S. P. Kurdukar, J. - (1.) The appellants in these two criminal appeals before us were sent up for trial before the Additional Judge, Designated Court, for the offences punishable under Sections 148, 302/149 of the Indian Penal Code read with Sections 3/4 of the Terrorist and Disruptive Activities (Prevention) Act, (for short TADA) for having committed the murder of Jasbir Singh alias Bhure on the intervening night of 22/23rd July, 1991 at his village Shanurki, Police Station, Nabha.
(2.) The brief facts of the prosecution case are as follows:- Gurjant Singh (PW 3), the father of Jasbir Singh (since deceased) lodged an FIR alleging that he and his five brothers were residing in their houses having a common boundary wall whereas his seventh brother Sarup Singh was residing separately in the village. On the fateful night of 22nd July, 1991, he was sleeping in the courtyard along with his two sons, namely, Gurbindar Singh and Jasbir Singh alias Bhuta (since deceased). Two of his nephews were also sleeping in the same courtyard. The ladies and children were sleeping inside the rooms. His younger brother Ram Singh was sleeping on the roof of the house. At about 12.30 a. m., seven terrorists entered in his house by opening the gate and scaling over the wall of whom five were armed with pistols and two were having sten guns. One of the terrorists who was known as Saba came forward and demanded a licenced rifle and Rs. 1,00,000/- from him. He replied that he was neither having a rifle nor cash. The terrorists then entered into the rooms and searched all the iron boxes lying therein and thereafter came out in the courtyard. One of the terrorists then asked where was Jasbir Singh alias Bhura and to which terrorist organisation they belonged - Gurjant Singh (PW 3) retaliated and asked them as to which organisation they belonged The terrorists then left the house telling Gurjrat Singh (PW 3) that they would come back again after a few minutes and by that time, he should keep the amount of Rs. 1,00,000/- ready. It was further alleged by Gurjant Singh (PW 3) that after a few minutes, all these terrorists came back to his house and enquired about the cash amount. They also asked Jasbir Singh to accompany them to which Gurjant Singh (PW 3) and his family members pleaded for mercy and told them not to take him away. The terrorists then told Gurjant Singh (PW 3) and his members that Jasbir Singh would be let off soon. Accordingly, the terrorists carried Jasbir Singh with them and within 5 to 7 minutes, a fire-arm shot was heard from the direction of the street. Because of the apprehension to their lives, they did not go to the spot immediately but after some time, when they reached there, they saw Jasbir Singh was lying dead with the fire-arm injury on the left side of his chin near the house of his brothers Pal Singh and Mohinder Singh.
(3.) It is then alleged by Gurjant Singh (PW 3) that because it was the night time they did not go to the police station immediately and waited near the dead body until the day dawned. He then contacted Bant Singh, the Sarpanch of the village and thereafter they went to lodge the FIR at the police station. SI Hitinder Singh, SHO, police station, Sadar Nabha, recorded the complaint of Gurjant Singh (PW 3) Ex. PA and registered the crime. He along with a police party reached at the place of occurrence and started the investigation.;