S. P. Kurdukar, J. - (1.) This appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short TADA) is filed by the appellant accused challenging the order of conviction and sentence passed by the Designated Court, Amritsar, on 18th May, 1993, holding the appellant guilty for offences punishable under Sections 302/34, 201 of the Indian Penal Code and Section 3 of TADA.
(2.) Briefly stated the prosecution case is as under:- Swarn Singh (since deceased) was the real brother of Sohan Singh (PW 4, Sarwan Singh (appellant) and Karam Singh. Sohan Singh was issueless and was residing with the deceased in his house. Appellant was residing separately. Their houses were adjacent to each other and separated by a common wall. The deceased was staying in his house with his wife Pritam Kaur (PW 3, son Balwant Singh (since deceased) and Sohan Singh (PW 4). It is alleged by the prosecution that on 3rd April, 1991 at about 8.00 p.m. Pritam Kaur (PW 3) was sitting in her house along with her husband Swarn Singh, son Balwant Singh and Sohan Singh (PW 4) when two persons whom she could not identify came in her courtyard after scaling the compound wall. They were armed with deadly weapons. An electric bulb was burning in her house. Two unidentified persons then called her husband Swarn Singh and son Balwant Singh to come out of the room. Suddenly, they fired at her husband Swarn Singh and son Balwant Singh. Both of them died on the spot. At the same time, one of the assailants also died in the courtyard. The other assailant called the appellant and told him that his companion had been killed and he was to be carried on gharuka belonging to Balwant Singh. The assailant threatened the inmates not to raise any alarm and if they did, they would be shot dead. It is the case of the prosecution that the assailant and the appellant thereafter carried the dead body of the co-accused on the said gharuka. The appellant drove the said gharuka.
(3.) It is further alleged by the prosecution that the appellant and other assailants caused the deaths of her husband Swarn Singh and son Balwant Singh. Since it was the night time, she was afraid to go to the police station to lodge a complaint. However, on 4th April, 1991 at about 9.30 a.m. Pritam Kaur (PW 3) lodged the FIR (Ex. PC). After registering the offence, the police party left for the village for investigation.;