
On their enquiry, as to why thy had been brought to the police station and why they were being detained, ASI Labh Singh told him that only the senior officers who had brought them to the police station companyld give them an answer to their question.
ASI Labh Singh PW, however, added that the appellants raised slogans while they were being apprehended once or twice and to the same effect is the statement made by PW2 Som Nath, who, however, was companyfronted with his police statement recorded under Section 161 Cr.
The prosecution case against the appellants is that in a crowded in front of the Neelam Cinema, on 31st October 1984, the day Smt.
ASI Labh Singh PW also admitted that the slogans had been raised by the appellants before they were arrested and that they did number raise any slogans afterwards.
S.P. and Inspector Baldev Singh arrested the appellants and took them to the police station in their jeep.
The police officials exhibited lack of maturity and more of sensitivity in arresting the appellants for raising the slogans which arrest and act the casual raising of one or two slogans companyld have created a law and order situation, keeping in view the tense situation prevailing on the date of the assassination of Smt.
