MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482, Criminal Procedure Code, for deletion of the provisions of Section 3 of the Terrorists and Disruptive Activities (Prevention) Act. 1987 (for short, the Act) from case F.I.R. No 155 dated 15.8.1991 registered at Police Station Sadar, Abohar and also for quashing the charge under Section 3(3) of the Act framed by the Designated Court, Ferozepore, on July 29, 1993.

(2.) Facts of the case, briefly stated, are as under On the night intervening 14th115th August, 1991, Harjinder Singh was murdered. His widow Manjit Kaur, petitioner No.1 got her statement recorded with the police, on the basis of which case F.I.R. No. 155 dated 15-8-1991 under Sections 302/34, 120-B, Indian Penal Code, Sections 25 and 27 of the Arms Act (54 of 1959) and Sections 3, 4 5.& 6 of the TADA Act was registered at Police Station Sadar, Abahar. Manjit Kaur, petitioner No. 1, in her statement before the police stated that she along with her younger daughter Sarbjit Kaur and her husband was sleeping in the courtyard of their house; that her husband used to sleep with his loaded 12 bore DBBL gun lying beside him on the cot; that on the fateful night also, as usual her husband slept with the gun lying on his left; that at about 11/2 0 clock at night, she heard the firing of a shot; that hearing the gun-shot, she got up and saw three men, out of whom two were clean shaven and one appeared to be Sikh, going through the baithak along with her husband Harjinder Singhs 12 bore D.B.B.L. gun and a cartridge belt; that after opening the door of the baithak, they ran away; that at that time, there was bulb light in her court-yard and that she could identify those persons if brought before her.

(3.) The case was being investigated. On September 22, 1991, Manjit Kaur, petitioner No. 1, made extra judicial confession before her father-in-law, Lal Singh, to the following effect: She was very much fed up with her husband who was having illicit relations with Smt. Shanti Devi and due to this she has to bear humiliation before all the relatives and she was often beaten without any reasons by her husband and once she was turned out of house almost in a naked condition. Due to those reasons, she conceived a scheme to get her husband Harjinder Singh killed and this scheme she disclosed before her friend Smt. Sumitra Bai w/o Jagtar Singh. Then Smt. Sumitra Bai informed her that Gurmit Kaur w/o Balkar Singh, who was earlier residing at village Alamgarh and now are settled at Kandhwala byepass Abohar-Almgarh and told that Gurmit KaurT s parental village is Gharyala and her brother Nirmal Singh alias Laddu s/c Labh Singh has links with a terrorist group and they had illegal arms, and Laddu had close links with Bakhshish Singh s/o Dalip Singh, resident of Tarmala, P.S. Lambi, and Gurcharan Singh s/o Amar Singh, resident of Mudaki, P. 5. Ghal Khurd. And if they are approached through Gurmit Kaur to get eliminated Harjinder Singh for a sum of Rs. 50,000/- along with gun, then it will be got done this way. Then I agreed and consented to Sumitra Bais advice/plan. Then on 14th August at day time Sumitra Bai came to my house and told me that today Nirmal Singh, Bakhshish Singh and Gurbachan Singh have come to Gurmit KaurTs house and they are having illegal arms with them, too, and if she wants to get Harjinder Singh eliminated, then she should keep the door of her baithak open and that I kept the door open as advised by Sumitra Bai. Nirmal Singh, Bakhshish Singh and Gurbachan Singh entered her house and she went to them. She took away gun lying beside Harjinder Singh, who was asleep and gave it away to them. They took the gun and thereafter Gurbachan Singh fired a shot from his pistol at right ear of my husband who was lying asleep. After the shot, my husband suddenly woke up and they all three men ran out of the house through the door of the baithak In order to save myself, I raised alarm and hearing my raula. Bhupinder Singh alias Bhinda, Kikkar Singh and some others came to the spot. I told them that about three persons were spotted by me while running through the baithak out of the house after the incident. Then hold them that 1 suspect this was a handiwork of either Brij Lal, husband of Shanti Devi personally or he has got it done through his person, I have made a statement to the police against him as I was told by Sumitra Bai and Gurmit Kaur that in this way the police will remain confused. I have been keeping all this matter closely guarded to myself since a long time. I have already paid them Rs. 10,000/- as far as I could collect from my resources, but they are demanding the balance sum of Rs. 40,000/- and are threatening me that if I do not pay them the balance amount urgently, they will take away my son. Now I am apprehensive that they may not abduct my son. I request you as my father and have told you the truth today. I have committed this mistake and I may be got pardoned from police. The prosecution case is further to the effect that on October 2, 1991, S.1. Joginder Singh, S.H.O. of Police Station Saddar, Abohar along with police party had put up naka in the area of Alamgarh. At night, three persons started firing at the police party. Out of them, two succeeded in running away, while Nirmal Singh was arrested at the spot. On his interrogation, Bakhshish Singh and Gurbachan Singh accused were named, against whom case F.I.R No. 193/91 under Section 307, Indian Penal Code, and Sections 24 and 27 of the Arms Act was registered. Deceased Harjinder Singhs licence of DBBL gun, was recovered from Nirmal Singh accused. On interrogation, Nirmal Singh stated that the murder of Harjinder Singh was got committed by Manjit Kaur.