- (1.) These are appeals by way of special leave under Article 136 of the Constitution against the common judgment dated 06.04.2005 of the High Court of Punjab and Haryana in Criminal Appeal No.221-DB of 1998. Facts of the case:
(2.) The facts very briefly are that Inder Singh sent an application dated 19.01.1992 by registered post with A.D. to the Director General of Police, Punjab, for releasing seven members of his family. In the application, Inder Singh alleged that on 29.10.1991 at 5.00 a.m. Baldev Singh, Deputy Superintendent of Police, and Balwinder Singh, Police Constable (the appellants herein) and other police men raided their house and picked up seven members of his family. They are Sadhu Singh (his father), Hardev Singh (his son), Gurdip Singh and Amanjit Singh (his brothers), Sharanjit Singh (son of his younger brother Sajjan Singh) and Davinder Singh and Sukhdev Singh (two sons of his younger brother Khazan Singh). Inder Singh further stated in the aforesaid application that he has seen his family members, who were picked up, in Fatehgarh Churian, Police Station Kalanaur, Dera Baba Nanak and Police Station Kathu Nangal and on 08.01.1992, his son Sarwan Singh has seen these persons in the police vehicle in Amritsar. In the application, Inder Singh stated that he had fear that the appellant-Baldev Singh may kill his family members or may implicate in some case and he requested that they be released from illegal detention of the police at the earliest. By Memo dated 21.03.1994, the Inspector General of Police, Crime Branch directed the Senior Superintendent of Police, Majitha, to get the case registered and accordingly a formal FIR was registered under Section 364 of the Indian Penal Code (for short 'IPC') on 23.03.1994 in Police Station, Kathunangal, District Majitha. After investigation, charges were framed against nine accused persons including the appellants and as per the amended charges, nine accused persons were tried for offences under Sections 120-B, 148, 452, 364, 365, 302 read with Section 120-B and 201, IPC.
(3.) At the trial, fourteen prosecution witnesses were examined. Inder Singh was examined as PW-3 and he stated that on 29.10.1991 the two appellants accompanied by twenty to twenty five persons came in vehicles to the house and took away the seven members of his family. PW-3 has further deposed that he and his other relatives had approached the higher authorities but all his efforts to get the seven persons released did not yield any result. The evidence of PW-3 was corroborated by his brother Sajjan Singh who was examined as PW-4 as well as Jarnail Singh, a relation of PW-3, who was examined as PW-5. Sarwan Singh, the son of PW-3, was also examined as PW-6 and he stated that on 08.01.1992 he happened to be present at the shop near the bus stand at Amritsar when he noticed a Police Gypsy going on the road and saw that his brother Hardev Singh was sitting in the vehicle and even he gave a signal by raising his hand. He also stated that there were other persons sitting in the vehicle but he did not see them and made an attempt to chase the vehicle but he could not do so. The appellants also examined as many as eleven witnesses in their defence that they have not taken anybody in their custody as alleged by the prosecution.;