TMI Blog1977 (3) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to seven years rigorous imprisonment and fine. They had all earlier been acquitted by the Additional Sessions Judge, Amritsar. This case throws a lurid light on smuggling activities at the international India-Pakistan border near Amritsar. Amongst the appellants (hereinafter to be described as the accused) M.P. Singh was an Inspector of the Border Security Force (BSF), Shiv Narain was a Sub-Inspector (BSF) and Harbhajan Singh was a Constable (BSF). Accused Ajit Singh is the father of the two accused, Satbir Singh and Paramjit Singh. 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. It is alleged that Inspector M.P. Singh, S.I. Shiv Narain and Constable Harbhajan Singh, along with other BSF personnel were conniving at the smuggling activities of Ajit Singh and party and were reaping their illegal harvest:. Shingara Singh and his son Hardip Singh and Kartar Singh are the three deceased whose murders form the subject matter of this case. While the dead bodies o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 connivance with Border Security Force and Pak Rangers . This report of D.S.P. Surjit Singh has discounted the encounter story as a fib but yet it continued to be the defence of the accused. According to the trial court the encounter version appears to be true . Were the three persons, Shingara Singh, Hardip Singh and Kartar Singh, killed in an encounter with the BSF or murdered in pursuance of a conspiracy .to abduct and murder ? While the first part of the question need not even be proved, the second part must needs be proved to the hilt. 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. Puran Singh informed the accused persons that he 'had delivered the gold to his brother, Hardip Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused Satbir Singh and others towards Indian side of the border but Shingara Singh was left behind with the Pakistani smugglers. Balkar Singh (PW 4) then enquired as to why Shingara Singh had been handed over to Pakistanis. At that moment accused Shiv Narain fired two shots with very light pistol. Accused Harbhajan Singh, accused M.P. 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 hand's and removed the cloth covering their eyes. A rifle was placed near the dead body of Hatdip Singh and a Kitpan was placed near the dead body of Kartar Singh. 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. According to the prosecution to justify the killing of Hardip Singh and Kartar Singh, accused M.P. 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. P.P. O/1) on a ruqa hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (PW 28) who were witnesses with regard to the charge of abduction were also disbelieved both by the Sessions Judge and the High Court. Harnam Singh (PW 5) who is the eye-witness to abduction was disbelieved by the Sessions Judge but partly believed by the High Court. In the above state of the evidence Mr. Sharma appearing on behalf of the state rests his case on the evidence of Puran Singh (PW 3) and the extra-judiCial confession made by the accused Shiv Narain and Harbhajan Singh before R.K. Kapur (PW 41) with regard to the murder charge under section 302/120B IPC. He also relies upon the Roznamcha and the recoveries. We will therefore first examine the reasons given by the Sessions Judge for acquitting the accused. After narrating the facts deposed to by Puran Singh (PW 3) the Sessions Judge held that the story on the face of it appears to be false . According to Puran Singh (PW 3) the accused took him away to Ajit Singh's Haveli and then to the Indo-Pakistan border only with a view t9 recover the gold which he had earlier managed to steal away. The Sessions Judge took note of the fact that Puran Singh had told the accused that the gold was lying with his brother, Har ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons given by the Sessions Judge for disbelieving the testimony of Harnam Singh (PW 5). This witness gave evidence about the abduction of the three deceased from the Crystal Chowk, near V.J. Hospital, Amritsar. The witness is a near relation of the deceased and he admitted that when the three deceased were abducted he suspected that the accused might inflict injuries on their person. Even so he did not go for police assistance nor did he inform even Mangal Singh (PW 17), father of the deceased .Kartar Singh, about the occurrence although the latter was residing with him in the same house. He also did notask the relations of the deceased to 'lodge any report with the police. Crystal Chowk is a busy commercial area where there are shops and some residential houses and the shops were open at the time of the incident. Even so this witness stated that there were no shops or bazar near the place of occurrence. This witness named five accused persons including two absconders and stated that he knew them by names about one year prior to the occurrence. Since he had named accused Paramjit Singh and accused Satbir Singh in the committing court he was asked there to identify these two accu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer is likely to take responsibility in' the matter of prosecuting international smugglers without having the blessings of the highest police officer in the district and even above . Witnesses, like Harnam Singh, were, therefore, according to the High Court helpless . We cannot commend this line of approach in a criminal case in order to find jurisdiction for conviction on shaky testimony by making a virtue of the inalertness of the police administration. The witness cannot be relied upon by resort to a kind of special pleading in his aid. We find that the High Court has not given any cogent reason for taking a different view with regarding to the appreciation of evidence of this witness by the Sessions Judge. About recovery of fire-arms and gold at the instance of some of the accused, the case rested on the evidence of the police officers alone. The other search witnesses were declared hostile on account of their not supporting the prosecution. The Sessions Judge did not feel it safe to act upon the testimony of police witnesses including Inspector Bachan Singh (PW 68) in the matter of disclosure statement as well as of recovery of the fire-arms and of gold in absence of corr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would appear to. him reasonable, for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. Indeed, Mr. Kapur was a person in authority being the Commandant of the rank of a Senior Superintendent of Police and the confessing accused were his subordinates. Apart from this, it appears from his evidencethat the oral confessional statements were not readily forthcoming from the accused persons but they had to be interrogated on several occasions. He further advised D.S.P. Handa to interrogate them with a warning that they should state the truth otherwise they would not be supported by me . Mr. Kapur further admitted in his cross-examination that he did tell Mr. Handa on telephone on 10th July, 1970 that he should give a warning to Border Security Force people to come out with truth otherwise they themselves would be responsible for their actions . Mr. Kapur also himself enquired from M.P. Singh and Shiv Narain accused about the matter on 19th July, 1970 telling them that now that the case has been registered they should state the truth . In deciding whether a particular confession attracts the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dge for acquitting the accused. The High Court has given its own reasons for convicting the appellants but that is not enough in an appeal against' acquittal. As a practical proposition, in an appeal against acquittal, it is always necessary that the .reasons given by the trial court for recording an acquittal should be examined by the High Court. If the conclusions of the trial court are not based upon any evidence or they are such as no reasonable body of men, properly instructed in law, can reach, on the evidence, or they are so palpably wrong as to shock the sense of justice, the High Court will be justified in taking a contrary view by giving its own reasons. It is not enough that it is just Possible for the High Court to take a contrary view. While interfering with acquittal the judgment of the High Court should demonstrate clearly the unworthiness of the conclusions of the trial court having regard to all the relevant evidence in record. We are unable to say in these appeals that the High Court has followed these salutary principles in dealing with an appeal against acquittal. We may also observe that the High Court need not have mentioned the fact that the Sessions J ..... X X X X Extracts X X X X X X X X Extracts X X X X
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