ANITA CHAUDHRY, J. - (1.) THIS order shall dispose of two appeals Crl. Appeal No. S -273 -SB of 2002 and Crl. Appeal No. S -295 -SB of 2002. The facts are being taken from Crl. Appeal No. S -273 -SB of 2002. Appellants have assailed the judgment and order of conviction dated 04.02.2002 passed by Additional Sessions Judge, Yamuna Nagar at Jagadhri in FIR No. 233 dated 29.10.1994 registered at Police Station Farakpur under Sections 342/34 IPC. The challan was filed by the State against four persons, however, Sahab Singh was acquitted of the charges while Chandgi Ram, Onkar Singh and Gurdial Singh were convicted under Section 342 IPC and were sentenced to undergo rigorous imprisonment of one year alongwith fine of Rs. 1,000/ - and in default to undergo simple imprisonment for two months.
(2.) NOTICING the factual matrix first, Balbir Singh made a statement to the C.I.A. Staff, Yamuna Nagar alleging that his son Devender Singh alongwith two other Mohan Singh and Manjit Singh had been picked up by the police in connection with some case and he had received information on 29.10.1994 at about 2.00 p.m. that all these three persons had consumed poison while in the custody of C.I.A. staff Yamuna Nagar and had died. On receipt of this information, the complainant proceeded to Gaba Hospital, Yamuna Nagar and identified the bodies in the Dead -house. He further disclosed that he learnt that all the three had been beaten up by C.I.A. staff in order to extract confession and had died on account of the beatings they had received. Allegations were levelled that C.I.A. staff had forcibly administered poison to make out a case of suicide. On these allegations, the FIR was registered under Sections 302, 328 and 342 IPC. The investigation of this case was handed over to D.S.P. Rajinder Singh by the Superintendent of Police, Yamuna Nagar. In the report submitted by the police, certain facts concerning the accused and their family were brought up which are briefly being referred. According to it, Devender Singh was residing with Kirpal Kaur though Kirpal Kaur was married to Gurmukh Singh. Kirpal Kaur had administered poison to the mother of Gurmukh Singh, who survived and made her stay difficult in the house, therefore, Kirpal Kaur started living with Rattan Singh who was her friend. Subsequently, she divorced Gurmukh Singh. Devender Singh used to visit Rattan Singh, who was a habitual drinker and had become physically weak. Kirpal Kaur developed illicit relations with Devender Singh. Rattan Singh was administered some poisonous substance, which led to his death. The report refers to the fact that Devender Singh did not have a good reputation and he had left his wife and had started living with Kirpal Kaur and was involved in criminal cases and had been sentenced to two years rigorous imprisonment in one of the cases. The Investigating Team found that Devender Singh, Manjeet Singh and Mohan Singh had committed robbery at Shashi Gas Agency in the year 1993 regarding which FIR No. 77 of 1993 had been registered. The allegations were that Devender and others went to effect recovery relating to FIR No. 77 of 1993 and they made confessional statement that they had abducted one Manohar Singh, driver of the truck and these trucks and cylinders had been sold and a case under Section 406 IPC was registered in 1994 at Police Station Kankhal. The case of the prosecution was that accused got recovery of 178 Gas cylinders which were looted from Shashi Gas Agency, Yamuna Nagar. The case of the prosecution further is that on 28.10.1994 Chandgi Ram, accused took all the three persons to Haridwar and brought them back to the C.I.A. staff late night at 11.00 p.m. and they were put in the lock up. Devender Singh had managed to carry poison back with him. The next morning, tea was ordered from a dhaba for the inmates of the cell and these three persons died after consuming poison laced tea. The condition of Devender Singh, Manjit Singh and Mohan Singh started deteriorating and they were shifted to Gaba Hospital, where they were declared dead.
(3.) THE postmortem examination showed no injury on any of them. The police collected the material and recorded the statements and submitted a report under Section 173 C.P.C. The name of Sahab Singh was placed in column No. 2 and was not challaned. Charge was framed against Chandgi Ram, Gurdial Singh and Onkar Singh under Sections 330, 342, 306 read with Section 34 IPC to which all of them pleaded not guilty. The prosecution after examining 15 witnesses closed its evidence. The prosecution filed an application under Section 319 Cr.P.C. to summon Sahab Singh which was allowed and the witnesses were recalled for their examination.;