Goswami, J. - (1.) These appeals under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, are directed against the judgment and order of the High Court of Punjab and Haryana convicting five of the appellants (Satbir Singh, Paramjit Singh, Harbhajan Singh, Shiv Narain and M. P. Singh) under S. 302/120B, Indian Penal Code, and sentencing them to imprisonment for life. Satbir Singh was also convicted on the sole testimony of Puran Singh under S. 364, I. P. C. and sentenced to rigorous imprisonment for seven years and fine. The remaining eight appellants (Ajit Singh, Darshan Singh, Arjan Singh, Baghal Singh, Tara Singh, Dial Singh, Bachan Singh, and Malook Singh) were convicted under S. 364, I. P. C. and sentenced to seven years rigorous imprisonment and fine. They had all earlier been acquitted by the Additional Sessions Judge, Amritsar.
(2.) This case throws a lurid light on smuggling activities at the international India-Pakistan border near Amritsar.
(3.) 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, Arjan 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 of Hardip Singh and Kartar Singh were found that of Shingara Singh was not available.;