Beant Singh Supplementary Case

State vs.
Paramjit Singh Bheora
In the court of Ravi Kumar Sondhi, Additional Sessions Judge, Camp at Burail Jail, Chandigarh.
Session Case No Computer ID No. Date of Institution Date of Decision : 3 (RBT) of 2006. : 36014R0122172003. : 13.02.1998. : 29-03-2010.
Complainant:
: State(through CBI) Versus
Accused:
1. Paramjit Singh @ Bheora @ Pinka @ Bansal @ Gurmeet @ Chawla @ Sonu @ Babli @ Didar @ Harjit @ Shanni son of Jagjit singh R/o N. No. B-50, Vishwakarma Park, Laxmi Nager, Delhi. Permanent Resident of Village Bheora, Police Station Sadar, Ropar
Name of the assassin accused
2. Dilawar Singh son of Harnek Singh,resident of House No.23, Gali No.12 Guru Nanak Nagar, Patiala.
FIR No. Police Station R.C.No. of CBI
: 96 dated 31.8.1995 : North now Sector 3, Chandigarh. : 9/S/95 SIU.V/SIC.II/CBI /DSPE, dated 1.9.1995.
State vs. Paramjit Singh Bheora
Offence alleged
:Under Sections 302, 307 read with Section 120-B IPC and under Section 3 & 4 of the Explosive Substances Act.
Argued by :FOR THE PROSECUTION : Sh. S.K.Saxena assisted by Shrvshri R.K.Handa, Rajan Malhotra, Advocates, Special Public Prosecutors : Shrvshri A.S.Chahal and R.C. Sharma Advocates : Accused Paramjit Singh in custody J U D G M E N T This is second trial arising out of the assassination of Late Shri Beant Singh along with other persons, in bomb blast in the Civil Secretariat, Punjab Chandigarh. 31 August, 1995 was another black day for the people of Punjab, when Shri Beant Singh, then Chief Minister of Punjab, was assassinated in the Porch of the Punjab & Haryana Civil place, Secretariat, being the known seat of to be the of most two secure States Capital
FOR THE ACCUSED Present
Punjab & Haryana. It is alleged that the assassin was Dilawar Singh, who was made to act as a human bomb and he got himself exploded at 5.10 P.M at a very close proximity to to the Beant Singh, who was to got into his Car for onward journey. 2. As per prosecution Shri Beant Singh, has master minded by Babbar Khalsa
been assassinated pursuant to a deep rooted criminal conspiracy
International,
an
International
Terrorist
Organization, as it perceived that Shri Beant Singh, has usurped the power, after 1992 election in the State of Punjab and is responsible against the for the indiscriminate atrocities innocent
Sikhs. In the first charge-sheet, filed by CBI, all the arrested accused, except those were proclaimed offenders, were prosecuted. the It was under these was put and circumstances on for trial, the for that this present accused, being who part
earlier declared as a proclaimed offender was assassination, of 4 offences, and 5, parcel of the well laid and commission 3,
deep rooted conspiracy punishable the under
Sections 302, 307 read with section 120-B of IPC and under Section of Explosive Substances Act, which he hatched along with his coaccused, who are already tried and dealt with. 3. Initially, a case FIR No.96, dated
31.8.1995, was registered at Police Station, North, now Sector 3, Chandigarh for commission of offences under Sections 302, 307 read with Section 120-B of the IPC and Section 3 & 4 of The Explosive Substances Act, on the statement of Constable Pala Ram of Haryana Armed Police. However later on, the investigations of this case was transferred to Delhi Special Police Establishment (C.B.I), vide Ministry of Home Affairs, Government of as on India, RC New Delhi, letter No.406/JS(UT)/95/S, dated 31.8.1995 and this case was re-registered Delhi, No.9(S)/95under SIU.V/CBI/SIC.II/New 1.9.1995,
Sections 302, 307 read with Section 120-B of the Indian Penal Code and Section 3 & 4 of The Explosive Substance Act.
4.
Before giving the factual background of the
case, it will be apposite to mention here that as mentioned above, this judgmentis in continuation of the trial other in the earlier is the judgmentdated, second of Late in trial Sh. bomb 27-07-07/31-07-07, arising Singh in blast out the the and of it the with Civil accused Balwant and being the connected case of that occurrence and this assassination Beant along
persons, first
Secretariat, Punjab Chandigarh. 31 August, 1995 and trial conducted Gurmit been against Singh held namely Jagtar Singh Hawara, Lakhwinder Singh, Nasib Singh, Singh, Shamsher who have Singh, already guilty
convicted for the commission of this murder as per a conspiracy and to alginate the facts, all of them are referred as judgment. FACTUAL BACKGROUND OF THE CASE 5. The sequence of events along with a brief co-accused-convicts in this case, where ever, their name is mentioned in the
history of the factual back ground, which preceded and succeeded the assassination, as the same would unfurl the conspectus of the case and leading to the registration case vide of FIR this case and the prosecution 31.8.1995 of was accused persons, in brief, is that as stated above a No.96/95 dated registered at Police Station North, Chandigarh under Section 302/307/120-B IPC and Section 3, 4 of the Explosive Substances Act on the statement of Constable Pala Ram of Haryana Armed Police to the effect that he was on sentry duty on the VIP Gate of the Punjab and Haryana Civil Secretariat Chandigarh, in the evening of 31.8.1995. HC Ajaib Singh of
Haryana Police and some other personnel of Punjab Police and Punjab Secretariat were also on duty at the VIP gate along with him. The motor cavalcade of S. Beant Singh, then CM, Punjab, was lined up in the porch at about 5.05 p.m under the security cover of Punjab Police, NSG and other security personnel. 6. S.Beant Singh, then Chief Minister, came
down at the VIP gate at about 5.10 p.m accompanied by security personnel and some other persons. Some of the security personnel took position in their respective vehicles. As soon as the CM Punjab got into his car parked in front of VIP gate, a powerful bomb explosion took place as a result of which the car of the C.M Punjab and some other cars caught fire. The CM Punjab and several security personnel and the and others were killed on the spot was or sustained by the injuries. Constable Pala Ram has further stated that aforesaid security bomb explosion etc. caused Ram has terrorists with the object of killing S.Beant Singh personnel Pala further stated that he was also injured in the explosion and was sent to P.G.I Chandigarh for treatment. 7. Police North of The case was initially investigated by the U.T of Chandigarh. the Nanha Ram, SHO P.S after reaching spot along with other
Police parties, inspected the spot and found that the car in which, Shri Beant Singh, Chief Minister, was body sitting, of when this explosion took place, was found to be burnt and badly damaged and the dead Sardar Beant Singh was found in a badly charred condition at the back seat of the Car No. PB-08-3469 and the remaining cars were also damaged. He also found that an Ambassador car bearing
registration No. DBA-9598, was found to be parked at some distance from the place of occurrence towards the Dr. side Mishra of of Haryana Secretariat and was lying abandoned. In the meanwhile police photographs and Forensic Science Laboratory, Punjab took the photographs also reached at the spot and
of the scene of crime as it exists at the spot. 8. were All sent the to legs injured lying at the for spot were
removed to the various hospitals whereas dead bodies various and hospital one postmortem of an examination. Nanha Ram also took into possession two dismembered sundered head unidentified person and the same was also sent to the Hospital for examination. 9. As a result of bomb explosion it was found
that following 17 persons were killed:1. Sardar Beant Singh (CM) son of Captain Hazura Singh, r/o House No.45 Sector-2 Chandigarh (Chief Minister of Punjab) Shri Yashpal Bali son of Hari Ram Bali r/o House No.4001, Sector 22 D , Chandigarh (PA to Chief Minister) Shri Kultar Singh, son of Shakti Chand,r/o Village Jagroop District Kangra (HP), (R1,NSG). Shri Laxman Das, son of Ram Lal, No.36/202, PAP r/o Mohalla Khokhaonwala, Badi Market, near Arya Samaj , Sanaur District Patiala. Shri Jagdish Singh Kutana, ASI/PP son of Teja Singh, R/o Village Kutana Sahib, District Ludhiana. Swaran Singh, son of Hazura Singh r/o 3107, Sector 40-D Chandigarh (PA to Chief
2.
3.
4.
5.
6.
Minister) 7. Shri Rajinder Parsad , son of Lachman Lal r/o Village Barbali, District Jkhalwarh (Raj) (SI-NSG) Shri Balbir Singh son of Jagna Ram r/o Village Pipli District Jhunjhunu (Raj) (RI- NSG). Dr.Anil Kumar Duggal, son of K.K.Duggal, r/o House No.3313, Sector 32-D, Chandigarh Shri Tota Ram Sharma, son of Chetram Shafrma r/o 210-A, Chandigarh Village Chenari, PO Alra, Simla (Peon in the Secretariat). Shri Ajaib Singh , HC No.1/147, HAP son of Gurmej Singh V& PO Sarawana, Distt . Yamuna Nagar, Haryana.
8.
9. 10.
11.
12. Shri Jagdish Singh son of Dayal Singh r/o Village Bhallan, PS Chamkaur Sahib, Ropar (Driver of Chief Minister) 13. Shri Mukhtiar Singh , ASI Punjab Police son of Late Bhag Singh r/o Village Mahraj, PS Phool District Bhatinda Chamkaur Singh son of Jagdev Singh r/o Village Gajjan Majra, District Sangrur. (ASI Punjab Police) Ranjodh Singh Mann son of Nihal Singh, r/o Village Majri, P.S. Payal, Distt Ludhiana. Dhanwant Village Singh son of Inderjit Pandon, District Ropar. Singh,
14.
15. 16. 17.
Baldev Singh son of Harnek Singh r/o House No.1223, Gali No.12, Gurunanak Nagar, Patiala assassin was also killed in the blast. Similarly, persons it was also found that in the this
10. following
sustained
injuries
explosion:1. Manojit Pal Singh son of Lachhmanpal.
2.
Bakshish Singh son of Sardar Constable No.75/1027PAP R/O No.564 Sector 6, Chandigarh. Kulwant Singh son of Gurmail Singh. Kesar Dumra son of Telu Ram. SI Amar Singh son of Tiku Ram CRPF. Virender Rana son of Kewal Singh. HC Manmohan Singh No.80/75 PAP. D.K.Tripathi SP CM Security. Satinder Kumar, driver. Mahabir Prasad. Upkar Singh. Constable Pala Ram No.1/675 HAP. Driver Joginder Singh.
Singh House
3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 11.
Constable Dhurba Das No.941241661 B.Coy. Pushpinder Kumar son of Raj Kumar. As stated thereafter earlier, were the held by further Central
investigations
Bureau of Investigation (C.B.I) and as a result of the investigations and the evidence collected by the C.B.I, it was found that a conspiracy to assassinate Sardar Khalsa Beant Singh, was initially hatched in Pakistan by Wadhawa Singh and Mehal Singh of Babbar International and the other persons namely Manjinder Singh based in U.K., Harjit Singh based in U.S.A, Resham Singh based in Germany along with 10 other accused persons, who had already been tried vide judgment dated 28-07-07/ 31-07-07, along with the present accused and Dilawar Singh assassin and
all
of
them
had
played
active
part
in
the
enforcement and in the execution of the aforesaid conspiracy leading to the killing of Sardar Beant Singh. 12. revealed Minister As per the prosecution, the investigation that of S.Beant Punjab Singh, since who was the 1992 Chief was February, by Babbar organization.
assassinated conspiracy,
pursuant to the deep rooted criminal masterminded a terrorist Khalsa The
International,
organization was founded in the year 1978 by Fauja Singh, then Head of Akhand Kirtani Jatha. One of the Principal objectives of this organization is to create a sovereign Sikh State called Khalistan out of the territory of India. Wadhwa Singh is the Chief of this terrorists organization since last few years and Mehal Singh is one of his important lieutenants. This terrorists organization plans to achieve the through violent means against aforesaid objective
the lawfully established authority. It has claimed responsibility for the targeted killing of several important public functionaries both of the govt of India and that of the Govt of Punjab, in last few years for achieving their objective. Babbar Khalsa International responsibility Singh in paper agencies. 13. terrorist According to the perception Singh of this the has for categorically the sent claimed of to the the news assassination S.Beant
various
communications
organization,
S.Beant
usurped
power after 1992 elections in the State of Punjab despite the boycott of these elections by several political groups. This terrorists organization holds
S.Beant
Singh as
responsible also fake for
for the
the
indiscriminate arrests, of Khalsa
atrocities against innocent Sikhs in the Punjab and countryside tortures, the detenees illegal and Babbar during in investigation elimination
encounters.
International
has also claimed that S.Beant Singh
was enemy No.1 of Sikh 'Qaum' and deserved the death penalty. It has also threatened that anyone working against the Sikh 'Qaum' would meet the same fate as S.Beant Singh. of It has top also level threatened national to cause and assassination leaders
functionaries of the State of Punjab to pave way for the creation of 'Khalistan'. 14. Sandhu Wadhwa Singh son of Amar Singh, R/o Village Chattha, PS Sadar, Kapurthala, Punjab and
Mehal Singh son of Jind Singh R/o Village Dasuwal, P.S Valtoha District Amritsar (Pb) are both citizens of are India India Singh, India, who were in out the anti the co-accused India of present from in accused. Both of them have a base in Pakistan and indulging to and is carry activities Pakistan. They have also been clandestinely visiting terrorists the activities de-stablise resident of lawfully Hawara established Kalan, P.S
authority. Similarly Jagtar Singh Hawara son of Sher Village, Khamano, District Fatehgarh Sahib, Punjab, was also a co-accused of the present accused. He is a hardcore the terrorist execution of Babbar Khalsa International and of their He has in violent been arms, activities and has been assisting Wadhwa Singh and Mehal Singh in diabolical Pakistan plans. for visiting Pakistan and
clandestinely and inducting young boys from India to training ammunitions explosives to carry out violent activities in India.
15.
Similarly,
Balwant
Singh
son
of
Malkiat
Singh resident of Village, Rajoana Kalan, PS Sudhar, District Ludhiana, was the other co-accused of the present accused, who was residing at that time in House No.68-A, of Rattan Nagar, Patiala, was a He Constable Punjab Police since 01.10.1987.
remained posted as a security guard to Sh.Bhushan Sirhindi, a journalist of Patiala. Gurmeet Singh son of Jaswinder Singh is R/o House No.1431, Gali No.14, Guru Nanak Nagar, Patiala, was the other co-accused of the present accused. He was working as service engineer in BPL Sanyo at Chandigarh and was sharing a rented accommodation with his friend Satinder Pal Singh alias Simpi r/o Patiala at House No.981, Phase 4, Mohali, District Ropar. 16. Nagar, Lakhwinder Singh son of Darshan Singh, is Patiala, was the other co-accused of the
originally R/o House No.156, Gali No.9, Guru Nanak present accused. He is a constable, No.409, in the Punjab Police since 7.6.1993. At the time of his arrest in this case, he was working as a constable driver in the Intelligence Branch of Punjab Police and was sharing a rented accommodation in Village Kansal District Ropar with Constable Gurbachan Singh. 17. resident Dilawar of House Singh son of Gali Harnek No.12 Singh Guru was Nanak
No.1223,
Nagar, Patiala, who acted as human bomb, was the other co-accused of the present accused. He worked as a Special Police Officer in District Fatehgarh Sahib from 9.6.1993 to 18.9.1994. Thereafter, he was dismissed.
18. accused
Gurmeet Paramjeet
Singh, Singh
Dilawar along
Singh, with
Lakhwinder co-accused,
Singh and Balwant Singh were good friends. Present Jagtar Singh Tara, Jagroop Singh and Navjot Singh were active members of Akhand Kirtani Jatha and used to meet each other frequently in Samagams held at various places in India preceding the assassination of S.Beant Singh and were intimate to each other. 19. involved The present accused, Paramjeet Singh and in a criminal case registered vide FIR
his co-accused Jagtar Singh Tara were found to be No.39/91 dated 23.6.1991 P.S Ropar District Ropar U/ s 307, 148, 149 IPC read with Section 25 of The Arms Act, 1959 and Section 3 of TADA, 1987 for which they were facing trial along with their other associates. 20. accused since Nasib Singh is resident of Village of last the present two it accused. years as plans his from hide in of His the out his Jhingra was of for for
Kalan, PS Kurali in Ropar Distt, was the other cohouse date and house frequently visited by co-accused Jagtar Singh Hawara about to arms out in use and the Mohali occurrence concealing carrying neighbours Singh had
explosives
Babbar
Khalsa Gurmeet Khalsa
International.
Navjot Singh and Jagroop Singh are township. Co-accused Babbar
Singh, Lakhwinder Singh, Dilawar Singh and Balwant definite leaning towards International. 21. 1995 Singh, During the period November, 1994 to August, accused persons namely Wadhwa Singh, Mehal Jagtar Paramjeet Singh, (present accused)
Singh Hawara, Jagrup Singh, Balwant Singh, Dilawar
Singh, Shamsher Singh, Jagtar Singh Tara, Lakhwinder Singh, Gurmeet Singh, Nasib Singh, Navjot Singh and others unknown entered into a criminal conspiracy at various places in India/Pakistan with the object of committing the assassination of S.Beant Singh, then Chief Minister of Punjab. 22. committed During investigations, it was found that by the aforesaid accused persons in
the following acts of commission and omission were pursuance of the said criminal conspiracy:(i) and November, assassinate Accused Wadhwa Singh, Mehal Singh Jagtar Singh 1994 at Hawara some time in to Lahore, Singh, agreed the
S.Beant
Chief
Minister of Punjab, as he was an enemy of Sikh Panth and had given free hand to the Punjab Police to kill the Sikhs and, thus was coming in the way of the creation of 'Khalistan'. Convict-Accused Jagtar Singh Hawara Singh the assured that he Wadhwa would Singh and Mehal definitely organize
killing of S.Beant Singh, for which
arms and explosives and monetary support was required. Wadhwa Singh and Mehal Singh agreed to provide the same. (ii) Singh Co-accused and Wadhwa singh, Jagtar Mehal Singh
Convict-accused
Hawara decided to execute the killing of S.Beant Singh by using some one to act as a 'human bomb'. (iii) Accused Wadhwa Singh and Jagtar
Singh Hawara motivated persons, who might be willing to offer themselves for being used as, 'Human Bomb' for the assassination of S.Beant Singh. (iv) In the month of May/June, 1995, at a secluded Rajgarh, place in
co-accused Dilawar Singh hired a one room accommodation Village Ratoli, Tehsil District
Sirmour, HP from one Joginder Singh son of Santu Ram. Accused Dilawar Singh, Balwant Singh, Lakhwinder Singh and other used to meet there. (v) contacted Singh R/o Patiala, Co-accused Shamsher Village time some Jagtar Singh Ukasi in Singh son June, of Jattan, 1995 Hawara Surjit Distt and
joined him in the conspiracy. (vi) In July, Singh 1995 present accused Singh
Paramjeet
introduced
Jagtar
Hawara to Jagtar Singh Tara in New Delhi, who was working as a driver of Mohan Raj Shekher R/o B-4/III, Safdarjung Enclave, New Delhi and told him that accused Jagtar Singh Hawara is a member of Babbar Khalsa International and had returned from Pakistan. Paramjeet Singh requested Jagtar Singh Tara to help Jagtar Singh Hawara in the 'task' for which Jagtar Singh Tara agreed. (vii) Later on, in the same month i.e
July, 1995 Paramjeet Singh, Navjot Singh
and Jagtar Singh Hawara met Jagrup Singh at his house in Mohali, Paramjeet Singh told them that S.Beant Singh, then CM Punjab and KPS Gill DGP Punjab were to be killed, as they were responsible for the killing the for of several Jagtar of jathedars Singh arms all and and the in false assured encounters. this Hawara
availability purpose
explosives aforesaid
agreed to the said plan. (viii) Singh Truck alias Around Hawara No. Pappu 10th August, of 1995 Jagtar engaged Singh from
and
Shamsher
Singh
PB12-A-7947
Sapinder cousin)
(Shamsher's
Village Lalroo and in the said Truck they went to a place near Ajnala in Amritsar District close to Indo-Pak border and from there brought two bags full of explosives. The said bags were brought in the said truck to village Ukasi. Shamsher Singh & Jagtar Singh Hawara concealed these bags in the house of Shamsher Singh in village Ukasi Jattan, District Patiala. (ix) Co-accused Jagtar Singh Hawara,
brought a big sack on a Scooter from the house of Shamsher Singh in village Ukasi Jattan to the house of accused Nasib Singh in village Jhingran The two Nasib Singh Kalan, said P.S.Kurali, big sack containing behest the of said District contained Accused Jagtar Ropar.
'kattas' at the
explosives and remote control devices etc. Singh Hawara concealed
explosives etc in his house. (x) and Co-accused Jagtar Singh Hawara
Jagtar Singh Tara purchased a steel for Rs.32,000/S.K.Dutta, to be from r/o used Smt.Reva Paschim in the
grey colour Ambassador Car No.DBA-9598 on 20.8.1995 Dutta, Vihar, had w/o New Shri
Delhi,
commission of the crime. Jagtar Singh Tara falsely signed the delivery note of the said car as Basant Singh. Jagtar Singh Tara brought car No. DBA-9598 to the house No. B-50, Vishwakarma Park, Laxmi Nagar, Shakarpur, Paramjit Delhi of present Singh accused kept the Singh. Paramjit
said car at his house from 20th August to the morning of 24th August, 1995. (xi) at the On 23.8.1995, Jagtar Singh Hawara residence his of Shri on Mohan Raj
sent a coded message to Jagtar Singh Tara Shekhar, employer, telephone
directing him to reach Punjabi University, Patiala on the next day with the said car. (xii) On 24.8.1995, Jagtar Singh Tara
along with present accused Paramjeet Singh left Delhi by Car No. DBA-9598 and reached Punjabi accused meeting Nivaran University, Jagtar would at Singh be 7.00 Patiala, Hawara in where and coBalwant Dukh i.e
Singh met them. They decided that the next held a.m Gurdwara next day
25.8.1995.
(xiii) Nivaran, and
On 25.8.1995, Paramjeet Singh and Patiala, Singh in Car No. DBA-9598, present. Tara
Jagtar Singh Tara reached Gurudwara Dukh where Jagtar Singh Hawara, Balwant Singh Dilawar were already Jagtar Thereafter Jagtar Singh Hawara, Paramjeet Singh, Balwant and two (RDX) Singh, reached bags etc Singh and Dilawar Singh left Patiala in Car No. DBA-9598 collected control explosives Village containing wires the house from Jhingra remote and of Kalan, P.S. Kurali, District Ropar. They devices, electric
Nasib Singh, where they were earlier kept by Jagtar Singh Hawara. (xiv) Thereafter,on all of the same day i.e
25.8.1995, Singh,
them Singh
reached Hawara,
House kept
No.981, Phase 4, Mohali of accused Gurmeet where Jagtar some of the explosive materials out of the aforesaid two bags. (xv) Jagtar Singh Hawara Then, Singh went and to all of them i.e accused Singh, 7, the
Hawara, House
Paramjit No.243, Singh,
Balwant Singh, Jagtar Singh Tara & Dilawar Phase kept Mohali of Jagrup Singh, where Jagtar Singh Paramjeet remote control devices and the remaining explosive materials. (xvi) Singh, On 26.8.1995, Jagtar Singh Hawara (assassin), and get the car No.
asked Paramjeet Singh to contact Dilawar
DBA-9598 painted 'off white' to give it a look of an official car. Gurmeet Singh, Singh to of the and shop Dilawar No.24, Singh 7, and Lakhwinder DBA-9598, Chandigarh
(assassin) and one other, took the car No. Sector Sharma Shri Surendra
delivered it for painting it 'off white'. Lakhwinder Singh paid advance of Rs.1500/and they insisted that the car should be ready by 29.8.1995 or latest by 30.8.1995. (xvii) a khaki On 27th or 28thAugust, loosened 1995, by coAnil
accused Lakhwinder Singh got the waist of colour pant Kumar, tailor, for use by Dilawar Singh. (xviii) and some in a uniform, On 28.8.1995 Jagtar Singh Hawara Singh, and who was in Police many blue brought one stengun, one pistol, cartridges bag, and in a
Balwant
magazines big black
sets of Punjab Police uniforms contained colour Maruti van and kept the same in the house of Jagrup Singh. (xix) accused Lakhwinder Gurmeet Phase IV, On 28.8.1995, in the evening, coDilawar Singh Singh, met in which Jagtar the Singh of was
Hawara, Gurmeet Singh, Balwant Singh and room Singh located at house No. 981, Mohali, Gurmeet
sharing with his friend Satinder Pal Singh @ Simpi and remained there throughout the night.
(xx) Gurmeet Balwant
During Singh, Singh,
the
night
of Singh
28.8.1995 Hawara, and
Jagtar Dilawar
Singh
Lakhwinder Singh, while at the aforesaid room of Gurmeet Singh, mixed up RDX with other materials on newspaper for the purpose of making a belt bomb and made a belt-bomb. (xxi) Singh Singh remote brought materials Jagrup Singh. On Hawara, and control by 29.8.1995, Jagtar Paramjit Singh accused Tara, Jagtar Jagrup the and
Singh
concealed explosives The
devices, Singh.
wires etc in the cavity of the harmonium Jagrup had aforesaid by The the said been on brought
aforesaid accused persons to the house of Singh 25.8.1995. the harmonium was kept in the house of Jagrup Further, the in aforesaid and Singh house Singh a at accused and the plastic took House Jagtar and concealed explosives cover. above No.889, Singh remaining two to 3-B-2 and tubes Navjot his Jagtar firearms
Thereafter material Phase Hawara
along
with
Tara
concealed it there. (xxii) In the evening of 29.8.1995
accused Dilawar and Balwant Singh went to the shop of Surinder Sharma on the scooter of Lakhwinder Singh and they asked for the Car. But the car was not ready at that time. Surinder Sharma told them that the car would be delivered on the next day i.e
30.8.1995. (xxiii) accused on In the forenoon Singh PCP and 2085 Singh of 30.8.1995n Singh to
Dilawar No.
Balwant
again went to the shop of Surender Sharma Scooter belonging for accused Lakhwinder taking
delivery of the car DBA-9598, Since the car was not yet ready, both of them waited there. Later, in the afternoon when the painting work was about to be complete, Balwant Singh left on the scooter and came back to the shop after sometime with Dalbir Singh @ Maula after collecting the Khaki pant from Lakhwinder Singh. The pant was taken out of the dickey of the scooter and handed over to Dilawar Singh. The Scooter was given to Maula. Dilawar Singh and Balwant Singh took delivery of the car and made the balance payment of Rs.1500/-. (xxiv) on Singh, After taking delivery of the car Jagtar Singh Tara, Dilawar Jagtar Singh Hawara and Balwant Chandigarh, about by the p.m, car No.
30.81.995
Singh left for the Punjab & Haryana Civil Secretariat, DBA-9598, Singh at 4/4.30 Jagtar
Tara was driving the Car. Dilawar
Singh was wearing police uniform. Accused Jagtar Singh Hawara got down from car on the way. The Singh remaining had three and accused that the reached S.Beant and the Secretariat found left
already
Secretariat. They returned back to Mohali while coming back, accused Dilawar
unstrapped the belt bomb from his waist. (xxv) On the night of 30.8.1995,
Dilawar Singh and Balwant Singh took the car No. DBA-9598 to the house No.3031/1, Sector 45, Chandigarh and stayed there for the night with Chamkaur Singh brother of Dilawar Singh. (xxvi) morning cautioned leave Before leaving the house in the of his 31.8.1995, brother Dilawar as Singh to was he Chamkaur Singh
Chandigarh
immediately
going to do something big for which police would torture and kill him. (xxvii) accused In the morning Singh and of 31.8.1995, Singh
Dilawar
Balwant
left the house of Chamkaur Singh in Car No. DBA-9598 and while they were leaving the house, Lakhwinder Singh and Gurmeet Singh also joined them. (xxviii) Thereafter, Jagtar Singh Tara and
Balwant Singh went to the Secretariat on a Scooter. Lakhwinder Singh met them there and told them that S.Beant Singh had not yet to the reached the the Secretariat. of S.Beant was After Singh in that to his Balwant Singh and Jagtar Singh Tara went bungalow Minister ascertain his whereabouts and learnt that Chief present bungalow. (xxix) At about 12 noon, Jagtar Singh
Tara and Balwant Singh again went to the Secretariat Singh. They from could where not they meet went to Village Kansal to enquire about Lakhwinder Lakhwinder Singh there. Then both of them again came back to the Secretariat. After some time Lakhwinder Singh also joined Balwant Singh and Jagtar Singh Tara at the Secretariat premises. Jagtar Singh Tara and Balwant Singh stayed in the Secretariat premises area and waited for the arrival of S.Beant Singh. (xxx) Chief At about 1.30 p.m S.Beant Singh, Minister Punjab, reached the
Secretariat, Jagtar Singh Tara and Balwant Singh immediately left the Secretariat on the Scooter of for House No.981, On way Phase-4, to the Mohali Gurmeet Singh.
house of Gurmeet Singh, they collected Car No. DBA-9598 from their hideout and one of them drove the said car to the aforesaid house of Gurmeet Singh. After reaching the house of Gurmeet Singh, Jagtar Singh Tara and Balwant Singh informed Dilawar Singh (assassin) and Gurmeet Singh that S.Beant Singh had reached Secretariat. Balwant Singh asked Dilawar Singh to get ready for the task. Dilawar Singh strapped the bombbelt around to order. up in his waist. that Gurmeet they Singh in checked up the electric connections of the belt-bomb working dressed ensure police were Dilawar Singh uniform (assassin) concealing
the belt-bomb underneath it.
(xxxi) the
Jagtar
Singh
Tara
and
Dilawar
Singh left the house of Gurmeet Singh for Secretariat in Car No. DBA-9598 for the 'task' Accused Balwant Singh followed them on his Scooter No.PB-11-1955. Jagtar Singh Tara was driving the car and Dilawar Singh and from joined Jagtar had occupied the front seat. They the VIP car gate. at a short distance also Jagtar reached the Secretariat at about 3.00 P.M parked the Balwant Singh the Singh and
accused Singh
Dilawar Tara left
Singh Tara in the Car. After some time, Secretariat leaving behind Dilawar Singh and Balwant Singh in the Car. (xxxii) departure Co-accused of S.Beant Dilawar Singh Singh from and
Balwant Singh were in the car awaiting the Punjab Secretariat. They had waited as per the plan for assassinating the Chief Minister, Punjab at the VIP gate of the Secretariat. (xxxiii) also Punjab Co-accused in and Lakhwinder close Civil Singh was of
present
the
vicinity
Haryana
Secretariat
around 5.00p.m on 31.8.1995. (xxxiv) At about 5.10 p.m, S.Beant Singh
came down to the VIP gate surrounded by his security personnel and others and when he got into car No. PB-08-3469, accused Singh was seen approaching the Dilawar
Chief Minister's car and immediately there
was a huge explosion in which the CM's Car and some other cars in the motorcade caught fire and entire are was engulfed in a dark of dense smoke. S.Beant Singh and seventeen died as a other result persons of named and above 15 explosion
persons named above were injured. 23. revealed dismembered unidentified Similarly that legs person the and was investigation the one damaged by Dr. further two of head
during
investigations
examined
Inderjit
Diwan of P.G.I, who opined that both the legs belong to the same individual and they have been severed just above the knees by a blast, which has created a big lacerated wound at the upper ends of both the legs because of an explosive the device and he from to of also the CFSL, the advised a D.N.A test to confirm the identity of the persons. Similarly, legs and swabs were taken sent parts dismembered RDX on heads
Chandigarh and they have confirmed the presence of the above persons. dismembered During the unidentified investigations, of
Harnek Singh, father of the assassin Dilawar Singh, identified the legs and head in question being his son Dilawar Singh. Dr. Lalji Singh of Central for Cellular and Molecular Biology Hyderabad, took the blood samples of Harnek Singh, Smt. Harjit Kaur and from place Chamkaur the of Singh, father, legs and and mother head and found brother at the the DNA respectively of Dilawar Singh and also the samples dismembered occurrence after conducting
profile and examination concluded that both the legs and head belongs to the one and the same individual and that the said individual is biological off-
spring of Smt.Surjit Kaur and Shri Harnek Singh and since Shri Dilawar Singh is the only missing son of Smt.Harjit Kaur and Shri Harjit Singh, the remnant is that of assassin Dilawar Singh. In this way the identity of assassin has been firmly established as being Dilawar Singh son of Harnek Singh, resident of Patiala. 24. the Similarly, as per the spot inspection by experts an the and specially of rear by Lt. Col. cases, the car Manik the No. expert left Explosive door of
Sabharwal, meters from
explosion took place at a distance of about 1 to 2 PB-08-3469 in which Shri Beant Singh, then CM was sitting and that the seat of the explosion was above the ground level and it has been caused by a explosive device strapped on the torso of a suicide bomber or a human bomb and that is explosion the swearing of his head why after the and legs and
total extermination of the torso has taken place. 25. persons leading The sequence of events accusing the accused being to the part and parcel of Beant of the conspiracy after the murder Singh,
commission of the crime till their arrest and the act and conduct of the accused persons after the commission of the crime till their arrest reveals that on 10.9.1995 , Scooter No. PB-11-1955 of Balwant Singh was recovered from Pritam Cycle Stand, Patiala. From the dicky of the Scooter, an unused belt made of cloth meant for making the belt-bomb was also recovered. Accused, Balwant Singh has been absconding ever since the assassination of Sardar Beant Singh.
26.
Accused Lakhwinder Singh met Dalbir Singh @
Maula on 2.9.1995 in Village Kansal and told him that the planning of the bomb blast was made by him, Balwant Hawara, that which Singh. 27. Accused Jagtar Singh Tara reached Delhi and Singh, wherein Gurmeet Dilawar Singh Singh and Jagtar Singh attained martyrdom.
Lakhwinder Singh had also confided in Dalbir @ Maula Ambassador was got Car No. DBA-9598, regarding which painted from Shri Surender Sharma, the news had appeared in the newspaper, was the same painter and delivered to Dilawar Singh and Balwant
told Jaswinder Singh and Baldev Singh that the car used in S.Beant Singh assassination, was purchased by him and his friend from Paschim Vihar, Delhi. He also told them that he and his friend Paramjit Singh had reached Chandigarh via Punjab on 25.8.1995. He further confided in them that he had driven accused Dilawar Singh in the ambassador car on 31.8.1995 to the Punjab & Haryana Secretariat, when Dilawar Singh was in police uniform and equipped with a belt bomb. He also told his brothers that Dilawar Singh had killed S.Beant Singh by causing the bomb explosion. 28. Accused Jagtar Singh before own Tara has made a
confessional has admitted
statement his
Special
Judicial in the
Magistrate, Punjab, Patiala on 22.9.1995 in which he involvement assassination Balwant Singh, and also the involvement of other Dilawar Singh, Gurmeet Singh,
accused, namely Jagtar Singh Hawara, Paramjit Singh, Lakhwinder Singh, Navjot Singh and Jagrup Singh. He has given vivid details of various overt acts done by the aforesaid accused persons pursuant to the
criminal consequent
conspiracy to which
to Dilawar
kill Singh
S.Beant acted as
Singh, human
bomb on 31.8.1995. 29. accused During of the the course of investigation, co-
present accused, namely Lakhwinder
Singh and Gurmeet Singh were arrested at Chandigarh on 5.9.1995. Similarly, co-accused Jagtar Singh Tara was the arrested time of in Delhi on 13.9.1995. A cyanide Navjot capsule was also recovered from his possession at arrest. Similarly, co-accused Singh was arrested on 18.9.1995 at Village Jhingra Kalan. The Scooter No. PCP-2085 of Lakhwinder Singh, which he was driving at the time of his arrest, was also seized. 30. Accused Gurmeet Singh was taken on Police
custody remand from 6.9.1995 to 19.9.1995. While in custody, he made a disclosure statement on 8.9.1995 u/s 27 of the Indian Evidence Act to the effect that S.Beant Singh was killed by Dilawar Singh by using a belt-bomb, which was prepared in his room. On the pointing out of Gurmeet Singh, newspaper pieces on which the RDX etc was mixed, polythene bag, cardboard strip and cardboard boxes containing the traces of RDX and the particles of the explosive materials found on the floor of his room were taken into possession. 31. with Singh Hawara Accused Jagtar Singh Tara made a disclosure Jagtar and had Singh Hawara, Singh Dilawar had Singh, to Balwant village
statement on 18.9.1995 to the effect that he along Paramjit gone
Jhingran Kalan on 25.8.1995 from where Jagtar Singh collected explosives and the remaining
explosives were still lying in the said house. He promised to point out that house in the village Jhingra Kalan, where explosives are still concealed. Consequently, Jagtar Singh Tara was taken to that village, who pointed out the house of Nasib Singh. 32. while in statement some Nasib Singh was arrested on 18.9.1995 and police that custody he made a disclosure the explosives, which Jagtar Singh he (Hawara) had taken away on
Hawara had concealed in his house and out of which explosives, 25.8.1995, was lying concealed in a room underneath a heap of straw which he could point out and get recovered. On the pointing of Nasib Singh, RDX weighing about 13.700 kgs was recovered on 18.9.1995 from Nasib Singh's house. 33. During investigation, Scooter No.
DL-5SF-0318 in the name of Jagtar Singh Tara son of Sadhu Singh was seized from Kamaljit Singh @ Kala on 22.10.1995. The aforesaid Scooter had been financed by accused Paramjit Singh. 34. PCP 2085, with I Accused Lakhwinder Singh was arrested on he was traveling on a Scooter No. Chandigarh. recovered. death The On a On his the is personal back CM in of search memo was you of of also it hand articles, only, writing at torn receipt Punjab search Kansal in was
5.9.1995, while along written know, accused accused other want PM.
No.13414,
first The
then
the
Lakhwinder Lakhwinder
Singh. Singh
house
Village
revealed bank deposits of Rs.3.85 lacs with Bank of Punjab Ltd., Chandigarh.
35. conducted
House search of accused Navjot Singh was on 17.9.1995 during which his personal
diary and some loose sheets were recovered. Accused Navjot Singh has recorded in his own hand water will not flow in SYL Canal. Only blood of Beant Singh (Singh struck off) and KPS along with their corrupt colleagues will flow in SYL canal along with blood also of Bhajan Lal his Apart house from the above, a manuscript in the hand writing of Navjot Singh was recovered from which, inter alia, states that The People of India and the Govt. of India i.e the Govt. of thieves and black marketeers should not rejoice that peace has come to Punjab through killing looting their the the puppet Sikh people Govt. in i.e fake Beant Singh the and cats. 'smuggler' who along with killer DGP i.e Gill is youths of encounters black Punjab through
These same very cats were mixed in militant ranks to defame the Sikh struggle and to eliminate Jathedars which they did successfully but this will not happed now. 36. Accused Jagtar Singh Tara had parked
Ambassador Car No. DBA-9598 near the VIP gate of the Secretariat on 31.8.1995. During the search of the Car, a couplet in Punjabi in the hand writing of Balwant Singh was recovered, which when translated into English says that my comrades died n the hope that I share their griefs; but if I keep quite and do not say anything then their Souls would not rest in peace and would constantly haunt me. 37. prints Delhi. From were Vide the their aforesaid by the Report car, experts No. Chance of Finger New
lifted
CFSL,
CFSL-95/A/847-44-1
dated 30.10.1995,
the CFSL has opined that a chance
print developed and photographed from the rear view mirror of the car is of accused Lakhwinder Singh. 38. Search was also conducted in the house of
Balwant Singh in Patiala, on 5.9.1995 in which a diary and Babbar Khalsa International letter heads were recovered. In the last page, there is a pen sketch which purports to be of the Punjab & Haryana Secretariat along with the sketch of a commando looking person. 39. House No.1223, Gali No.12, Gurunanak Nagar,
Patiala of Dilawar Singh, was searched on 5.9.1995 in which a small booklet on Shaheed Bhagat Singh was recovered. In one side of the last title page, a pen sketch is drawn which purports to be a belt-bomb with detonator device. 40. Similarly, some more facts, which fortifies
the commission of the offence by the accused persons found during the investigations, were that after the blast on 31.8.1995, office of the UNI, New Delhi, received a fax message on the same night issued and signed by accused Wadhwa Singh and Mehal Singh on the letter head of Babbar Khalsa International. The fax message conveyed that Babbar Khalsa International owned the responsibility for killing S. Beant Singh. Another fax message was received in the same Office on 6.9.1995 under the signatures and name of accused Mehal Singh, also bearing the name of accused Wadhwa Singh. It is also on a similar letter head of Babbar Khalsa International and spells out the jurisdiction and rationale of Babbar Khalsa International behind the killing of S.Beant
Singh. 41. On 2.9.1995, a fax message was received in
the office of Hind Samachar Group, Jalandhar on a similar letter head of Babbar Khalsa International signed by Wadhwa Singh, wherein he has claimed the responsibility given a call the against for to Govt. the the of killing people India S.Beant Punjab the for Singh to cause and of of fight
'Khalistan'. 42. office 7.9.1995 reiterated killing Wadhwa of aforesaid witnesses. 43. All the incriminating articles collected Another of on Hind the fax message was of received Babbar is proved the in the on
Samachar letter the
Group, head
Jallandhar
Khalsa the the of
International signed by Wadhwa Singh, wherein it is that fax organisation Singh. have The been by behind on be to S.Beant and signatures
message
Singh
Mehal
Singh
Independent
from the scene of crime including cloth pieces taken into possession from the car of Sardar Beant Singh, some partly burnt pieces of clothes lying here and there debris, metallic nails, wooden pieces, human jaw, dori, rubber pipe, keys, space, watch etc. were sent and to CFSL Chandigarh for technical examination various technical tests RDX was after the
detected on various cloth pieces, fleshy material, debris, burnt pieces of sponge, human jaw, metallic frame, clothes taken from the rear seat of the car of Sardar Beant Singh, etc. Similarly traces of another explosive known as PETN were also detected on the swabs taken from the heads and legs of the
assassin. 44. 8.9.1995 No.989/95 detected cardboard newspaper The articles purporting to contain traces were also CFSL, the sent to CFSL, opined bag, Chandigarh its that brown to RDX for was of been
of RDX recovered from the house of Gurmeet Singh on examination. on and Chandigarh, polythene cardboard vide report coloured have
dated boxes,
27.9.1995
strips,
pieces
particles
purported
lifted from the floor of the room of Gurmeet Singh. 45. Wadhawa Paramjit On completion Mehal Balwant of investigation, Jagtar Singh Jagroop accused Hawara, and
Singh, Singh,
Singh,
Singh,
Singh
Shamsher Singh have been found absconding since the aforesaid occurrence and as such after obtaining the necessary sanction as required u/s 188 of the Cr.P.C against Singh absconding and sanction accused for Wadhawa Singh, under Mehal the prosecution
provisions of Explosives Act, a charge sheet no.6 of 1995 was filed against the co-accused Gurmeet Singh @ Mita, Lakhwinder Singh @ Lakha, Jagtar Singh @ Tara (now P.O) Navjot Singh and Nasib Singh. 46. During the pendency of the proceedings
before the Sessions Judge, Chandigarh it was found that the accused Shamsher Singh has been arrested and alia accordingly alleging of No. a supplementary challan no.6-A of being Jagtar part and parcel Singh, Hawara, to his of at the the 1995 was filed against accused Shamsher Singh interthat conspiracy, behest Truck the accused Shamsher Singh belonging
accused
arranged cousin
PB-12-A-7947
Sapinder Singh. Thereafter,both of them on or about
10.8.1995 used that Truck and brought two bags of RDX from a place near Village Ajnala, Distt Amritsar near kept the Indo Pak in border, the in pursuance of accused of their conspiracy to execute their target and the same was concealed house Shamsher Singh in Village Ukasi Jattan, Distt Patiala. 47. Later on accused Jagtar Singh Hawara
removed some part of the RDX from the consignment possessed by accused Shamsher Singh on a Scooter on or about 11.8.1995 for using in the commission of murder of Sardar Beant Singh. Accordingly Shamsher Singh was arrested in this case on 11.12.1995 and was taken to Delhi for investigation. 48. Singh of New During the investigations accused Shamsher desired to make a confession regarding his
guilt and he was accordingly produced in the court Shri D.K.Sharma, on recorded as then Metropolitan who after Magistrate, satisfying of Delhi 16.12.1995, the as
himself,
confessional the
statement of
accused Shamsher Singh in which he has accepted his involvement well involvement other accused persons and also confirmed use and providing of the Truck of Sapinder Singh for transporting RDX etc from a place kept near in Ajnala house along in with accused Ukasi Jagtar Singh Hawara and also confirmed that RDX was stored and his Village Jattan, P.S. Rajpura Sadar. 49. and On completion of necessary investigations after obtaining the necessary sanction for
prosecution, a charge sheet No.6-A of 1995 was filed in the court of C.J.M Chandigarh, and vide order dated 19.12.1995 the same was committed to the court
of Sessions. 50. before During the the pendency Court of the proceedings absconding
Sessions
Chandigarh
accused Jagtar Singh Hawara and Balwant Singh were also arrested by the Punjab Police on 22.12.1995. Later accused Balwant Singh was taken into custody by Haryana Police in its case vide FIR No.88/95, P.S.Naggal, Distt Ambala and he was produced before the court on 14.1.1996 till and at that time he was arrested by the CBI in this case and was remanded to Police Jagtar custody Singh 27.1.1996. was Similarly, by the accused Haryana Hawara arrested
Police in the aforesaid case and was produced before the Magistrate at Ambala on 20.1.1996 from where he was arrested by the CBI in this case and then both of them were taken to Delhi for investigations. 51. Singh During volunteered investigations, to make before Shri ACMM accused and Patiala Balwant he was House then New
confession
accordingly was Delhi
produced by
courts, New Delhi on 22.1.1996 and his confession recorded on V.K.Maheshwari, house Court, Metropolitan Magistrate, Patiala
23.1.1996. In his confessional statement
accused Balwant Singh disclosed all the details as to how he and his other co-accused person hatched a conspiracy and killed Sardar Beant Singh and others on 31.8.1995, through a bomb blast by a human bomb Dilawar Singh. 52. Similarly, accused Jagtar Singh Hawara also
suffered a disclosure statement on 23.1.1996 before the Investigating Officer and disclosed that he had prepared the sketch map of the Civil Secretariat of
Punjab
&
Haryana
and
that
of
the
belt,
used
by
assassin Dilawar Singh and has kept concealed these documents in the house of Kuldip Singh @ Ram Singh, Resident of House No.A-341, Nand Gram Gaziabad, where he stayed before the assassination of Sardar Beant Singh and accordingly after breaking open the lock of above house as per the identity disclosed by accused Jagtar Singh Hawara, the sketch map of Civil Secretariat and of the belt were recovered from the aforesaid premises. Similarly, accused Jagtar Singh Hawara further disclosed that while staying in the house of Kuldip Singh @ Ram Singh, he frequently made telephonic calls to at Resham Germany Beant Singh Singh to of Babbar the he and Khalsa International of regarding
assassination PCO Booths at
Sardar
accordingly identified and pointed out the STD/ISD Gaziabad belonging Rajesh Kumar Malhotra & Garg Communications. 53. Balwant and Accordingly after investigating the matter Singh in in pursuance addition of to their the criminal
the C.B.I found that accused Jagtar Singh Hawara and conspiracy committed the following acts of omissions commissions circumstances mentioned above in para number 21:(i) Singh In June, 1995 accused Jagtar Hawara and came stayed to India with from Kuldeep (UP). visited
Pakistan Nandgram, While
Singh @ Ram Singh in House No.341-A, colony, Ghaziabad he staying there
Patiala several times and met accused Balwant Singh and Dilawar Singh at accused Balwant Singh's house.
(ii)
On 23.6.1995 Manjinder Singh
@ Babaji booked Room No.203 in Surya Guest House, Darya Ganj, Delhi, where he, accused Balwant Singh and Jagtar Singh Hawara assembled and discussed the security arrangement of S.Beant Singh and also the modalities to assassinate S.Beant Singh. (iii) In the first week of July,
1995 accused Jagtar Singh Hawara held a meeting with accused Balwant Singh at latter's Rattan the residence Nagar, security i.e Patiala House and No.68/A discussed
arrangements
for S.Beant Singh. They finalised the plan to kill S.Beant Singh through a 'human bomb' in the Punjab & Haryana Civil to be Secretariat stuffed was to They an with be for which they etc the to to decided to get stitched a cloth belt explosives by Car decided which procure strapped also
assassin.
Ambassador
facilitate the entry of the assassin into the Sectt. Jagtar Singh Hawara took up the the responsibility explosives etc. of and arranging
car. Few more uniforms were also got stitched as suggested by Jagtar Singh Hawara. (iv) As mentioned above, Jagtar
Singh Hawara, after procuring RDX etc
with
the
help and
of
accused them
Shamsher in Nasib and
Singh,
storing car,
Singh's house at Jhingra kalan and purchasing the DBA-9598 leaving it with Paramjit Singh and Jagtar Singh Tara in Delhi, went to Patiala again on 21st August, 1995 and met Balwant some Singh. explosive On 22.8.1995 to Jagtar Singh Hawara and Balwant Singh brought material Balwant Singh's house in Patiala. (v) Jagtar the Singh purpose Hawara of and Balwant a belt A/C
Singh got stitched two cloth belts for making bomb, from Stitch Co-Jeans,
Market, Patiala. Delivery of one belt was taken on 25.8.1995 evening and that of the second one on 27.8.1995 evening. One of these belts was used by assassin for Dilawar Singh on 31.8.1995 assassinating S.Beant
Singh. The second one was recovered during investigation from the dicky of Balwant Singh's Scooter No.PB-11-1955 which he had left in the Scooter parking of Patiala Bus Stand on the evening of 31.8.1995 after assassination of S.Beant Singh. Accused Balwant Singh while being in police custody made a disclosure belt being statement regarding the
stitched from Patiala and consequent to the said disclosure statement, he pointed out the shop of M/s Stitch
Co-Jeans, were got
Air
Conditioned The
Market, accused
Patiala, from where the said belts stitched. Balwant Singh also made a disclosure statement that in the month of July, 1995 he got various police uniforms stitched Singh shop, and for he himself also Tailors, and Dilawar out the Town, pointed
Sidhu
Tripuri
Patiala, from where the said uniforms were got stitched. (vi) Hawara Maruti Patiala Stengun with On and Van of and 28.8.1995, Balwant Taxi No. took Balwant material Jagtar Singh DAJ along 1401 Singh a from two police
hired
Service
Singh, and
magazines of the same gun, the belt explosive uniforms etc in the Van and went to Mohali where they met Dilawar Singh and Jagtar Singh @ Tara as preplanned. (vii) Gurmeet On 28.8.1995 and Balwant Lakhwinder Singh, Singh
Dilawar Singh, Jagtar Singh Hawara, Singh remade the belt bomb by adding some more explosive material and RDX and nuts/bolts into the cloth belt in the house house Mohali agreed will of accused Gurmeet Singh It at was the NO.981, during that the Phase.IV, night accused belt SAS Nagar, Singh
hours. Dilawar
wear
containing
explosives etc and will act as human bomb to kill all Beant of attempt Singh. them to And made on a 30-08-95,
unsuccessful
kill
Beant
Singh and ultimately on 31-08-95 they hit their target as per the details given in para 21. (viii) Immediately incident, after accused the Balwant
aforesaid
Singh escaped to Patiala on Scooter No. PB-11-1995 and left the same at Pritam Cycle Stand, Patiala and met his foster parents in village Mehraj Patti Mehraj before Patti & whom he made a confession. After visiting Ludhiana, village Balwant
Singh absconded and reached Nagpur on 2.9.1995 and met his friend Tejinder Singh. There in presence of Tejinder Singh, Gurpreet Singh, Gurinder Singh and Amandeep Singh, he confessed that he killed S.Beant Singh on 31.8.1995 along with Jagtar Singh Hawara, Jagtar Singh Tara, Lakhwinder Singh, Gurmeet Singh and Dilawar Singh and others. Accused Balwant Singh stayed in Nagpur from 3.9.1995 to 6.9.1995 at Hotels Anand Mahal and President in assumed/ fictitious name of Sandeep Sharma. Later he stayed at Nanded and Panipat. (ix) Accused Jagtar Singh Hawara
absconded and in order to evade his
arrest
stayed
at
House
No.A/341,
Nandgram, Ghaziabad (UP). (x) Accused Balwant Singh and Jagtar the
Singh evading Balwant
Hawara
absconded Around
after
commission of offence and had been arrest. Singh 15.9.1995, Singh joined Jagtar
Hawara in Jaipur. He and Jagtar Singh Hawara along with some other persons stayed at different places in Jaipur, Calcutta, and fictitious identities. (xi) Accused Jagtar Singh Hawara of Farrukhabad, till names Agra, Ambala under their Ludhiana 22.12.1995 concealing
and Balwant Singh maintained regular telephonic their contact i.e with for other members outfit Babbar Khalsa seeking viz,
International support from
instructions and material & monetary countries Germany, USA, Norway etc. (xii) Car The chance prints lifted from No. DBA-9598 of with the the used crime, specimen in were the got
commission compared
finger
prints of the accused persons and one of the chance prints has been found to be that of accused Balwant Singh. 54. Accordingly and after after completion the of
investigations
obtaining
necessary
sanctions, a supplementary charge sheet no.6-B was submitted against accused Balwant Singh and Jagtar Singh Hawara, in the court of Area Magistrate and vide order, dated 19.2.1996, Shri Shekhar Dhawan, then Chief Judicial Magistrate, Chandigarh committed the case qua these accused persons to the court of Sessions. 55. R.S.Pura, Ultimately District absconding Jammu, FIR accused No. Paramjeet under
Singh was arrested on 14.8.1997 by J&K Police in PS 153/97, Sections 122/125 RPC, Section 7/25, 3/25 Arms Act and Section 4/5 E.S.Act. Accused Paramjit Singh was formally arrested in this case by CBI on 30.9.1997 in the court of Judicial Magistrate Ist Class, RS Pora, Jammu, when produced by J&K Police in their aforesaid the JMIC, case. RS in After obtaining the permission of Pora, accused Paramjit Singh was judicial custody at Central Jail,
interrogated
Jammu. The CJM Jammu was requested on 1.10.1997 to direct the jail authorities to keep accused Paramjit Singh Baparda, appoint a Magistrate for conducting test identification parade and accused should not be allowed to move out of Jammu upto 8.10.1997 i.e. prior to his test identification parade. During interrogation, accused Paramjit Singh disclosed in details as to how he and other co-accused persons conspired to kill S. Beant Singh and others and he corroborated earlier other deliver workship disclosed Lakhwinder car in the facts and circumstances given in interrogation that he along with persons and DBA-9598 7, namely to the Gurmeet had on painter Singh, gone at to his Dilawar Singh charge accused Singh No. sheet. Accused Paramjit Singh also
during
Sector
Chandigarh
26.8.1995.
Accused
Paramjeet Singh was identified by witness
Surender Sharma, the painter of Chandigarh in the Test identification Parade conducted in premises of Central Jail, Jammu on 8.10.1997. 56. the Further investigations carried on disclosed following acts committed by accused Paramjit
Singh and others in pursuance of the said criminal conspiracy: (i) Accused of Delhi, Kirtan 1994, Singh. charge and his Paramjit Singh was Jodh As Jatha. who Singh also In Singh already Jodh was a the a of close Uttam of of
friend Nagar, Akhand
Jodh
resident
member end
December Paramjit earlier Singh
introduced stated Singh in and for a
accused jagtar Singh Hawara with accused sheets, friend accused Paramjit
Charanjeet in Mohalla
arranged Nandgram
accommodation Colony by
accused Jagtar Singh Hawara at Ghaziabad hiring house. (ii) It was revealed that in May 1995, from
accused Jagtar Singh Hawara telephonically contacted accused Paramjit Singh Pakistan at the workshop of his brother in Gandhi Nagar, Delhi, Ph. No. 2413721 and requested him to arrange for a car driver as he would be reaching Delhi very soon. Paramjit Singh Singh a knew the accused Jagtar They Tara, professional driver.
were also co-accused in FIR No. 39 dated 26.3.1991, PS Ropar and FIR No. 12 dated
2.2.1991, PS Ropar as already detailed in chargesheet No.6/95. On arrival of accused Jagtar to Singh Hawara Singh accused Hawara Paramjit in June Singh introduced accused Jagtar Singh Tara accused Jagtar 1995. (iii) Singh bearing Mrs. And purchased As already stated, accused Jagtar Hawara a Mr. and Steel SK Jagtar Grey No. Dutta Singh DBA-9598 so nof Tara car from Ambassador
Registration
Paschim
Vihar, New Delhi on 30.8.1995 for a sum of Rs. 32,000/-. After purchase of this car, accused Jagtar Singh Tara drove this car to trans-Yamuna the area of to East get a Delhi it and delivered the said car to Paramjit Singh with instructions and repaired Singh fully checked Accused from Tara reliable financed
mechanic to make it fit for long drive. Jagtar also for repair cost and told accused Paramjit Singh to get affixed black film on window panes. (iv) Singh alias On Bhai 21.8.1995, Mistri Park, accused Paramjit Singh 12/B Delhi, friends of
contacted
mechanic Laxmi
Himmat Nagar,
resident
Vishwakarma car had
living in neighbourhood and told him that been purchased by his namely Jagtar Singh Tara and Jagtar Singh Hawara and had to be taken to Punjab and Chandigarh, Accused on an important asked mission. mechanic, Paramjit Singh
Himmat it.
Singh check
alias the Singh
Bhai vehicle alias
Mistri and Bhai
to
completely Himmat on
repair Mistri the
repaired the vehicle and got a black film affixed payment window made panes by for which was accused Paramjit
Singh. Accused Paramjit Singh along with accused Jagtar Singh left Delhi by car No. DBA-9598 on 24.8.1995 as already stated in charge Panjabi Hawara between sheet No. 6/95; they reached same night this University, and 24th Balwant and Patiala Singh. In the the 1995,
evening and contacted accused Jagtar Singh 25th August
accused and Jagtar Singh Tara stayed at the house of Sardar Nirmal Singh. (v) and car, On 25.8.1995, accused Paramjit Singh Jagtar where Singh Jagtar Jagtar Tara reached Gurdawara Balwant Paramjit car NO. and
Dukh Niwaran Sahib, Patiala in the said Singh Singh Hawara, Hawara, in Singh, Dilawar Singh were already present. Therafter Dilawar DBA-9598 Kalan, control where PS collected Singh, Balwant Singh, Jagtar Singh Tara, Singh, and two left Patiala District wires earlier and kept reached bags village containing Jhingra remote Singh Jagtar
Kurali,
Ropar
devices, were
explosives by
(RDX) etc. from the house of Naseeb they Singh Hawara. (vi) 25.8.1995
Thereafter, the same day i.e. on in the evening all the said
accused
persons
reached
House
No.
981,
Phase IV, Mohali, of accused Gurmeet Singh where Jagtar Singh Hawara kept some of the explosives material out of the aforesaid two batgs and all of them went to House No. 243, Phase VII, Mohali of Jagrup Singh where accused Singh Jagtar Singh Hawara and Paramjit kept remote control
devices and remaining explosives material. (vii) sheets asked Singh car. As already stated in earlier charge on and 26.8.1995 Singh car get Jagtar to No. Singh Hawara Dilawar painted Singh, Paramjit contact DBA-9598 Lakhwinder
off-white to give it a look of an official Gurmeet Singh, Dilawar Singh and Parmajit Singh took car No. DBA-9598 to Shop No. 24, Sector VII, Chandigarh As already of stated Surinder Lakhwinder Shrama Singh and paid delivered it for painting it as off-white. advance Rs. 1500/- and instructed that car should be ready by 29.8.1995 or latest by 30.8.1995. (viii) Accused Paramjit Singh left
Mohali and reached Ropar for attending the court in the aforesaid case pending trial against him in the court of JMIC Ropar in FIR No. 12 on dated 2.2.1991. Ropar, and at It he Truck was also his Union on revealed Karnal friend of that Surender from reached
31.8.1995
contacted
Singh of
Market, Karnal, where he learnt the news assassination S.Beant Singh
31.8.1995. Immediately after he rushed for Delhi and reached the house of his brother Jarnail himself Singh in the alias Joga and concealed of his factory premises
brother due to apprehension of his arrest and absconded thereafter. (ix) During first week of September 1995 he contacted his friends Harjit Singh alias Raja, Hira Singh son of Gurbachan Singh, for seeking shelter with them and no their refusal he approached his old childhood friend Mohd. Iqrar Ahmed alias Bhaiya resident of House No. 4926/A, Old Seelampur, Delhi on or about 10.9.1995 and sought his helop for taking sheldder in his house at Delhi with a view to avoid arrest by the police. On refusal of Iqrar Ahmed, accused Paramjit Singh took address of his grand father Hazi Noor Mohd, resident of Mohalla Afghan, Amroha, Uttar Pradesh and lived at Amroha for two days. Iqrar Ahmed also reached Amroha next day and found accused confession Paramjit to his Singh friend there. Iqrar The accused Paramjit Singh also made extra judicial Khan showing his involvement and others in assassination of S. Beant Singh, the then, CM Punjab. Iqrar and he Ahmed came asked back Paramjit to Delhi. Singh to leave his grand father's house immediately Accused Paramjit Singh thereafter, stayed at different places in Moradabad, Sirsa, Agra, Gwalior, in Indore and Ambala and remained regular telephonic contact
with other members of outfit Babbar Khalsa International for seeking instructions, material and monetary support from other countries viz Germany and Pakistan. 57. Accordingly and after after completion the of
investigations submitted court 20-12-97.
obtaining
necessary
sanctions, a supplementary charge sheet No.6-C was against accused, Paramjit Singh, in the Sessions Judge, Chandigarh on Learned
CHARGE SHEET
58. As is made out from the records, the charge
sheet of this case was submitted during the trial of the main case entitled State vs. Gurmeet Singh etc. but vide order Judge, from dated 13.2.1998, learned the the then Sessions separated Judge, grounds accused, Chandigarh the main ordered separate vide
trial of this case and accordingly, this case was case. After that, detailed order dated 16.09.1998, the then Sessions Chandigarh found that there are sufficient for presuming that somewhere during the
period November, 1994 to August, 1995, the present Paramjit Singh along with his co-accused Gurmeet Singh, Lakhwinder Singh, Jagtar Singh Tara, Navjot Singh, Nasib Singh, Shamsher Singh, Balwant Singh and Jagtar Singh Hawara along with accused Mehal Singh and Wadhawa Singh (based in Pakistan), accused Manjnder Singh (based in U.K.), Harjit Singh (based in U.S.A), and and accused Rasham Jagroop Singh Singh (based dead) in Germany) absconding) accused Dilawar Singh (since have
(since
hatched a criminal conspiracy to murder late Beant Singh and in pursuance of that conspiracy committed different punishable acts under and thereby 302 committed and 307 an offence with Section read
Section 120-B and 109 of IPC and under Sections 4, 5 and 6 of the Explosives Substances Act, 1908. 59. As per the above order, accused Paramjit
Singh, was accordingly charge sheeted. The contents of the charge sheet were explained to him in his own vernacular language to which he pleaded not guilty and claimed trial.
PROSECUTION EVIDENCE
60.
In order to prove its case, the prosecution
examined as many as 208 witnesses. A brief resume of their testimony along with their particulars and the role of these witnesses is as follows: PW-1, D.K.Tripathy, was the SP CM Security and he accordingly of the deposed CM under about the security arrangement and the placement of cavalcade different security agencies and also deposed that on 31.8.95, he was on duty as SP Security and at about 5.05 p.m, when the CM Beant Singh, was to leave the Civil Secretariat for U.T Guest house and when he was about to get into the car a powerful explosion took other place in resulting and the CM into and the he and death was of persons also
injured
blast
becomes
unconscious.
PW-2, took
C.Pala Ram, who was on duty at VIP place, accordingly informed the
gate and in whose presence this bomb blast matter to the police as to how the bomb blast took place and deposed accordingly and formal FIR was accordingly recorded. PW-3, Dr.R.K.Banta, was the SMO on duty on 31.8.1995 and he accordingly deposed that all the injured brought to the P.G.I were examined by him and under his instructions by the various Doctors and the medico legal reports were prepared. PW-4, Jasbir Singh, owner of House No.68A, Rattan Nagar Patiala deposed that one room atop the porch on the Ist floor was on rent with co-accused Balwant Singh and he accordingly identified the co-accused Balwant this Singh in the court during by the main CBI into trial and further deposed that on 3.9.95 room was searched there were authorities in his presence and all the articles found taken possession as per memo, Ex.PW-4/A, which was signed by him. PW-5, Kawaljit Bansal, JTO, has deposed
about the search of a house of in Village Maharajpur and recovery of incriminating articles and taking of photographs by CBI in his presence in the presence of Budh Ram Garg, as per the memo of search containing the list of articles recovered,
copy of which is Ex.PW-5/1. PW-6, Dinesh Kumar Sharma, was the
Metropolitan Magistrate at Patiala Courts House, New Delhi in the month of December, 1995 and on the request Singh of @ C.B.I, Shera all on and the the 16.12.1995, he recorded the confession of co-accused accordingly and of also the Shamsher deposed that about he
proceedings for recording the confession deposed recorded confession of this accused and the copies proceedings Ex.PW-6/1 that durance to he and including is not confession after any and under are, threat, Ex.PW-6/6, coercion
satisfying
voluntarily made the same. PW-7, Kuljit Singh, was the school mate of co-accused Balwant Singh and accordingly deposed about the education and posting of Balwant Singh in Punjab Police and his residing at House No. 68-A, Rattan Nagar, Patiala. He also deposed that he had known Tejinder Singh, Gurmail Singh, co-acused Gurmeet Singh, Charanjit Singh and accused Paramjit Singh, who were friends of coaccused Balwant Singh. He had also known Dilawar Singh as one of the friend of coaccused Balwant Singh. Lastly, he deposed that in the month of September, he was posted in GRP, Ludhiana and was residing in Government accommodation and co-accused Balwant Singh came to his Quarter near G.R.P, Police Station, Ludhiana and he was
perplexed at that time and was also clean shaven Singh and on had inquiry that committed should accused he the Balwant and murder his of deposed since
companions
Beant Singh, he
inform his family
at Raijona not to disclose anything about his whereabouts. He further deposed that co-accused, Balwant Singh also disclosed that deceased Dilawar Singh acted as human bomb Civil parked and co-accused and also Jagtar that Singh car Tara remain the drove Dilawar Singh in a Ambassador Car to Secretariat there. He identified
photographs of the accused Dilawar Singh and co-accused Gurmeet Singh. PW-8, Raman Kumar, was friend of Satinder Pal Singh @ Simpy, who was friend of accused Gurmit Singh and he deposed that co-accused Gurmeet Singh was sharing room with that Satinder Pal Singh @ Simpy and further deposed that on 1.9.1995, when he visited the room, he found that apart from Gurmeet Singh, four other persons were sitting there. PW-9, Inderjeet Singh, who is a Granthi, has deposed that Paramjit Singh, accused is native of village Bheora in district Ropar and when accused Paramjit Singh met him, at that that time, he was working at Delhi. He requested accused Paramjit Singh to get him employed some where. He further stated that Jagtar Singh Tara accused met him in Karol Bagh Delhi. He had gone all
alone Bagh, house Mohali Jagroop staying Singh
to Delhi, of
Delhi
in
connection Singh of accused
with met
performing Rainsubai kirtan but in Karol Paramjit sister is near who house stayed him. He further stated that he knows the the he Paramjit He Singh of by of knows accused which and Singh, in the the Gurudwara introduced the sister to
there.
was of had
Paramjit Singh accused to him. When he was Paramjit Singh accused at Mohali, Jagtar Tara co-accused come that house. Later on this witness was declared hostile by learned Public Prosecutor as he failed Singh to depsoe that the accused Parmajit of this disclosed conspiracy
case to him and asked him to join them but he refused, as was stated by him to CBI during investigations. And in his crossexamination witness after has by the learned that his on PP, this admitted of 4.2.2000, co-
when he went out side of this Court room recording statement, accused Jagtar Singh Tara and co-accused Jagtar Singh Hawara were standing outside the court room but they did not exchange words with him. PW-10, Manohar Singh, who was a associate of Nirmal Singh failed to support the prosecution and was declared hostile. PW-11, Dr. Gopalji Mishra, who was posted as Director, Forensic Science Laboratory, Punjab, Chandigarh at the time of this
bomb blast, deposed that on 31.08.1995, he reached at the to spot Ex. and he accordingly He further took photographs, the copies of which are Ex.PW-11/1 PW-11/70. stated that on 2nd and 3rd of September, 1995, he had visited the mortuary and had taken photographs of human leg, skull and of the shoes and proved photostate copies of photographs, Ex.PW-11/71 to Ex.PW-11/94. He also brought the negatives of the photographs in the court. PW-12, has Kanwar Kishan, record Hospital Senior Assistant medico the
brought to
the the
regarding and
legal reports of the injured, which were brought proved same accordingly deposing that on 27-11-95 files of all the injured were taken into possession by police asper memo, copy of which is Ex.PW-12/1 and the copies of those files as Ex.PW-12/2 to Ex.PW-12/10. PW-13, Mohd. Iqrar Khan, is one of the material witnesses of the prosecution as far as the present accused Paramjit singh, is concerned as he was a childhood friend of accused Paramjit Singh and accordingly deposed that in the year 1995, accused Paramjit Singh met him on 10th September near Railway crossing and disclosed that he has some dispute with his brother and in order to save himself from the police, he requested him that he be permitted to reside in his house but he expressed his inability and asked him to go to the house
of his grand father at Amroha, UP. He also deposed that the accused then of his grand father. He borrowed a stated sum of Rs.100/- to him along with address further that on the next day, he went to the house of his grand father. Then in the market of Amroha, accused Paramjit Singh went to a telephone booth and started talking to some one by sending the owner of the booth outside and he disclosed to him that he along with 3-4 other persons had killed Beant Singh at Chandigarh, since he actively participated in the riots which took place in 1984 at Delhi. He became perplexed and he left him in the market and in the evening he came back to Delhi. PW-14, Dr. Sandeep Singh Sahini, who had conducted Mukhtair the Singh postmortem and examination Ranjodh on the dead body of Yash Pal, Laxman Dass, Singh,
accordingly proved that these persons died because of the injuries suffered in the bomb blast as per the of reports which and are proceedings, copies
Ex.PW-14/1 to Ex.PW-14/8. PW-15, Dr.Jagjiv Sharma, who had conducted the postmortem examination of the dead body Jagdish reports of deceased Tota that Chamkaur Ram and Singh, Dhanwant of these Singh, showing
Singh, accordingly proved his postmortem death persons took place because of the injuries suffered in this blast as per the reports,
copies
of
which
are
Ex.PW-15/1
to
Ex.PW-15/8. PW-16, Dr.Amar Singh, CMO, Dental Surgeon, was the family Doctor of deceased Beant Singh and went and he to he used to take care of the on of of he dental problem of deceased Chief Minister accordingly P.G.I he and deposed on the the that asking denture which 01.09.1995 he came to Chandigarh and then Dr.Bakshi, same to identified the the same
deceased Chief Minister and he found the be for denture prepared deceased Sardar Beant
Singh and he submitted his report, copy of which is Ex.PW-16/2. PW-17, Dr. Dalbir Singh, who had conducted the postmortem examination of the dead body of deceased Balbir Singh as well as who was the are proved associated in the post mortem of Beant to Singh, accordingly of He which also the proceedings, copies deceased Ex.PW-17/1
Ex.PW-17/3.
deposed about the examination of the two legs and a skull of human Bomb Dilawar and proved the report, copy of which is Ex.PW-17/4. He also proved the taking of blood sample of Chamkaur Singh, brother of deceased Dilawar Singh in his presnece. PW-18, Harbir send Balbir Singh Singh, Bhullar who was friend in of
settled
Canada, know
deposed that Harbir Singh Bhullar used to money to one Hundal and they
this fact as Harbir Singh Bhullar used to inform this fact to them on their telephone to further inform to Hundal. PW-19, Kesar Dumra, who was working as
Peon in the Civil Secretariat also deposed about the manner of explosion on 31.8.1995 and death of Beant Singh and others. PW-20, Satinder Kumar, who was working as driver with Sardar Harcharan Singh, then Health Minister of Punjab, also deposed about the manner of explosion on 31.8.1995 and death of Beant Singh and others, when he went there along with Sardar Harcharan Singh Brar. PW-21, Joginder Singh, who was driver of a IAS Officer and on 31.8.1995, he was on duty and present and near of VIP Beant Gate, Singh also and deposed about the manner of explosion on 31.8.1995 others. PW-22, C.Subhash Chander, No.781, was death
working in Wireless Control Room and was on duty on 31.8.1995 on P.S. Central Net. He has also proved the entries of Lag Book, copies of which are Ex.PW-22/4 made in the log book of Central Net covering the period 31.8.1995 and an entry, copy of which force is and Ex.PW-27/1 checking of regarding vehicles sending of the
suspicious persons in the area and receipt of message was also confirmed.
PW-23, C.Rajinder Kumar was on V.I.P Net of Police Control Room. He has also proved different messages flashed between 17:11 hours and 17:30 hours. PW-24, Dr.Deepak Bakshi, who had conducted the postmortem examination on the dead body of Balbir Singh, accordingly, proved his postmortem report showing that death of the person took place because of the injuries suffered in this blast. PW-25, Gautam Singh, was working as
Wireless Operator in Police Control room and he has 31.8.1995 proved that he was on duty on and was posted in the Police
Control Room on Zebra Net at that point of time. He has also proved his entry, copy of which is, Ex.PW-25/1, about blast regarding in Civil messages received
Secretariat. PW-26, Dr.B.R.Chauhan, who had conducted the body postmortem of Kultar examination Singh and on the dead Swaran Singh,
accordingly proved his postmortem reports showing that death of these persons took place because of the injuries suffered in this blast. PW-27, Dr.P.L Goyal, who had conducted the postmortem examination on the dead body of Sher Singh accordingly showing proved that death his of postmortem report
the
person
took
place
because
of
the
injuries suffered in this blast. PW-28, Constable Balraj Singh No.299, has proved that he was on duty on 31.8.1995 on P.S. East Net, Police Control Room, U.T. Chandigarh. He has also described with regard to the call signs used on wireless sets. He has also proved his entry at page no.287 regarding receiving message, copy of which is, Ex.PW-24/1. He has also proved that on 3.8.1995 at 17:11 hours a message was flashed and the entry in this regard was made. PW-29, SI Hari Ram of Chandigarh Police Control Room, who has proved the various Traffic Net, Net Zebra and Net, has V.I.P Security copies of Net, P.S.Central Net, P.S. East Net and P.S.South proved documents, Ex.PW-22/1 to Ex.PW-22/5 with regard to the entries in the log book and of different nets. He has also proved the certification contains 380 to the effect that it to pages from 17.8.1995
3.9.1995. The above documents were taken into custody vide memo, copy of which is, Ex.PW-22/6 and he also proved the signatures on the said document. PW-30, Dr.R.K.Sharma, Surgeon in the Deptt of Plastic Surgery, P.G.I had accordingly proved the treatment given to the deceased Dhanwant Singh in his department.
PW-31, Kulwant Singh, who was working as driver with and J.S.Maini, who was then on Principal duty with Secretary
Mr.Maini on 31.8.1995, also deposed about the manner of explosion on 31.8.1995 and death of Beant Singh and others. PW-32, C.Bakshish Singh, who was on duty on the VIP gate of the Punjab Civil Secretariat, deposed about the bomb blast and the killing of Beant Singh and also deposed that he also suffered injuries. PW-33, Dr.J.K.Katra, who had conducted the postmortem examination on the dead body of HC Ajaib Singh and Rajinder Prashad, accordingly proved his postmortem report showing that death of the this blast. PW-34, Dr.Sushil Gupta, Medical Officer, General Hospital, Sector 16, Chandigarh, proved both that of on 31.8.1995 have he examined injuries injured Kulwant Singh, Satinder Kumar and them suffered because of the bomb blast. PW-35, D.P.Sehrawat, who was working as an Assistant General presence of in the Health office Services Jagtar of at Director Nirman Hawara of person took place because of the injuries suffered in
Bhawan, New Delhi, was the person in whose co-accused on Singh the has given his specimen hand writing and signatures 24.01.1996, copies
which are, Ex.PW-35/1 to Ex.PW-35/17 and he deposed that he attested the sheets accordingly. PW-36, Kaku Singh, a Gate Keeper of the Secretariat, identified the dead body of Tota Ram, who died in the bomb blast. PW-37, Dr.Sachin Bassi, identified the
dead body of Dr.Anil Duggal, who died in the bomb blast. PW-38, Sanjiv Kumar identified the dead
body of Yash Pal Bali, who died in the bomb blast, PW-39, and deposed accordingly. Singh identified the dead
Manjit
body of Ranjot Singh, who was his father, who died in the bomb blast and deposed accordingly. PW-40, Bhupinder Singh identified the dead body of Jagdish Singh, who was his younger brother, who died in Bomb blast and deposed accordingly. PW-41, him Hardev who Singh died identified in bomb the blast dead and
body of Chamkaur Singh, who was related to and deposed accordingly. PW-42, Blast Baldev and Singh was his related body to and
deceased Jagdish Singh, who died in Bomb identified dead deposed accordingly.
PW-43, Amarjit Singh identified the dead body of his brother Swaran Singh, who died in bomb blast and PW-44, who Sukhwinder in bomb deposed accordingly. Singh blast identified and the
dead body of his father Mukhtiar Singh, died deposed accordingly. PW-45, Surinder Singh deposed that on
31.8.1995, Dr. Anil Duggal and Dr.Rajnish Sood were on duty with the Chief Minister, Punjab in the capacity of Medical Officers and later on, he learnt that both Dr. Duggal and the C.M, Punjab succumbed to
their injuries. PW-46, P.C.Sharma, of then CBI on Inspector 5.9.1995
deposed that he was associated with the Investigation and this case under the orders of search of the Mr. Punia, DSP, CBI room of co-accused
as directed by him, he conducted the
Lakhwinder Singh and taken into possession all the articles as per memo, the copy of which is Ex.PW-46/1. He has also proved on the file copies of FDRs, Ex.PW-46/2 and Ex.PW-46/3. PW-47, Ranjit Singh, Constable deposed
that while posted at Chandigarh, he was knowing accused Lakhwinder Singh and his friend Dilawar Singh resident of Patiala. He further deposed that on his
identification, opened Bank his
accused with He
Lakhwinder Punjab identified
Singh the
account
National
Chandigarh.
signatures of Lakhwinder Singh on account opening form, Ex.PW-47/1, as well as his own signatures that, and at the that photograph time, of Lakhwinder Singh, Ex.PW-47/2, and further deposed accused Lakhwinder Singh was clean shaven. He also identified the photographs mark, YY/5 and mark D-SSSS. PW-48, Prit Paul Ct. C.II. as the friend and room mate of co-accused Balwant Singh and accordingly identified his photographs and deposed Pal about Singh the and association deceased of Tejinder Dilawar
and identified their photographs. PW-49, the team Dr. of Rajinder the CFSL Singh, Senior who
Scientific Officer, CFSL was a member of authorities, examined the scene of crime from 1.9.1995 to 3.9.1995 and deposed about the recovery of the incriminating articles from the spot. He has seen the articles, Ex.P-151 to Ex.P-154 and he proved the copies his reports, Ex.PW-49/1 to Ex.PW-49/2. PW-50, H.R.Chopra, by him, then which DSP, are CBI of also formal
deposed as to the part of investigations conducted nature. PW-51, C. Amarjit Singh was associated
during
the
postmortem
proceedings
of
deceased Mukhtiar Singh and he accordingly deposed about those proceedings. PW-52, SI Om Parkash was the person, who conducted the inquest proceedings of some of the dead those that bodies the and he accordingly He of further Dhanwant proved stated proceedings. dead body
Singh was identified by Gurmukh Singh and Gurmail Singh and the dead body after post mortem heirs. PW-53, inquest SI Tarlok and Singh conducted the was handed over to his Legal
postmortem
proceedings
relating to the dead body of Ranjot Singh and proved the same accordingly. PW-54, SI Baljit Singh was associated in the postmortem proceedings of deceased Swaran Singh and deposed accordingly. PW-55, where Pala HC after Ram, Anil Kumar deposed the Nanha that he of
accompanied Inspector, Nanha Ram to PGI, recording Inspector statement Ram made
endorsement and gave it to him and he took it to the Police Station for registration of the case and accordingly, the FIR, the copy of which is, Ex.PW-1/1, and he also proved the copies of DDR No. 30, 34, and 41 dated 09-09-1995 as Ex.PW-55/2 to Ex.PW-55/4.
PW-56,
Charanjit
Singh,
has
proved
his
association with accused Paramjit Singh as well as with Jodh Singh and Harpreet Singh alias Nikka Bawa and he met both Jodh Singh and Harpreet Singh in Tihar Jail. Later on, this witness did not support the prosecution case and was declared hostile by the learned Public Prosecutor. PW-57, the Babu Lal, proprietor vide of of entry which Ganpati dated is
Guest House, Jaipur deposed that as per guest register, the copy 14.9.1995,
Ex.PW-57/1, one Ajmer Singh son of Santokh Singh arrived in the guest house at 7.40 a.m, accompanied by two male persons, one female and one child and they stayed in room no.6 up to 16.9.1995 and he handed over the entries to the CBI accordingly. He also proved the copy of memo as Ex.PW-57/2. PW-58, HC Mohinder Singh 31.8.1995 roznamacha 10.9.1995. flashing and He made has register w.e.f was on duty on in proved copies the to the of 27.8.1995
entries
according, the
entry vide DDR No.32, in relation to the of the message, which is Ex.PW-58/1 and Ex.PW-58/2 is the copy entry in the roznamacha of DDR at serial no.33, which was made in his own hand writing. This witness has also proved that the ruka, the copy of which is Ex.PW-58/3, was received by him, on the basis of which FIR No.96 of 1995, the copy
of
which
is
Ex.PW-58/4,
was
registered,
which was in his hand writing. An entry in DDR at serial no.36 regarding the receipt of Ex.PW-58/3 ruka was made. This witness has also proved the copy of an entry to the effect that copy of FIR, Ex.PW-58/6 was delivered to Shri A.K.Jain then Area Magistrate. PW-59, HC Paramjit Singh has registered
the formal FIR and proved the the copy of the same as Ex. PW-55/1. PW-60, ASI Ranjit Singh, deposed that Car
No. DBA-9598 was lying in Police Station, North and on 1.9.1995, it was examined by Expert S.K. Chadha and Gautam Rai and they took the photograph and finger prints in his presence as per the memo, the copy of which is Ex.PW-60/1, which bears his signatures. PW-61, SI Neeraj Sarna of Crime Branch,
Chandigarh deposed that he was present on 03.09.1995 at the scene of crime and the same was inspected by the CBI team along with the expert spot as team per of the the CFSL the and some from of incriminating articles were memo, lifted
copy
which is Ex.PW-61/A, after converting the same into sealed parcels in the presence of Inspector P.K.Dhawan and DSP A.K.Ohri and he also identified those articles as Ex.P-186 to Ex.P-189 in the Court.
PW-62, Jagdish Singh is the brother-in-law of accused Paramjit Singh and when he was residing in a house in Phase-VI, Mohali, accused his Paramjit and Singh used was to working and of with stay the brother to come story
there along with his brother but he has failed support the prosecution and thus was declared hostile. PW-63, Harmohinder Kaur, sister of accused Paramjit brother Jatha where come and Singh was a in and member the deposed of year 1995, Singh and that she and her was his to Akhand Kirtani
residing in a House in Phase-VI, Mohali, accused and stay Paramjit with him friend Inderjit Singh and others used Singh stayed with activities of
Charanjit
them for a night at Singh and thus
Mohali but she failed to depose about the Paramjit failed to support the prosecution. PW-64, Babu Singh was the Head Gate Keeper of on Punjab 31.8.1995 Civil and Secretariat the death of and he accordingly deposed about the bomb blast Dhanwant Singh, another watchman in the blast. PW-65, R.D. Kalia, DSP, CBI investigated the case at Jaipur and he had taken into possession the guest register of Ganpati Guest House from its proprietor Babu Lal Sharma as per memo, the copy of which is Ex.PW-57/1. On 23.1.1996, he also took into possession the register, the copy of
which is Ex.PW-65/1 of Hotel Laxmi Palace, Jaipur. The copies of the register of and Laxmi Palace, Jaipur is Ex.PW-65/2
that of Ganpati House is Ex.PW-57/2. PW-66, Atma Ram, who was working as liftman in the Civil Secretariat, also deposed about the bomb blast as heard by him. PW-67, Sunit Kumar in the Sharma also remained and
associated
investigation
deposed that he remained associated with Shri S.N.Saxena as Assisting Investigating Officer Singh, right which from 03.09.1995 accused in 1997. till the investigation against concluded Paramjit Accused
Paramjit Singh remained absconded during the investigation from 1995 till the third charge sheet is filed or even thereafter. During Sexena persons the course of investigations of Singh, SN collected namely photographs certain Gurmit
Lakhvinder
Singh, Balwant Singh, Dilawar Singh, which were recovered from the house searches and photograph accused stated Intelligence that of was Jagtar Unit no Singh Hawara He of cocollected Punjab. photograph from Counter further accused
Paramjit Singh came to their possession at any point of time. This witness further testified that on 14-08-1997, they learnt that accused Paramjit Singh Bheora has been arrested in FIR No. 153 of 1997 at Police Station, RS
Pura, Jammu. On 30.9.1997, he was at Jammu with the SN Sexena, DSP. On that date, DSP SN Sexena On had the moved same an application, another Ex.PW-203/A before Judicial Magistrate Ist Class. date, application, Ex.PW-203/B was moved by DSP SN Sexena, with a request to allow him to interrogate Paramjit Singh and the said application was allowed and Mr. SN Sexena interrogated accused Paramjit Singh inside the jail premises at Jammu and involvement of Paramjit Singh in the conspiracy of assassination of the then Chief Minister Beant Singh was confirmed. On 01.10.1997, further interrogation of accused Paramjit Singh was done by Mr. SN Sexena inside the jail CJM, in his presence and thereafter, application Ex.PW-201/A, was moved before Jammu to keep accused Paramjit Singh is to be held and test the Baparda and to inform him that his test identification conducted from identification parade of accused was got Surinder Sharma, Painter at Chandigarh, who painted Car No. DBA-9598. Paramjit Singh accused was not shown to any witness prior to the holing of Test Identification Singh from Jammu Parade Jail on to 08.10.1997. Thereafter, he brought accused Paramjit Chandigarh and produced in the court on 18.10.1997 and sent to judicial custody. He proved the certified PW-35, PW-207 copies of statements of PW-9, PW-11, PW-14, PW-18, PW-19, PW-118, PW-32, PW-132, PW-75. and PW-111, as PW-248
Ex.PW-67/12 Sexena, had who
to
Ex.PW-67/24 since
respectively. and was
This witness further testified that Mr. SN had the expired of Chief Investigating Officer of this case recorded statements various persons under Section under SN Section 188 161 Cr.P.C.. The The the the copy of
sanction of Central Government was taken Cr.P.C.. meeting Act, which is Ex.PW-67/25. On 28.11.1995, Mr. Sexena, after concerned copy of officers obtained the sanction under the Explosives Substances which is Ex.PW-67/26. This witness further stated that some part also of the by investigation DSP and Surinder After was who of also has of the conducted Pal,
expired.
finalization a
investigation requisite
procedure, orders,
sanction
separate
charge sheet, Ex.PW-67/27 was filed by SN Sexena, DSP, against Paramjit Singh Bheora accused. PW-68, HC Hakam he Singh was on deposed duty that at on
31.8.1995,
Civil
Secretariat at VIP gate along with other officials, and he proved their duties as such. PW-69, Darshan Singh, who was working as driver accused with the S.P. Security who at was the also relevant time, deposed that he was knowing Lakhwinder Singh, working in Police department and residing
in Village Kansal and he was clean shaven at some that time. used He to also visit deposed him that he Lakhwinder Singh purchased a scooter and person and identify the photographs of Dilawar Singh, Ex.PSSSS, in the main case. PW-70, deposed Dhana on about Ram the the was on duty of at of the and the
Secretariat
date
blast,
deployment
security personnel at the VIP gate. PW-71, also Gurdial deposed Singh, about who the was the line of
officer, Security in the Civil Secretariat deployment security staff. PW-72, Parkash Gobindji Trivedi, who is
running a Hotel at Nagpur since 1979, and has brought the entry, was Register made maintained by by his by the elder CBI them and proved on the record, copy of Ex.PW-72/1 into brother namely Suresh. The said register taken possession Officials vide memo the copy of which is Ex.PW-72/2. He has further deposed that he has seen the Bill Book dated 5.9.1995, the original Kumar which is of which The was said is given in to Sandeep copy name of of Sharma. entry, the
Ex.PW-72/1
Sandeep Kumar Sharma and Tejinder Singh. PW-73, Suresh Goel Trivedi, also deposed proved on the file the entry the copy of which is Ex.PW-72/1 made at Sr. No. 1842
dated stayed
5.9.1995. Kumar in their
He
further and from
stated
that Singh to
Sandeep
Sharma
Tejinder
Hotel
5.9.1995
6.9.1995. PW-74, the Dineshwar of a by which sum of Trimbakrao is Deshmukh on was
deposed that as per the withdrawal form, copy Ex.PW-74/2, Rs.25,000/Singh, 5.9.1995 withdrawn holder from Ex. PW-74/3
Gurinder
Account
his account and he proved on and copy of statement of
the file copy of account opening form as account as Ex. PW-74/1 and he handed over the record to the CBI. PW-75, Tara Singh, who was the Sarpanch of Village accused offender) him. PW-76, Ajay Gupta, owner of the Parbhat Hotel, Agra deposed that he has seen the register of his hotel in the Court as well as the entires dated 6.11.1995, 7.11.1995, 8.11.1995 and 9.11.1995. All these entries were proved by him in that case. He further stated that he also identified one of the person who stayed in their hotel with Rajiv on the basis of photograph, which he has seen in the court in other trial. Dasuwal Mehal and Singh a the co-villager signatures of of (Since proclaimed
identified
Mehal Singh on certain documents shown to
PW-77, Narinder Singh Rana handed over the registration as per the record memo, of the vehicles deposed No. that DBA-9598 and no. DL-3C-E-2104 to the CBI and Ambassador Car no. DBA-9598 was owned by Mrs. Reva Dutta w/o S.K.Dutta of Pachim Bihar, New Delhi. PW-78, Karamjit Singh, has deposed that
co-accused
Gurmeet
Singh,
Lakhwinder
Singh, Dilawar Singh and Balwant Singh are known to him and they used to play with him and identified and all these about accused their persons deposed
antecedents and deposed that for the last time, he met Dilawar Singh on 15.8.1995, when he took liquor with him and under the influence disclosed of that liquor some Dilawar will Singh take incident
place. He further stated that he also met co-accused Gurmit Singh for the last time in the first week of August, 1995. PW-79, Balwant Singh deposed that Balwant Singh co-accused convict is known to him and also he was called and at they Police read Singh, Station, over by which the cohe Sadar, Patiala, where CBI officials were present disclosure accused statement suffered
convict
Balwant
proved in the main case. PW-80, Santokh Singh, who is resident of Guru Nanak Nagar, Patiala and known to the family of deceased Dilawar Singh deposed
that deceased Dilawar Singh was having two other and he brothers also Singh Singh Chamkaur deposed and being that he Dilawar Singh and Harjinder Singh and he knows all of them co-accused accordingly Singh of and his convict, Gurmit Singh was also friend of Dilawar identified Gurmeet locality. PW-81 Charanjit he Singh, was deposed by that on deceased
residents
20.9.1995,
called
Inspector
Ashok Tadyal to CBI office and on the same day, he reported that and CBI officials introduced him to Jagtar Singh Tara (coaccused) and at that time Anil Anand was also Jagtar present. Singh Car He Tara No. further made 9598 a from stated that disclosure S.K.Dutta, Jagtar He
statement with regard to the purchase of Ambassador for a sum of Rs. 32,000/-. The said car was purchased of disclosure at the instance of statement Singh Hawara. He has proved on record copy Ex.PW-81/1. further deposed that at Sahirdaye Jagtar Singh Tara Paschim Vihar,
the co-accused led the CBI party to Delhi Apartments, Delhi and pointed out to the house on the top floor of Shri S.K.Dutta, and Jagtar Singh Tara identified SK Dutta, from whom he has purchased the above said car. He has proved on file photocopy of the memo as Ex.PW81/2. PW-82, Harjit Singh @ Raja, an electrician
by
profession,
deposed
that
he
knows
Jarnail Singh @ Joga, who was running his business of Electric Works and he used to work with them and accused Paramjit Singh is the brother deposed of that Jarnail in the Singh. month He of further
September, 1995, he met accused Paramjit in their factory and Paramjit expressed an apprehension that he may be arrested by the Punjab Police on account of death of Sardar that Beant on Singh. Scooter memo the He the copy further CBI of deposed into is through which 22.9.1995, took
possession production documents. PW-83,
No.0318,
Ex.P-82/1 in his presence along with its
Harkesh
Singh,
NSG
Commando,
who
was working as Ranger-I in the Escort of the deceased Chief Minister, and an eye witness the CM of is the blast, out, deposed he took that up on his 31.8.1995, on receiving the message that going position and at about 5.05 p.m, Shri Beant Singh, CM, Punjab, came into the porch and he was facing towards the CM and when the CM was talking to Dr. Duggal and was going to sit in the Car, he saw one person in police uniform coming towards the CM and thereafter also a blast that took the place resulting who came into the death of CM & other persons. He deposed person, towards the CM was a young person and was not wearing turban or a cap.
PW-84, service
HC
Nahar of
Singh
handed Singh
over to
the the
file
Dilawar
Police vide seizure memo, copy of which is, Ex.PW-84/1. He has further stated that he has seen the order of appointment of Dilwar Singh, SPO and proved the copy of the same as Ex.PW-84/2. He further stated that service of Dilawar Singh, SPO was terminated vide order dated 7.10.1994, the photocopy of which is Ex.PW84/3. PW-85, Anwar Khan, a Receptionist of City Lodge, Calcutta deposed that as per the guest register, and copy of which as per is the Ex.PW-85/1 Ex.PW-85/1A,
entry at page 80, one Santokh Singh son of Arjun Singh along with five other persons stayed in their Guest House, the hotel register was taken into possession by CBI vide copy of seizure memo, Ex.PW-85/2. He further stated that later on from CBI, they came to know th name of the persons as Balwant Singh etc., who stayed in their lodge. PW-86, Manager at the testimony Mumtaz Khan, who was working as the the
of the New City Lodge, Calcutta relevant of time and corroborated reiterated PW-85
facts stated by that witness. PW-87, Himmat Singh @ Bhai Mistri, a
neighbour of Jagjit Singh deposed that he knows Jagjit Singh, who stayed in House No. B-50, Vishavkarma Park, Laxmi Nagar,
Delhi being a neighbour for the last 15-18 years but he stated that he does not know Paramjit Singh and thereafter he was declared hostile. PW-88, Thakur Dass, Manager in Kohinoor
Hotel, Agra deposed that as per the entry in guest register, the copy of which is Ex.PW-88/1, two persons Gaurav Chawla and Surinder Bansal stayed in their Hotel from 19.12.1995 to 22.12.1995 and as per the bill, copy of which is Ex.PW-88/2, they charged room rent. He further deposed that he handed over the record to the CBI and also identified who the photographs in the of the vide person, stayed Hotel,
copies of PW-88/4A. PW-89, Hotel that he
photographs, Ex.PW-88/4 and Ex.
Narain Prabhat
Rakshit, Chikitola, the
Manager Agra,
of
the the
deposed
identified
photograph,
copy of which is Ex.PW-89/1A and put his signatures on the back of the photographs, the copy of the same is Ex.PW-89/1. He further stated that that person had come to their hotel in the month of November, 1995. PW-90, Pardeep Chand deposed that on and
16.01.1996,
the
hand
writing
signatures of co-accused/convict, Balwant Singh in English, Hindi and Punjabi were taken in his presence on the sheets, the copies of which are Ex.PW-90/1 to
Ex.PW-90/23 S-262).
(S-20
to
S-33
and
S-254
to
PW-91, Chanchal Singh, has deposed that he remained posted as Superintendent, Central Jail, might Jammu have temporarily remained in from Jammu February, Jail. He 1993 to December, 1997 and Paramjit Singh further stated that identification parade of Paramjit Singh, accused might have been conducted in Jail. This witness was later on declared hostile by the learned Public Prosecutor. PW-92, per and Badruzzaman, Hotel same who is Manager copy of of
Hotel Classic, Calcutta, deposed that as the the register, taken the into relevant entry of the same is, Ex.PW-92/1 was possession vide seizure memo, the copy of which is, Ex.PW-92/2. He further stated that as per entry Singh, Kirpal, their stated no.2571 Dinesh in dated and two 20.09.1995, Gurjit Kaur from one Gurmeet Singh, in of two the the He 20th him them hotel. Jaswant Hotel that Singh, rooms had
stayed
September, 1995 to 30.9.1995. He further CBI he shown on in photographs photographs, persons who and stayed seeing
identified their
proved the copies of the photographs as Mark.PW-85/A, to MarkPW-85/C and put his signatures on the same. PW-93, Inspector P.K.Dhawan, who remained
associated case the with place
in
the
investigation deposed along
of that with
this on the
the of
CBI,
02.09.1995 the investigating team visited occurrence CFSL team and took into possession all the incriminating articles as per the details mentioned therein, vide seizure memo, copy of which is Ex.PW-93/1. He further deposed that similarly and he of on 3.9.1995, the present A.K.Ohri, he CBI again in DSP the On CBI associated 8.9.1995, assisted the
investigation
case.
assisted
and on that day, CBI had seized pieces of human flesh from the VIP Gate of the Civil Secretariat scene with of and other apart plate places from of from the skull No. crime, human Car
with hair and cloth scattered there along number the PB-08-3469 with tale light and the said articles were taken into possession vide seizure memos, the copy of which are Ex.PW-61/B, and the court. PW-94, bodies SI of Gamdoor deceased Singh Kultar took the to dead the Ex.PW-61/A and he
has also identified all those articles in
Singh
Hospital for the postmortem examination. He also obtained the permission of the SDM for the postmortem of dead body of deceased Beant Singh and the postmortem of two legs and skull recovered from the spot and deposed accordingly. PW-95, Ravi Gambhir, Inspector, CBI, who
was
also
a and
member took
of
the
Investigating the of the
team, deposed that on 16.1.1996 he went to Calcutta Lodge of the into the possession statements Singh from records of Hotel Classic, Hotel New City and recorded concerned witnesses and got the identity accused Balwant Hotel staff and handed over the record to the Chief Investigating Officer. PW-96, Girish Joshi, owner of Hotel Kiran, Agra, deposed two and of that as per Gurdev as the Hotel & register, 22.12.1995 entry, copy persons, Bansal per
Surinder Bansal stayed in their Hotel from 23.12.1995 which is the and Ex.PW-96/1
that of the certificate is Ex.PW-96/2. He further stated that he issued the bill, copy of which is Ex.PW-96/A. PW-97, Gurdeep Singh, SHO P.S Sadar,
Kapurthala proved the History sheet record of Wadhawa Singh and the details of the cases, in which he was involved. PW-98, Officer, S.K.Chadha, Senior Scientific
CFSL, New Delhi was also one of
the member of the team, who examined the scene of crime and being a Finger Print Expert, he took the chance finger prints from the car bearing registration No. DBA-9598, as per the memo, copy of which is, Ex.PW-98/1, along with the photographs and after examining those prints in the laboratory and after comparing the same
with the specimen finger prints of accused Gurmeet Singh, Lakhwinder Singh, Jagtar Singh Hawara and Balwant Singh, as per his reports, copies of which are, Ex. PW-98/5 and Q-4 Ex.PW-98/14, and Q-15 prints found that with two the chance finger prints lifted from the car marked matches of specimen Singh finger co-accused/convicts, and Balwant
Lakhwinder
Singh
respectively and deposed accordingly. PW-99, Nagar, Jagtar Jodh New Singh Singh, Delhi Hawara resident that and of he Uttam knows Singh,
deposed
Paramjit
being the members of Akhand Kirtani Jatha but failed to depose anything further to prove other the links between convicts present and accused was co-accused thus
declared hostile by the prosecution. PW-100, along S.L.Mukhi, with specimen Senior writings Scientific and the
Officer, compared the disputed documents signatures of the co-accused convicts and proved his report in this regard. PW-101, ASI Arun Kumar, was working as a Traffic Police Official and deposed, that on 24.8.1995, he challaned coaccused/convict, Balwant Singh along with his companion, Jagtar Singh Hawara, while travelling on Scooter No. PB-11-1955 as per the challan chit, copy of which is Ex.PW101/1 for not possessing the driving license and co-accused Balwant Singh
signed the challan chit and he took into possession the RC of the Scooter and later on handed over these documents to CBI. He further deposed of that Balwant he identified and the photographs Singh Jagtar
Singh Hawara, and he has also identified both these accused persons in the court at the time of his evidence. PW-102, Sanjay Garg, who was posted as
Metropolitan Magistrate, Tis Hazari Court at Delhi, deposed that on the request of the CBI, he recorded the statement under of witnesses, Chamkaur Singh section
164 Cr.P.C, copy of which is Ex.PW-102/1 as per the procedure required under the law and sent the same to the concerned court. PW-103, Raj Mohan deposed that on
5.9.1995, the police searched the room of accused Lakhwinder Singh in his presence and all the articles recovered from there were taken into possession vide memo, seen by him in the main case. PW-104, Surinder Kumar, who was friend of PW Mohan Pal, deposed that he along with Tari, Maulla & Dilawar visited the Village of PW-111, Mohan Pal, to take some orchard on lease. time He and of also he deposed also also Dilawar that with accused them at the and Lakhwinder that photographs Singh was
identified Singh
Lakhwinder Singh. He further deposed that
after
the
assassination
of
Beant
Singh,
Dalbir Singh @ Maulla and Lakhwinder Singh met him on the 3rd day and all of them consumed liquor Singh in the he room also of accused Lakhwinder and identified
the photographs of Dilawar Singh. PW-105, Anil Kumar, who is a Tailor Master and running a tailor that shop he in Village accused Kansal, deposed knows
Lakhwinder Singh @ Lakha being resident of Village Kansal and being a constable in Punjab Police. He further deposed that accused Lakhwinder Singh came to his shop with a pant and requested him to loose waist of the pant to its maximum in the presence of Maulla and he handed over the pant after doing the needful. PW-106, Kewal Singh is a formal witness, who took into possession the medico legal reports of the injured persons and then handed over the same to the C.B.I. PW-107, Avtar Singh was the owner of the STD booth located in Plot No.981, Phase IV,Mohali and he accordingly deposed that on the first floor of his house there was one room set which was rented out by him to one Satinder Pal Singh @ Simpi, who was also sharing the room with accused Gurmeet Singh as co-tenant. He also deposed that Reema Kahlon was working as STD Operator on his STD booth and he identified the hand writing of Reema Kahlon on the STD
register
and
also
identified
accused
Gurmeet Singh in the court. PW-108, Ranjit Singh, owner of Ranjit Work Shop, Sector 7 Chandigarh deposed that on the request of Surender Sharma in the last week of August, 1995, he allowed Surinder Sharma to use the back yard of his service station to paint a car. PW-109, Officer Singh Parnob of Sain, an Administrative Company the
National a
Insurance
deposed that on 8.9.1995, accused Gurmeet made disclosure statement, copy of which is Ex.PW-109/1 relating to this case and thereafter the search of his room was conducted and the incriminating articles were recovered as per the memo, the copy of whch is Ex.PW-109/2 in his presence and he accordingly identified the accused Gurmeet Singh and his photographs. PW-110, Hem Chand, who was posted as DSP of the security wing of CM Punjab deposed that on 31.8.1995, he was on duty at CM's office and at about 5.05 p.m the CM left his office. an But after and 7-8 minutes, he heard explosion immediately came
down and found the bomb blast took the remedial steps. PW-111, Roop Singh, a Ballistics Expert of CFSL, Chandigarh deposed that on the asking of the C.B.I, he examined the scene of occurrence of the blast on 1.9.1995
till
3.9.1995
and
took
into
possession
number of articles from the spot with the purpose to examine them for the cause of the blast and the modus operandi and after examining those articles in the different Laboratories, blast took he place found with that the this help bomb of
improvised explosive device commonly known as IED, which exploded near the rear left side of the car of the Chief Minister, bearing registration No. PB-08-3469, at height of three feet from the ground and keeping in view the recovery of two legs and and skull, the RDX he has confirmed been that for this the explosion has been caused by a human bomb used explosion. He also examined the RDX recovered
from the possession of accused Nasib Singh and reported that after examination from the Chemical and Instrumental analysis, the presence of RDX based high explosive in the contents has been confirmed and the RDX based high explosive is also detected in all the 27 articles recovered from the spot. He further deposed that on found
11.10.1995, he examined a belt, and
that 2 kg of RDX based high explosive can be filled in the belt. Similarly, he also examined a battery, in Ballistic Division and Physics Division and found that such type of battery could have been used in
causing the explosion on 31.8.1995 and he also confirmed the presence of RDX on the news paper piece, which was recovered from the room of accused Gurmeet Singh, and which was used for the preparation of the RDX filled in the belt used by deceased Dilawar Singh. He proved the copies of his reports as Ex.PW-111/1 to Ex.PW-111/10. PW-112, Madanjit Singh Chhina is stated to be a friend that of he Lakhwinder met Singh and deposed Singh, deceased Dilawar
in the house of Lakhwinder Singh
and later on identified the photo graph of Dilawar Singh. He further deposed that on 31.8.1995, he met Lakhwinder Singh at Shanker Dhaba near Civil secretariat along with Dalbir Singh @ Maulla and thereafter, on 2.9.1995 @ he again met went and to Village took Kansal, where Lakhwinder Singh and Dalbir Singh Singh. PW-113, Ashok Kumar has stated that Maulla him they liquor in the house of accused Lakhwinder
Lachman Dass deceased, who was working in PAP was his maternal cousin brother, who died on 31.8.1995 in bomb blast and on 01.09.1995, he along with Kamal Kishore identify thedead body of Ex.PW113/1. PW-114, Tirlok Nath, a painter working in Rehri market, Sector 7 deposed that in the Lachman Dass and
proved photo9 co9py of inquest report as
month of August, 1995 on the asking of Surinder Sharma, he painted two number plates bearing registration No. DBA-9598 and identify the same in the court also. PW-115, Singh Singh, Dalbir Chhina while Singh and @ Maulla, who was
friend of Madanjit Singh Chhina, co-accused in the identifying the court,
Surinder Lakhwinder accused deposed Dilawar
Lakhwinder Lakhwinder
Singh Singh
that he also knows the friend of accused named Balwant, and Lakhwinder Singh, who was having one Scooter bearing registration No. PCP-2085. He further of deposed Mohan that Pal he visited with the Village along these
accused persons. He further deposed that on 30.8.1995, on the request of Dilawar Singh, he took accused Balwant Singh to the Singh shop was of Surinder painter and on the Scooter of Lakhwinder Singh, where Dilawar already present Balwant Singh took out a pant from the Scooter and handed over the same to Dilawar Singh and he also noticed the Ambassador Car bearing registration No. DBA-9598. He further deposed that on 31.8.1995, accused Balwant Singh again met him at the dhaba at 12.00 noon and he was accompanied by one more person and later on in the evening, he heard the blast and when then returned in the to his shop, he Lakhwinder (Lakhwinder) Singh met him there being perplexed and evening
disclosed that Beant Singh has been killed in bomb blast and he with help of accused Dilawar Singh Singh, Hawara Balwant caused Singh this and Jagtar He blast.
further deposed that on the next date of the blast, he saw the photographs of the car in the news paper and found that it was the same car, which was taken by Balwant Singh & Dilawar Singh. PW-116, Shanker Lal Yadav, who was also running a dhaba near Civil Secretariat near local bus stand deposed that he was knowing accused Lakhwinder Singh being a driver Constable Singh meal in along and Punjab with Maula and Civil and he Secretariat and on 31.8.1995, co-accused Lakhwinder and took Channa came to his dhaba at about 1.00 PM went away identifies accused Lakhwinder Singh in the court in this regard. PW-117, Rajiv Singh was posted as
Reception Officer in the Office of CM and he accordingly deposed regarding the name and identity of the person, who visited Beant Singh on 31.8.1995. PW-118, C. Varinder Rana, who was at duty on 31.8.1995 at the Civil Secretariat at VIP Gate, deposed about the bomb blast and stated that he also suffered injuries in this blast. PW-119, Satwinder Singh @ Satwinder Pal
Singh
Simpy
was
the
person
who
was
residing with co-accused Gurmeet Singh in House No. 981 Phase-IV Mohali, owned by Avtar Singh and he accordingly deposed that he along with accused Gurmeet Singh took this house on rent and thereafter, he becomes friendly with Gurmeet Dilawar this of Singh Singh and and on during a marriage ceremony Gurmeet Singh introduced later on, 28.8.1995, Gurmeet deceased prior some to occurrence Dilawar
friends
co-accused Singh,
Singh
including
Lakhwinder Singh, Balwant Singh and Jagtar Singh Hawara stayed in their room and were found by him doing something on news paper and on 29.8.1995, all of them left the room and later on, he identified photographs of all of these persons and he also identified all these accused persons in the court. PW-120, Gurbax Singh was the brother of the deceased Dhanwant Singh and he deposed about the identification of the dead body of his brother and during also the inquest that his proceedings deposed
brother died because of the bomb blast at the Civil Secretariat. PW-121, Amar Singh, son of Mukand Singh was the earlier owner of the Scooter and in and bearing from July, registration Singh, to one he PB-11-1955 sold the same
deposed that after purchasing the scooter Major 1995 Kamalpreet Walia
handed over the registration book and one affidavit and two form for transfer of the same, the copies of which are Ex.PW121/A to Ex.PW121/E. PW-122, Deep Inder Mehta is a friend of co-accused Singh from since one Lakhwinder 1987-88 Singh, and Balwant that the is, was and over Singh, Gurmeet Singh and deceased Dilawar deposed with which on, and he it father handed Scooter No. PCP-2085 was purchased by him Harjit the But his Singh copy later mother on, along of affidavit, Ex.PW-122/1. the was name of
purchased by accused Lakhwinder Singh in receipt, the copy of which is, Ex.PW-122/2 prepared. Later these documents to the C.B.I. He further deposed that in the month of August, 1995 on the request of Dilawar Singh, he took him to Kamalpreet Walia and Dilawar Singh agreed to purchase Scooter from Kamalpreet Walia bearing No. PB-11-1955, and after purchasing the same, he along with Dilawar Singh handed over the Scooter to co-accused Balwant Singh. PW-123, Scooters bearing Kamalpreet and Walia, who purchase deposed PB-11-1955 was of that Model, was
working as an agent for sale vehicles, No.
Scooter make Bajaj Chetak of 1990 registration
purchased by him from Amar Singh in the month of July, 1995 and after the same, he sold the same to repairing deceased
Dilawar
Singh,
who
was
known
to
him
through co-accused Lakhwinder Singh, on 16 or 17.8.1995 and he also handed over the registration certificate the name of the person the permission is to and asked in whose for name it
be issued but
was never taken. He further deposed that he also handed over the original affidavit of Amar Singh, the copy of which is, Ex.PW-123/1, to the C.B.I along with form No. 29 and form No.30 photo copies of He which are Ex.PW-123/2 to Ex.PW-123/4.
also identified the photo graph of Dilawar Singh and put his signatures at point-A.
PW-124, Harjit Singh also deposed that he purchased the Bajaj Chetak Scooter bearing registration No. PCP-2085 in the year 1992 and then sold it to Deepinder @ Vipan son of Chaman Lal with the help of PW, Manjit Singh and handed over the scooter and documents to him along with the affidavits and he also identified the scooter in the court. PW-125, Gurnam Dass Achint, who was
working as Personal Assistant to AGM of Central Bank of India, Chandigarh, was a witness in whose presence House No. 1223, Mohalla Gurunanak Nagar, Patiala, where that deceased Dilawar Singh was residing, was searched and he accordingly deposed all the articles recovered from the room were taken into possession as per memo,
the copy of which is PW-126, Raju Tamir
Ex.PW125/A. Haran, grand son of
deceased Bhushan Sirhindi has deposed that his maternal grand father Bhushan Sirhindi was a Journalist and accused Balwant Singh was working as gunman with him and he used to reside with his grand father and he identified and recognized accused Balwant Singh. He also deposed that accused Balwant Singh had purchased a Green colour Bajaj Chetak Scooter, and he used to come to their residence deposed on this he Scooter. also He further that knows
deceased Dilawar Singh, who was friend of Balwant Singh and he used to visit Balwant Singh at their residence and office and he has this prior also identified was the photographs 2-3 of Dilawar Singh. One more fact disclosed by witness to the that about in months he incident question,
attended a call for Balwant Singh and the person who was calling identified himself as uncle of Balwant Singh and asked him to convey the message to Balwant Singh that he should meet him at Gurudwara Shish Ganj, Delhi and he accordingly passed on the massage. He also identified the hand writing of Balwant Singh, on the copy, Ex.PW126/1, the hand writing in the diary, the photo copy of which is, Ex.PW-126/2 and also identified the his signatures of which the are letters, copies
collectively, Ex.PW126/3.
PW-127,
C.M
Patel,
Serological
expert
examined the incriminating articles sent to the CFSL and gave his report, the copy of which is, Ex.PW-127/1 in this regard. PW-128, Dr. M.A.Ali, Principal Scientific Officer, CFSL, New Delhi has examined the questioned documents recovered during the investigations admitted and of the case hand with writing the and specimen
signatures of the various accused persons and gave his opinion and proved the same in the court as per his report, the copies of which are PW-129, 19.9.1995, Ex.PW-128/1 to Ex.PW-128/17. deposed Jagtar that Singh on Tara
P.C.Thakur co-accused
gave specimen hand writing and signatures in his presence. PW-130, Upkar Singh also deposed about the blast, which he heard while sitting in the office of the DIG Crime. PW-131, Constable Surinder Kumar deposed that he took the dead body of Dhanwant Singh for postmortem and after doing the needful, he handed over the documents to SI Om Parkash and proved his signatures at point A on the copy of document as, Ex.PW-15/8. PW-132, Goldi Gupta deposed that in the year 1996, the visitors guest register of the guest house was taken into possession
by the CBI as per memo, the copy of which is Ex.PW-132/1 and he also identified the register, Ex.PW-132/2. PW-133, K.N.Prabhakar, who was Personal Samachar deposed DDD/1 Assistant Group that of on to News the Paper, he working as Editor Hind Jalandhar received Khalsa the and the copy of which is
31.8.1995, EEE from
fax messages, the copy of which is mark and mark of Babbar to Singh International assassination in relation Beant
Sardar
similarly on 7.9.1995 they again received fax message, the copy of which is mark FFF/1 for the same reason, which he later on handed over to C.B.I and also proved the copy of memo as, Ex.PW-133/A. PW-134, Avinder Vir Singh proved the
copies of the FIR No.12 dated 2.2.1991 and FIR No.39 dated 26.3.1991, Ex.PW134/1 and Ex. PW134/2. PW-135, Mukhtiar SI Sukhdev Singh was associated Balbir
during the inquest proceedings of deceased Singh, Rajinder Parsad, Singh and proved those proceedings. PW-136, Sat Pal Singh, was also associated with DSP of the CBI in the investigations and he accordingly deposed about the part played by him in the investigations. PW-137, R.S.Verma, Director, Central
Forensic Science Lab, Chandigarh, who is a expert of explosive the of deposed that on from in and some RDX. the 8.9.1995, he was called by the C.B.I for collecting the room house by explosive Phase-IV he be substance Mohali recovered of the in accused Gurmeet Singh,
no.981,
accordingly as per the identity disclosed Gurmeet the Singh, to for particles from the room and examined and found in a same part Thereafter, he converted those particles sample examination Laboratory and as per his report, the copy of which is, Ex.PW137/A, he found that all the articles recovered from the room, were having the traces of RDX. PW-138, bodies Singh, SI of Harbhajan Yash Pal Singh Bali, prepared ASI the
inquest proceedings relating to the dead Jagjit Dass, Chamkaur Singh, Lachman
Rajinder Parsad and also deposed about the postmortem of these dead bodies. PW-139, Officer, S.S.Basoya, is Finger Junior Print Scientific and he
Expert
deposed that on 7.10.1995 and 12.10.1995, he took the finger prints of co-accused Lakhwinder Singh on the sheets, the copies of which are Ex.PW139/1 to Ex.PW139/14 and he also identified the photographs of coaccused Lakhwinder Singh. PW-140, inquest SI Ved Parkash conducted to the dead
proceedings
relating
bodies
of
deceased
Lachman
Singh,
Rajinder Parsad, Chamkaur Singh, Tota Ram, Hardial Singh, Ajaib Singh, Jagdish, Beant Singh, Kultar Singh and Balbir Singh and he accordingly He deposed also about these the proceedings. various deposed articles about
incriminating
recovered
from the spot. PW-141, Hira Singh, has deposed that he knows accused Paramjit Singh who used to learn Engineering works along with him at Pal Engineering Works, Delhi. He used to live with his brother Jarnail Singh. In the year 1995, accused along with one Raja met him near the Jeel chowk, Bus stop by chance and on his asking Raja told him that he is doing electrical works in the factory of the brother of the accused. After that accused Paramjit never met him. This witness did not support the case of the prosecution further and was declared hostile. PW-142, injured Dr. Manmohan Singh in Gill had
brought the original files of all the 10 persons admitted General Hospital Sector 16 Chandigarh and proved the copies of record. PW-143, HC Baljit Singh was the driver of one that of on the C.M cars and of he the convoy reaching of the deceased accordingly deposed civil
31.8.1995
after
secretariat, he along with other drivers
of the remaining two cars parked in the porch and at about 5.10 p.m when C.M came down and sat in one of the cars, which was being driven by C.Jagdish, a bomb blast took place as a result of which the driver Jagdish Singh and deceased Beant Singh died at the spot along with other persons. PW-144, Amrik Singh, who was a taxi driver on taxi bearing that on registration when DAJ-431 he was deposed 28.8.1995,
present at the Janta Taxi Stand, Patiala, two persons took his taxi for Mohali and they loaded two bags and on the way, they delivered the bags to a person standing near the Gurudwara near Bus Stand, Mohali and then left his Taxi. He further deposed that later on he identified the copies of photographs of those persons as mark 95/C and mark 95/C and signed the same. PW-145, Kirat Mohinder Singh is the owner of Cycle Stand and he also corroborated the version of PW Prem Singh as discussed above. PW-146, Kirpal Singh, who was working as Account Engineer person Jagtar copy of Officer in in the of Office Telecom, since Ex.PW146/1 of Chief the Department whose Singh which was
presence,
co-accused proclaimed and he
Tara, is
offender, suffered a disclosure statement, signed the same as an attesting witness and deposed accordingly.
PW-147,
Manjit from
Singh, period
Pharmacist 16.8.1995
had to
brought the OPD register of G.H Sector 16 Chandigarh, 10.10.1995 and proved the same. PW-148, Resident Surgery, of bomb Dr. of A.S.Rathee, the being of Senior Plastic and this
Department
P.G.I treated one of the injured blast, proved D.K.Tripathy the record in
accordingly regard. PW-149,
Rajinder
Kumar,
was Delhi
then and he
Metopolitan
Magistrate,New
deposed that on 6.1.96 on the request of the prosecution he recorded the statements of witnesses Tejinder Pal Singh, Gurpreet Singh and Gurinder Singh which are Ex.PW149/6 Ex.PW149/15, respectively. PW-150, witness Dr.J.L.Chaudhary who after regarding is blast a formal the deputed the copies of Ex.PW149/9 and
receiving
information examination. PW-151,
various Doctors for treatment & postmortem
C.Kartar
Singh,
No.2715
has
deposed that he was posted as Constable in Police Control Room and was on duty on 31.8.1995 on G.O. Net from 12.45 pm till 7.45 p.m. Similarly on 1.9.1995 he was on duty from 7:52 hours to 12:45 hours and 19:45 pm to 7.45 a.m on 2.9.1995. He has
further proved the entry, copy of which is Ex.PW151/2 from page no.306 to 316 in the log book. PW-152, Salamat Masih, who was on duty at the residence of then CM Punjab and his duty was to carry out the anti sabotage check in the CM's residence lawns and vehicles and deposed that on 31.8.1995 he carried out the anti sabotage check of the residence and its surroundings as well as the vehicles forming part of CM's convoy and cleared the same. He further deposed that after the blast he reached at the spot. But he was not allowed to go near to the vehicles. PW-153, C.Iqbal Singh was working as a
driver on one of the three Cars of the deceased CM. Accordingly he deposed that on 31.8.1995 he was on duty as Driver on Car bearing registration No. PB-27-6514 and in the evening when they parked the cars in VIP porch in the Civil Secretariat as the CM Beant Singh is to go to his house and at took about place 5.00 PM when Beant the Singh came down and tried to sit a bomb explosion resulting into death of the CM and other persons. PW-154, HC Sukhbir Singh has brought the service record of deceased Dilawar Singh and proved the and appointment copies of Ex.PW154/2 letter which and of are Dilawar Singh,
Ex.PW154/1
further
deposed
that
deceased
Dilawar as
Singh per
was the
dismissed from services vide order dated 7.10.1994 w.e.f 18.9.1994, order copy of which is Ex.PW154/3 PW-155, working the Gurdeep as Singh, of who the the CM was also
Incharge Singh and
Security of
deposed about the security arrangement of Beant formation cavalcade and further deposed that after receiving the information of explosion he rushed at the spot and found that deceased Beant Singh died because of explosion along with other persons. PW-156, Chamkaur Singh, who is brother of deceased Dilawar Singh, is one of the most material witnesses of the prosecution and deposed that on 30.8.95 he met his brother Dilawar Singh for the last time along with Balwant Singh as they stayed in his house for the night and on the next morning they left his house car in the No. blast white colour and took to is ambassador involved Minister know that bearing bomb DBA-9598 which and
later on he came to know that this car is in and his the place in Civil Secretariat killing Chief other persons came Singh brother Dilawar
involved in this assassination along with accused Balwant Singh and he accordingly identify the photo graph of accused Balwant Singh, Gurmeet Singh, Lakhwinder Singh and his brother Dilawar Singh and also identified them in the court and
further deposed on 5.9.1995 he identifies two legs and a skull to be of his brother and the thereafter skull was on their handed their blood over samples to them and were for he also taken and ultimately the two legs and cremation detail. PW-157, Tarlochan Singh, is an electrician and also deals in the business of sale & purchase of Scooters, which he operates from his residence. This witness deposed that accused Paramjit Singh had given him Scooter bearing registration No. DL-5SF-0318 for sale and its papers were taken into possession by CBI vide memo, copy of which is Ex.PW-157/1, which bears his signatures as well as of Harjit Singh, his cousin at point B. This witness has also handed over the insurance cover note Mark XX and Harjit Singh had put his signatures at point A and he also handed over the sale letters, which bears the signature of one Jagtar Singh, copies of which are mark AA/1 to AA/4, delivery receipt, copy of which is mark AA/5, which also bears the signatures of Harjit Singh at point A. This witness has also proved the Scooter, Ex.P157/Article-1, which was handed over to him by accused Paramjit Singh, out side the court premises. PW-158, Sq. Commdr. P.K.Joshi, was the application
accordingly deposed all the above facts in
incharge of Task Force Command Chandigarh
of
the
National
Security
Guards
which
provides mobile security to Bhajan and he incharge Lal, of then chief
Beant Singh, Haryana National
then then Chief Minister Punjab and Shri Minister in deposed that on 31.8.1995 he was Task Force
Security Guard and he further proved that on behalf of Task Force and on receiving information regarding bomb blast in Civil Secretariat he reached at the spot and found that Beant Singh then Chief Minister was lying dead there along with some other casualties and there was extensive damage to the building of Secretariat and he accordingly directed his force to cordon the area and removed the dead bodies to the Hospital During and the remain present at and the all spot. investigations
the arms and ammunitions of the security agency lying at the spot and also reported the list of missing arms and ammunitions. He also deposed that he received the dead bodies of his force and sent the same to the towns of the deceased persons vide which bears his signature Commander. of He of receipt. He has also proved the postmortem report of Kultar Singh also bears the Team signatures at point A and at point B and R.K.Bhatacharji,
further proved the postmortem report
Rajinder Parsad which bears his as well as the signatures of Bhatacharji at point A and B and he also proved the postmortem report of Dalbir Singh and same bears his as well as signatures of R.K.Bhatacharji
at
points
&
B.
The
copies
of
these
documents are Ex.PW158/1 to Ex.PW158/4. PW-159, deposed civil Chander that on Mohan Bakshi, he who left was the the
working as SP in the CM Security Punjab, 31.8.1995, after secretariat instructing
staff about the further programme of Chief Minister but on the way he heard a loud explosion and immediately rushed back to the spot and found that a bomb blast had taken place in Civil Secretariat near the car of Chief Minister as a result of which Chief other Minister persons Beant were Singh lying along dead and of with he the
accordingly proceedings.
started
evacuation
injured and remained present during those
PW-160, Reema Kahlon was working as S.T.D Operator in a booth set up in the ground flor of house no.981 Phase-IV, SAS Nagar Mohali STD, under and she Avtar Singh, owner of the that accordingly deposed
first floor of the house was occupied by accused Gurmeet Singh and one S.P.Singh, who are the tenants of the owner of the STD, Avtar Singh and about 2-3 days prior to 31.8.1995, 2-3 young man had visited the room of the Gurmeet Singh and of she those disclosed this fact to the C.B.I and also identified photographs persons which includes the photograph of deceased Dilawar Singh, copy of which is mark Ex.PW160/1.
PW-161,
Raghubir
Singh,
who
was
the
Sarpanch of Village Jhingra Kalan and in whose presence the disclosure statement of accused Nasib Singh was recorded and the recovery accused of RDX was made, is the deposed that of Nasib Singh resident
Village Jhingra Kalan and on 18.9.1995, he was called by the CBI authorities in the house Police of Nasib Singh where RDX was recovered and taken into possession by the but he failed to support the story of the prosecution in total but admitted that disclosure statement of accused Nasib Singh Excopy of which is PW161/1, seizure memo of the RDX copy of which is Ex.PW161/2, the paper chit containing the sample seal, copy of which is Ex.PW161/3 bears his signatures examination sealed article signed in he his He and during his cross that in RDX the was katta he the admitted presence also documents
weighed and found to be 13kg.-700gms. and P-98. these admitted that
accepting
version of the Police mentioned therein as correct voluntarily without any coercion or made force, any being the sarpanch to any of the Village. He also admitted that he never complaint police authorities Singh. PW-162, Gurdev Chand, Custom Inspector was the witness in whose presence the house regarding no recovery of any
RDX from the possession of accused Nasib
where accused Balwant Singh was residing was searched and articles were recovered as per memo, copy of which is Ex.PW162/1 and he deposed accordingly on this aspect. PW-163, first Inspector Investigating Police, Nanha who Ram was of the the the
Officer
Chandigarh
conducted
investigations till the time it was taken over by the CBI. Accordingly, he deposed that on 31.8.1995, after receiving information of bomb blast, he immediately reached at the spot and inspected the place of occurrence and immediately took all the remedial steps along with other police persons for sending the injured and dead bodies to the Hospitals and cordoned off the area of the bomb blast and As per conducted this area a detailed during Haryana No. fully the he and inspection. in the witness, towards
the inspection, he found an Ambassador Car parking Secretariat painted said car a having as registration paint was not
DBA-9598 and he found that the car was afresh might of person dried. Accordingly, he suspected that the have crime to been and guard used as the in car commission deputed such,
found that all the three cars of the CM were badly damaged along with other police vehicles. Police photographer as well as Dr. Mishra of FSL Punjab also reached at the spot and they also inspected the spot
and took the photographs, copies of which are Ex.PW163/3 to Ex.PW163/72, showing as details of the place of occurrence and scene of crime. After conducting the proceedings at the spot, he reached at P.G.I, Chandigarh and recorded the statement of C.Pala Ram, copy of which is Ex.PW173/73, who deposed as and to how the bomb the from registered and the he RC, blast search the in took of place. No. Thereafter, he again reached at the spot conducted and was car DBA-9598 the into Note Car registration the name of
certificate mark WW, he came to know that Mrs.Reva and Dutta slip accordingly Insurance writings took Cover in
possession
containing
Punjabi vide separate seizure memo, copy of which is Ex.PW163/74 and the car was also taken separately vide seizure memo, copy of which is Ex.PW163/75 along with the bunch of keys. He also proved the inquest proceedings of all the dead bodies and deposed that during the investigation, he found two sheared legs, one of which was near the car of CM, Punjab and a skull without torso, which was later on identified to be of deceased Dilawar Singh and all the dead bodies were sent to the Hospitals for postmortem examination and in the meanwhile, formal FIR was registered. He also prepared the inquest
report of the dead body of deceased Beant Singh and two he legs and a a skull and rough thereafter prepared detailed
site plan of the place of occurrence, copy of which is Ex.PW163/88. He also proved that skull copies the were of photographs also which taken are of by two the legs and to Expert,
Ex.PW163/89
Ex.PW163/112. He also deposed that he took into possession the various articles lying at the spot as mentioned in the seizure memo, copies of which are Ex.PW163/13 and Ex.PW163/14. available VIP Car, He further deposed that on the same day, he also recovered all the incriminating clothes and articles other like burn metallic pieces, some debris numbering of the articles
in 27 and those were taken into
possession as per memo, copy of which is Ex.PW163/15 and he also identified those articles about in the the court. He also and deposed inquest postmortem
proceedings of the dead
and examination
and injury record of the injured. He further deposed that on
1.9.1995, investigation of this case was handed over to the CBI and as such, he handed over all the case diary documents prepared by him to Shri S.K.Saxena, DSP, CBI and the case property recovered from the spot, was deposited in the malkhana of the Police Station. He further deposed that after
transfer of the investigation to the CBI he remained associated in the investigations of the case along with the CBI as per their direction. PW-164, deposed Balbir that and the Singh on Singh, then Special co-accused himself law, he is,
Judicial Magistrate, CBI, Punjab, Patiala 22.9.1995 Jagtar Singh @ Tara (since PO) suffered a confession about Jagtar the recorded after satisfying of the of of requirements Tara,
confession copy
co-accused which
Ex.PW-164/4. PW-165, Dr.Vijay Kumar, who was also
attached with Chief Minister as a Medical Officer, deposed about the identification of the dead body of Dr.Duggal. PW-166, Harbinder Singh, who is relative of Manjinder that Singh, he residing over in U.K, deposed handed letters
written by Manjinder Singh to him, to the C.B.I, copies of which are Ex.PW166/1 to Ex.PW166/3 and also identified the photographs of Manjinder Singh. PW-167, Dalbir Singh, who was working as Sewadar in the Gurdwara, Sheesh-Ganj also proved file, the entry made which in was the visitors to and register regarding room No.37, in the main Ex.PW-124/A Singh, allotted Singh Manjinder Paramjit
Ujjagar Singh on 19.06.1995.
PW-168,
Jasbir
Singh,
Supervisor
of
the
Gurdwara Sheesh Ganj, Delhi, deposed that he was working as a Clerk and he proved the entry made by the visitors the in stay the of register maintained for
devotees in the Gurdwara and proved the record of the same. PW-169 Karnail Singh, has identified the dead body of Ajaib Singh and during the inquest proceedings deposed
accordingly. PW-170, Tejinder Pal Singh, who was friend of co-accused Balwant Singh has also deposed as per the facts disclosed by PW, Gurpreet Singh also deposed that he was knowing Balwant Singh & Dilawar Singh, as they were residing in the same street and were his childhood the Singh facts and friends. disclosed proved the He by also PW, extra reiterated Gurpreet
judicial confession of co-accused Balwant Singh in detail and how and where Balwant Singh was kept by him at Nagpur and other places. PW-171, deposed Gurmeet that Singh, on a Dhaba owner,
31.8.1995
co-accused young man accordingly of those co-accused
Gurmeet Singh along with one asked for the the also lunch and he
visited his dhaba in the after noon and identified persons and photographs identified
Gurmeet Singh in the court. PW-172, Gurbachan Singh, who was posted as Constable at Chandigarh deposed that he was known to co-accused Lakhwinder Singh. PW-173, Puran Chand was the tenant in a shed in the ground floor of plot no.981 Phase-IV, Mohali owned by Avtar Singh and he deposed that on the first floor of the above building, above the STD booth, coaccused Gurmeet Singh along with one SP Singh, was residing and he further deposed that on 28.8.1995, when he went into the room of co-accused Gurmeet Singh to get some medicine for toothache, he found that five persons were sitting in that room including Gurmeet Singh and when Gurmeet Singh stated that he has no medicine, he came down. He further deposed that even on 31.8.1995, he saw one of the those four persons in the room of Gurmeet Singh and two boys had also came in a Car and then went away and one of them was wearing police uniform and later on, on 6.9.1995 he identified the photographs, Mark FFFF, Mark YY3, Mark GGGG, and Mark HHHH of those persons. He accordingly identifies photographs and disclosed that later on, he came to know that the person shown in photo graph is Jagtar Singh Hawara. He further deposed that on 8.9.1995, when
co-accused Gurmeet Singh was arrested, he suffered disclosure statement, the copy of which is Ex.PW-173/5 in his presence and
as per that statement co-accused Gurmeet Singh took the CBI Police party to House No. 981, Phase-IV Mohali and a search of house was conducted and some articles were collected from the house and were taken into possession as per the accused Hawara Balwant as the Singh and memo, copy of Jagtar who had Singh been which is, Ex.173/6. He also identified copersons,
visiting co-accused Gurmeet Singh between 26.8.1995 to 31.8.1995. PW-174, D.P.Singh, who was one of the
Investigating Officers of this case from 4.9.1995 to 7.9.1995, accordingly deposed about the investigation carried out by him during these period. PW-175, A.K.Ohri, SP, CBI who was member of the Investigating team deposed that on 1.9.1995, he started investigations of this case by recording the statement of the injured persons and on 3.9.1995, he took into possession the incriminating material in the presence of CFSL team as per the seizure memo, copy of which is, Ex.PW175/1 to the and as per the details He he and mentioned therein and handed over the same Chief Investigating that Singh on at Officer. 5.9.1995, Patiala further accused deposed Gurmeet
conducted the search of the house of corecovered the Album containing photographs of Gurmeet Singh and Dilawar Singh as per memo, copy of which is Ex.PW-175/3 and
identified those photographs. He further deposed that after that, he conducted the search of house of accused Dilawar Singh in the same locality and all the articles mentioned in the report, were taken into possession. Thereafter on 12.9.1995 he went to the Village of Foster father of co-accused Balwant Singh, namely, Jaswant Singh of and conducted is the search and of his into house in his presence which as per memo, copy took
Ex.PW175/6
possession all the articles and mentioned therein and recorded the statement of the witnesses and handed over the same to the Chief Investigating Officer. PW-176, Kamaljit Singh identified the dead body of MLA, Baldev Singh, who was known to him, who died in Bomb blast and deposed accordingly. PW-177, the Inspector Vijay Kumar, deposed Sharma this his who that made case was on a and was
also member of the Investigating Team of Chandigarh PW, Police Surinder to 4.9.1995, statement thereafter Singh was recorded
relating another called and both
witness these
Balwinder statement witnesses
and
identified car No. DBA-9598, and disclosed that it is the same car which was painted by Surinder Sharma at the instance of coaccused deposed Lakhwinder that on Singh. He he further went to 5.9.1995,
Village Kansal to locate Lakhwinder Singh
and
accordingly
on
the
identity was
of
PW,
Surinder Sharma and Balwinder Singh, coaccused memo Lakhwinder was prepared Singh and arrested into along with scooter No. PCP-2085 and search taken possession as per the seizure memo, copy of which is Ex.PW177/1 and the Scooter was also taken into possession vide separate seizure witnesses. the was parking found memo, copy of that, in and the which is, Ex.PW-177/2 in the presence of both the After area co-accused Sector was 22-C, Lakhwinder Singh took the police party to Chandigarh, where co-accused Balwant Singh standing and all accordingly arrested incriminating
articles were taken into possession vide seizure memo, copy of which is Ex.PW-177/4 in the presence Sharma the of and both of the the witnesses Singh and accused Surinder Balwinder
thereafter
custody
persons was handed over to the CBI team. He further deposed that on 5.9.1995, the room of co-accused Lakhwinder Singh was searched in the presence of PW C.Gurbachan Singh by P.C.Sharma, CBI Inspector and 14 incriminating articles lying therein were taken into possession as per memo, Ex.PW177/6. PW-178, Surinder Pal, who was also member of per the investigating witness, on team deposed about had the investigation carried out by him. As this 1.9.1995, he taken S.K. Chadha, Finger Print Expert of
CFSL,
New
Delhi where the
and Car
Gautam bearing and
Rai, No. after and is
Photographer to the Police Station North, Chandigarh taking taking DBA-9598 was examined by the Experts for chance the finger memo, prints of requisite copy prints which
photographs,
Ex.PW78/A was prepared, which was signed by the witnesses. He further deposed that Sh.S.K. prints Chadha and has taken 35 questioned as per his photographs and
direction, rear view mirror of the car was also taken into possession for examination in Car the and Laboratory thereafter along he with further the incriminating articles, recovered from the recorded statement of the witnesses associated in the investigation, as per the direction of the Chief Investigating Officer. He further deposed that on 6.9.1995, both co-accused Lakhwinder Singh and Gurmeet Singh were produced in the court and their police remand was obtained and thereafter he also deposed about the detailed investigation carried out by him, which will be discussed at the appropriate time. PW-179, about Dr. R.S.Dhanker, of him the and who was also
member of the investigating team, deposed the details by investigations it will be carried out
discussed at the appropriate time.
PW-180,
Randhir Singh Punia, who was the
first Chief Investigating Officer from the side of CBI and investigated the case upto 7.9.1995, deposed about the details of the investigations carried out by him, which will be discussed later on at the appropriate time. PW-181, associated accused S.V.Singh in the deposed investigation Hawara that and on co-
22.1.1996, on the asking of CBI, he was Jagtar and Singh suffered and suffered which in took and coa is, the the
disclosure statements, copies of which are Ex.PW-181/1 accused disclosure Ex.PW181/3 co-accused Ex.PW-181/2, Singh also copy of Balwant in
statement, his
presence Singh
presence of one Than Singh and thereafter Jagtar Hawara police party to Daryaganj and identified Surya Guest house vide memo, copy of which is, Ex.PW-181/4 in his presence. He also deposed that thereafter accused Balwant Singh also identified the same place vide memo, copy of which is Ex.PW181/5 and then co-accused police Jagtar to Singh PCO Hawara took at the party located Bhagat
Singh market and identified the same as per memo, copy of which is Ex.PW181/6 and all these documents were signed by the accused persons and the witnesses in his presence. PW-182, Paramjit Singh, has deposed that on 11.11.1995, he was posted as
Metropolitan Magistrate, Tiz Hazari, Delhi and on that date, RS Dhankar, DSP, CBI moved an application dated 15.11.1995, the copy of which is Ex.PW182/1 and thereafter, he recorded the statement of PW Sapinder Singh under Section 164 Cr.P.C and proved its copy as Ex. PW182/4. PW-183, C. Sukhwinder Pal Singh, who was on was duty in the at security that the on of the of Chief he Beant Minister, deposed 31.8.1995,
present
residence
Singh being a spare driver and at about 5.10 p.m., he received a wireless message about died also the along who bomb with was blast some other and reached He Secretariat and found that Beant Singh had persons. as deposed that co-accused working Lakhwinder Constable
Singh,
driver, was known to him and he was clean shaven in those days. He also identified the photograph of deceased Dilawar Singh and him. PW-184, A.P.Singh, who was also member of the investigating team, deposed about the details of the investigation carried out by him, which will be discussed at the appropriate time. PW-185, Mewa Singh, who was running a tea shop near the MT Section of Civil Secretariat, deposed that he was knowing deposed that co-accused Lakhwinder Singh once introduced Dilawar Singh with
co-accused Lakhwinder Singh @ Lakha being a driver of MT Section. He further deposed that co-accused in Lakhwinder Singh was in He @ residing having further Maulla rented bearing that accommodation No. he PCP-2085. met on Dalbir Singh
village Kansal near Shiv Temple and he was scooter deposed and Singh
deceased
Dilawar and
with
Lakhwinder
30.8.1995,
Lakhwinder Singh along with Dilawar Singh and two other persons visited his shop and he accordingly identified photographs of Dilawar also Singh, and signed the However, the this same. He of identified Singh. photograph
Lakhwinder
witness
could not identify co-accused Lakhwinder Singh saying that he was clean shaven at that time. He also deposed that even on 31.8.1995, co-accused Lakhwinder Singh, visited his shop along with some person whose photograph is Ex.PW185/2. PW-186, Tilak Raj Mehra, a document
expert of the CFSL, New Delhi compared the questioned and standard writing attributed to co-accused Balwant Lakhwinder Singh, Singh, Gurmeet Tara Singh, Jagtar Singh
and Navjot Singh and concluded that all the questioned writing and signatures were all of these accused persons on all the questioned documents and he deposed about his conclusion in all the cases as per his reports, to copies of which are Ex.PW186/75 and justified his Ex.PW-186/91
conclusion in this regard.
PW-187, Ghaziabad, accused
Anil Jagtar house
Bhatia, that of Ram he Singh
resident spotted in and Hawara Singh
of cohis cohim, and Nand is into and
deposed
neighboring two
accused Jagtar Singh Hawara also suffered disclosure of party by as statements are before copies police which to Ex.PW187/1 No. A-341-A of which taken Singh
Ex.PW187/2 on 23.1.1996 and he took the House Gram Ghaziabad and got recovered the map prepared possession thereafter him, and per copy memo, Jagtar Ex.PW187/3, same was
Ex.PW187/4
accused
Hawara
took them to the STD Booths located at Meerut road and identified the same in his presence. PW-188, Bhupinder Singh, again resident of Ghaziabad deposed that he identifies the photographs of Ram Singh @ Kuldip, who had purchased a house bearing No. 341-A at his instance. He further deposed that coaccused Jagtar Singh Hawara used to visit the house of Ram Singh and he identified his photographer, and copy accused and of which is two his a Ex.PW188/1 are map suffered in
disclosure statements, the copies of which Ex.PW187/1 and from the and vide Ex.PW187/2 got of was Ram taken presence thereafter house same memo, recovered
Singh, into and
Ex.PW187/3 possession
Ex.PW187/4
thereafter co-accused Jagtar Singh Hawara
also identified the STD booths at Meerut road. PW-189, Rajesh Kumar, Inspector, CBI, who was also member that on of investigating team deposed 11.12.1995, co-accused
Shamsher Singh was arrested at Patiala in his presence. He further deposed that on 3.1.1996, he went to Nagpur and took into possession record of the Hotel President, Nagpur the as per memo, copy of he which went and is to Ex.PW189/1 and recorded the statement of Hotel staff. Thereafter Rajesh Telecom Centre, Nagpur took
into possession the computerized statement of calls and the call register, vide memo, copy of which is Ex.PW189/3 and recorded the statement of the witnesses. He further deposed the signed that the he Watchman of same took Radhey Balwant and into identified Singh and on the photographs
thereafter possession
5.1.1996,
records of Hotel Anand Mehal and also took into possession the record of the Anand Telephone Centre, Nagpur and recorded the statement of all these witnesses. PW-190, A.G.L.Kaul, who was also member of the investigating team deposed about the investigations carried out by him. As per this witness, on 18.01.1996, he visited Agra and took into possession the record of the Hotel Deepika, Hotel Prabhat and recorded the statements of the Hotel Staff and the Hotel Staff identified the
photographs persons, including Singh, his who
of
some stayed
of in
the their He
accused Hotel further and
Balwant
Singh.
deposed that after the arrest of Balwant specimen handwriting signatures were taken in his presence on the sheets, copies of which are Ex.PW190/8 to Ex.PW190/30 and on 22.1.1996, further specimen hand writing of the accused was obtained on sheets, copies of which are Ex.PW190/31 deposed including to Ex.PW190/49. the carried out He further of of the the about the details recovery
investigations
thereafter
identification of various places made by co-accused Balwant Singh from where he got the uniform and belt stitched, from where he purchased the 9 volt battery and switch and from where he purchased the balls which were used as a missiles bomb. He Daryaganj further and took deposed into that on the in the belt
28.01.1996, he went to Surya Guest House, possession records from the Hotel staff and recorded their statements. On 30.1.1996, similarly, he took into possession the records from a Hotel the of Ambala City and recorded the statement of Hotel Staff and deposed about investigations carried out by him in details. PW-191, Balwinder Singh has deposed that in the year 1994, he was working as
scooter mechanic in Phase IV Mohali in a small shop on back side of Kothi No.381 Phase IV and on 31.8.1995, at about 9:30/10:00 AM an ambassador car came to his shop for mending the puncture of its tyre, which he mended and the same was fitted in the car. The car was brought by two persons, one was kesh dhari and other one was clean shaven young man. After about 1015 days of 3181995 some CBI officials came to his shop and taken him to CBI office, Chandigarh and showed him some photographs and took his signatures on the back of the photographs in token of the identification. The CBI had also shown Ex. him accused from He a had distance. He identified his signatures on photograph, PW-191/1. identified the mona person shown at pointA, one kesh dhai at point-B, being the persons, mended. PW-192, Dr. Lalji Singh, Director Centre for Cellular the and Molecular of the Biology, deceased Hyderabad has conducted the DNA test to establish identity Dilawar Singh as the Human bomb on the basis of two legs and skull recovered from the spot and accordingly, he deposed that on the asking of the CBI, he came to Chandigarh, where two legs and head lying in the mortuary, were shown to him and who had come to his shop on 31.8.1995 to get the puncture of the car
father they
and were
brother not this the of of 100% fact blood the
of
deceased As of
Dilawar such to
identified the body of Dilawar Singh but sure. through samples establish Printing, Singh Singh, mother from DNA Finger Harnek Chamkaur and her some a
father brother were
deceased, deceased
the and
taken legs
thereafter skull,
samples of some muscle pieces both the After DNA and he for
were taken vide
separate identification card in the sealed parcels. requisite this, test conducted comparison the and
matching of the DNA of Dilawar Singh with the samples of his family members and as per his report, copy of which is Ex.PW196/6, he found that both the legs and the skull are the part of the body of the same person and that Singh parts was and progeny Harnek of Singh deceased Dilawar aforesaid & Surjit Harnek Kaur
Singh and Surjit Kaur as the DNA of body matched with each other. PW-193, Gurpreet Singh, who was a friend of Tejinder Pal Singh, deposed that during his stay in the Hostel of Jaswant Rai Chauhan, College Nagpur, he met co-accused Balwant Singh and Dilawar Singh, to stay in their of room in who were Nagar, Singh friend of Tejinder Pal Singh and they used Laxmi Dilawar Nagpur and he accordingly identified the photographs co-accused and Balwant Singh. He further deposed that on 1.9.1995 his friend Tejinder Pal Singh
told
him
that
phone
call
has
been
received from Balwant Singhj that he is coming to Nagpur because, he had killed Beant Singh and accordingly on 2.9.1995 at about 5.06 p.m, co-accused Balwant Singh reached Nagpur and then went to Amba Jhari along with Tejinder Pal Singh and he also went there and met them, where Balwant killed Singh disclosed Singh. all the accused details he
under which, he and his other co-accused S.Beant Thereafter (Balwant Singh) stayed in their room and on the next day, he was shifted to some Hotel and he stayed there in the name of Sandeep Sharma and he accordingly proved the record of Hotel in this regard to be in his hands and further deposed that coaccused Balwant Singh further resides at other Hotels of Nagpur. PW-194, V.K.Maheshwari, who was posted as Metropolitan Magistrate, in Patiala House Court, New Delhi deposed that on 22.1.1996 co-accused the CBI as Balwant per the Singh orders complying was of produced ACMM and before him for recording his confession by accordingly after procedural
requirement and satisfying himself, that there is no coercion, pressure or threat etc, he recorded the confessional statement of accused on 23.1.1996, copy of which is Ex. PW-194/3 and after recording the same, it was read over and explained to the accused, who put his signatures on each page of the same and thereafter he
certified it and sent to ACMM who forward it to CJM, Chandigarh. PW-195, HC Manojit Pal has stated that on 31.8.1995, he was posted as Lance Naik in the dispatch attached with the security duty of then Chief Minister, Beant Singh, Punjab. On that day, a convoy had left the CMs residence for Punjab Civil Secretariat at about 1.20 pm. He was also a member of the CRPF officials detailed for escort duty in in that convoy. in CRPF the officials were two vehicles
convoy. One vehicle was acting as pilot and other was as the escort. After 5-6 minutes of our departure from CM Bungalow, they had reached the Punjab Civil Secretariat, where the CMs car was parked under the verandah situated just in front of the gate.
At about 5.00 pm, they got the signal that they should be prepared to move. After receipt of the said order, he has taken his position on the L.M.G fitted on the escort vehicle. All the vehicles took their respective position in the convoy. Just when he he was putting an on his and air on glasses, heard explosion
account of said explosion, he had received an injury on the left side of his face and he became unconscious and when at about 7 to 7.30 pm, he regained consciousness, he found myself in the Hospital. The injury
received left ear.
by
him
on
account
of
this
explosion has impaired the hearing of his
PW-196, Devi Singh, has testified that in September, 1995 he was entrusted with the part on of investigation instructions this case of this CIO, seized case he a by went the to Chief Investigating Officer. On 10.9.1995 from and Patiala in relation to the investigation Scooter PB-11-1955 of Bajaj Chetak bearing Chassis No.06-C-1026904 and Engine No.06-E-1064 of Green Colour. He identified the scooter in the Court, which was seized by him on 10.9.1995 from the Scooter stand at Bus stand Patiala owned by Pritam Cycle/Scooter stand. On the search of the dickey of the scooter, one olive green colour cloth belt 39 inches long with 10 inch wide pouch in the middle was also seized by him, which he has seen in the Court. He proved memo as Photo copy of the said Ex.PW196/1. On 14.9.1995, he also
seized one photo copy of the registration register having entry of Bajaj Chetak No. PB-11-1955 no.8990/44 Major and filed containing form Shri receipt no.30, Ajmer dated 2.2.1995, of
form no.29 in duplicate, affidavit of Shri Singh, affidavit Singh. Copy of the Insurance Cover note and copy of the ration card of Amar Singh. The said documents were seized from the office of District Transport Officer, Patiala from Shri Sampuran Singh, Clerk of
the
Department
vide
seizure
memo,
the
photo copy of the same is Ex.PW196/2. On 15.9.1995, on the direction of CIO, he had taken into possession one blank affidavit regarding sale of Scooter No. PB-11-1955 signed by Amar Singh, one blank transfer form and two blank form no.29 and form no.30 signed by Amar Singh from Kamalpreet Walia at Patiala vide seizure memo, the photo copy of the same is Ex.PW196/4. He further stated that he had examined Prem Singh, Kirt Mahender Singh, Jasbir Singh, Smt. Surjit Kaur, and Foster mother of Balwant Singh, Shinder Paul, K.P.Walia and Sampuran Singh recorded their statements and handed over to CIO. PW-197 A.K.Chanda, this has and this he had has has case. along taken partly stated He with Harnek
investigated the
case of that
about the steps taken by him to complete investigation stated Om further Inspector
Parkash
Singh and Chamkaur Singh to GI Chandigarh on 5.9.1995 at about 4.30 pm. There at PGI they met Dr. and Diwan he head took of them Anatomy to the Department
mortuary, where the ramnent parts of the dead body i.e two legs and a skull were lying. The said body parts were shown to Chamkaur Singh and Harnek Singh for the identification. After seeing the said body parts i.e two legs and a skull, Chamkaur Singh and Harnek Singh had identified the same as appeared to be of Dilawar Singh,
their
brother on Singh
and the and for
son oral Harnek
respectively. consent Singh, out the of DNA their
Thereafter, Chamkaur blood
samples of
carrying
test were taken at the Laboratory in the presence Dr.Dazzy blood Singh. Dr. Diwan, and Dr.Dalbir by Dr. Singh, The this is some Dalbir Sahini Dr.Lalji taken Singh. in
samples The
were
identification Apart from
memo
regard was prepared at the spot which Ex.PW156/2. this memo,
other forms were also prepared and filled by Dr. Lalji Singh at that time the blood samples of Harnek Singh and Chamkaur Singh were drawn at PGI. PW-198, P.K.Mehra was the incharge of the deployment of the CRPF jawans at the resident of CM Punjab and in the escort and the pilot vehicles of the CM and he accordingly named the official deputed on 31.8.1995 for this purpose. PW-199 about He Area was Amanat Ali Shah, DSP has stated
the registration of FIR No. 153 of that on SN 30.9.97, Saxena by CBI when moved and he an was
1997, the copy of which is, Ex. PW199/1. stated produced accused Paramjit singh before the Magistrate, formally application to arrest him and the accused arrested remanded to judicial custody in both the cases to Central Jail, Jammu. PW-200, DSP Dilbagh Singh stated that in
June,
1998,
he as
joined
Punjab from
Police CRPF.
on In
deputation
Inspector
November, 1998, he was promoted as DSP in Punjab Police. Even since I joined with Punjab Police, I had been working in the Intelligence Wing and was handling counter intelligence and counter terrorism. He had been maintaining militant Militant KCF, KLF BTFK (All the record regarding were Babbar Tiger Students several Prominent Khalsa, Force), outfits outfits India which were
operating within and out side Punjab. The (Bhinderwala Sikh
Federation). He had also been maintaining the record of Babbar Khalsa International. Babbar Khalsa International was formed after 30th April, 1978. After Amritsar kand in which 13 Sikhs of Bhinderwala Akhand Kirti on his the Jatha said were killed After in Clash with of Nirankaris, when the Nirankaris had fired Jatha. out the death Fauja Singh, Sukhdev Singh Babbar formed own fit Babbar Khalsa International from the Akhand Kirti Jatha. They had also made a written constitution of Babbar Khalsa International. The CID Field Staff used to collect Intelligence and then communicate the same to him and I used to maintain the record. On 28.10.1995 his statement was recorded by the DSP CBI at Chandigarh record dated and I handed to over the which the official letter relating Babbar was
Khalsa International to the CBI. Recovery 13.11.1995 delivered by him along with the documents
to the CBI Officials is in the main file, photo copy of the same is Ex.PW200/1. The constitution of the Babbar Khalsa International containing four hand written leaves and written on the letter pad of Babbar Khalsa is also on the main file, photo copy of the same is Article PW200/A and PW-200/B he to of respectively. further 2099 While giving from Jatha visited details about the threat letter of so many terrorist, 4.11.1995 consisting stated a that Sikh had 11.11.1995
persons
Pakistan in connection with the Gurpurab of the birthday of Shri Gurunanak Sahib. They had visited Nankana Sahib in Pakistan, Panja Sahib (Hassan Abdul), and Dera Sahib at Lahore. Our Intelligence in that Jatha had collected a colour poster containing Dilawar Chief Babbar carries the photographs assassin Punjab. lower of This of left of Beant poster side of Wadhawa Sahid Singh also Singh the Singh the on
Minister the
photograph
Poster and of Sukhdev Singh Babbar on the top right hand side of the poster. The said Poster was handed over to the CBI on 28.11.1995 by him and the photo copy of the same is Article PW200/D. He further stated that the motive of the BKI was that they wanted to eliminate Beant Singh Chief Minister, Punjab as per them Beant Singh had become who a was member of the the repressive Sikhs and team, repressing
this fact was mentioned in the press note issued by the BKI.
PW-201, Vikas Gupta, was CJM, Jammu and deposed that application Ex.PW-201/1 moved by the investigating officer of this case for test identification, which was moved by S.N.Saxena, DSP, may be marked to Punit Gupta for compliance. PW-202, Munsif Punit Gupta, stated that on
1.10.97, he was posted as First Additional (Forest)-cum-Judicial Magistrate Ist Class, Jammu. On that date he received orders from the Chief Judicial Magistrate Jammu Singh, Jammu, notice in to who as to conduct was per DSP. Test in Identification Central he Jail by Parade of one Paramjit Singh son of Jagjit lodged the application Sharma on and moved
S.N.Saxena
Accordingly,
issued
Surinder Jail He
Balwinder at to
Kumar through CBI directing them to appear Central AM. Jammu sent Central 8.10.1997 Jail 10.30 also information
Superintendent,
Jammu,
directing him to arrange 8 to 10 persons of similar appearance to take part in the test the identification test parade and also to On arrange other requirements as required for identification parade. 8.10.97, he reached Central Jail Jammu at about 3 PM, where Sh. SN Saxena met him along Sharma, with who one has person to namely part Surinder in the take
identification proceeding. After that he alongwith the witness reached one of the room of the jail alongwith Chanchal Singh
then Superintendent of jail. After that, he of directed similar the Superintendent and After to age some call for time Paramjit Singh and 7 to 10 other persons appearance necessary proceedings.
accused Paramjit Singh along with 9 -10 persons of similar appearance and age were brought to that room. On his asking Paramjit Singh son of Jagjit Singh comes forward. Then he asked him whether he is ready to join and the test Identification about the proceedings satisfied
presence of other 9-10 persons for that purpose. Accused Paramjit asked that he is ready to join and the he test also identification expressed his proceedings
satisfaction about the appearance and age of the other persons present there, who were to be joined in the test identification proceedings. After this, he directed all of them to lined up and then call witness Surinder Sharma in the room. He asked Surinder Sharma to identify the accused amongst the persons lined up. The witness after giving a look to all the persons standing there, touched accused Paramjit Singh and disclosed that he is the accused Paramjit Singh, who is a Sikh gentleman. On this, he prepared the identification proceedings, Ex. PW202/A. PW-203 Kulbhushan Kalsi, brought the
correspondence file relating to the Court of Shri M.I.Khan, JMIC, RS Pura and proved two applications, Ex.PW-203/A and
Ex.PW-203/B moved on 30.9.97. PW-204, District R.K.Wattal, & Sessins First Additional has
Judge,
Srinagar,
stated that on 30.9.1997, accused Paramjit Singh, who was arrested by J&K Police in FIR No. 153 of 1997, under Section 122/125 RPC and Sections 7 & 3 of the Arms Act etc. was produced before him for remand proceedings. At that time, DSP, moved an application, remand seeking judicial SN Sexsena, Ex.PW203/A, of accused
Paramjit Singh. Accordingly, he passed the order Ex.PW-204/A and remanded the accused to judicial custody till 9.10.1997. On the same day another application, Ex.PW203/B was again moved by SN Sexsena seeking permission to interrogate the accused by him and other CBI officials in side the Jail. Accordingly, on that application he passed the order, Ex.PW-204/B and permitted the CBI to interrogate accused Paramjit Singh from 1st October onwards as per jail rules in the Central Jail Jammu. PW-205, material undertook painting Surender witness the of work Sharma, againt of the etc. who the is most
present and was
accused, deposed that in the year 1995, he denting and he the cars
operating from Shop No. 204-205, Sector 7C, Chandigarh. The said shop was on rent, owned by to him Shri Darshan through one Singh. Co-accused, Madanjit Singh. Lakhvinder Singh of Kansal was introduced
Lakhvinder Singh was working as Constable in Punjab to Police. 1995 for Lakhvinder getting done Singh other No. Singh job him. to was of On his in of visiting his shop for the last 1 prior the from came denting shop and with painting three Car years
26.8.1995, Ambassador
Lakhvinder bearing
persons DBA-9598,
Steel Grey Colour. They wanted to get the same car painted white. After seeing the car standing by outside of the court, along he identified it as the same car, which was brought Lakhvinder Singh other three companions on 26.8.1995. Lakhvinder Singh told him that this car belong to his three companions. They asked to get the car, dented painted within 2 or 3 days. Since it was the rainy season, then he told to do the denting work after three days. They told me that he should at least get the said car painted white from outside. The said car is PW-205/Article/X. They agreed to pay Rs.3000/- for the said denting and painting work and had paid Rs. 1500/- as an advance. All of the aforesaid persons went away and again came at 5 or 5.30 PM on the said date along with the car and deliver the same to him for getting the denting and painting job. Two of those persons were Lakhvinder Singh and Gurmeet Singh, whom he identified in the court in the main case. The identity of third person was fixed by him as Dilawar Singh (Human Bomb) by seeing the photo. The aforesaid car after getting it painted
white
from
outside
was
given
to
the
accused persons on 30.8.1995. During the period, 26.8.1995 to 30.8.1995, one more person had also visited his shop for seeing the progress work and identity of the person was given him by identifying in the court, who was accused Balwant Singh. He had identified that fourth person who had come on 26.8.1995 to his shop along with Lakhvinder, Dilawar and Gurmeet was told as Paramjit. Singh He in had Test identified Parade Paramjit
identification conducted at Central Jail, Jammu on 8.10.1997 before a Magistrate. He further stated that accused Paramjit Singh along with 8-9 persons were paraded he was asked to identify him was and and he
accordingly, identified him and a memo of identification, Ex.PW202/A prepared and he signed the same and identify the signatures as Ex.PW-205/1 (previously put as Mark A). He further stated that he had seen the accused for the first time times and thereafter, him in he had seen Jail on and on 26.8.1995, when he came to his shop two identified Jammu
8.10.1997. He had not seen him or even his photograph at any point of time, during the said period. along with with said Accused Paramjit Singh car Sing, on 26.8.1995 along and is the same person, who had come to him Lakhvinder Dilawar Singh
Gurmeet Singh. This witness further stated that
Beant Punjab,
Singh was on of
the
then
Chief Later
Minister, by on, Bomb the
assassinated, 31.8.1995. Punjab in the
Explosion premises was
aforesaid car was found abandoned in the Civil Secretariat, and on Chandigarh. The photograph of the said car published newspaper seeing the same, he immediately identified that it was the same car which was painted and delivered to the accused persons. told the aforesaid fact to SI of and Chandigarh he had Police, on the 2.9.1995 said car He and in Ram Kumar
later on, Chandigarh Police, contacted him identified Police Station Sector 3, Chandigarh. PW-206, D.S.Mangat, deposed that in the
month of November 1995 he was working as Under Secretary Home, for Home Secretary, Chandigarh regarding relating initiated to by Administration. sanction the him for present and The case file was was prosecution sanction
accorded under of Paramjit under
Section 7 of the Explosive Singh along 4 Act A with and 6 by vide of him by other of the the its the to
Substances Act, 1908, for the prosecution accused, Explosive order dated Section UT, was
Substances 28.11.1995.
Administrator, sanction order
Chandigarh, forwarded
copy
Joint Director, CBI, vide his endorsement and under his signatures. A photocopy of the same is Mark X/6.4.2009. The order of sanction was passed approved and passed on
28.11.1995, Chandigarh. photocopy
by He of
the the
Administrator, the sanction order
UT, as
proved
attested
Ex.PW-206/1. PW-207, Bhupinder Singh, has stated that DSP S.N.Sexena, who has since expired, was a Chief Investigating Officer of this case and he worked as such under him. He was supervising officer of this case RC No. 9(S) of 1995, SIC-II, CBI, which was being investigated by Shri SN Sexena. First charge sheet in this case was filed in November 1995 against five accused persons namely Singh. declared second Jagtar Singh alias Tara, Gurmeet was The Singh, Lakhwinder Singh, Navjot and Nasib Paramjit as charge Singh, was accused offender. filed proclaimed sheet
against
accused Shamsher Singh in December 1995. The custody of Balwant Singh and Jagtar Singh Hawara was taken by CBI, in January 1996 and after investigation both of Singh could the third was be charge filed. sheet against them not
Paramjit
arrested even when the third charge sheet was filed and he remained as an absconder. They have come the to know of on 14.8.1997, Singh, regarding arrest Paramjit
accused by Jammu and Kashmir Police in FIR NO. 153 of 1997, Police Station RS Pura. On 22.8.1997, he along with SN Sexena and Inspector obtained Suneet, the went of to FIR Jammu from and them contacted DIG Jammu Shri SK Mishra. They copies
regarding
the
case
in
which,
Paramjit
Singh was arrested by the Jammu police. On 27.9.1997, they got information from Jammu that police custody remand of Paramjit Singh is going to expire and they will produce him in the court. Consequently, he along with SN Sexena, Suneet and some more officers of the CBI reached Jammu on 28.9.1997. On 30.9.1997, accused Paramjit Singh was produced by the Jammu Police in the court and an application, Ex.PW203/A, was moved for formally arresting the accused Paramjit Singh in this case and requested for his judicial custody remand. On the same date, was another to Jail also that application, the the court said While they interrogate, and Ex.PW-203/B seeking Paramjit moved in before
permission Singh was stated
application he further
allowed. thereafter
identifying a Paramjit Singh in the court, went to the Jammu Jail and interrogated the present accused. After interrogation, they case. On the put 1.10.1997, CJM, for Jammu, The for said an application, accused was was were satisfied regarding the involvement of this accused in the present
Ex.PW-201/A was moved by SN Sexena, before keeping Paramjit Singh TIP. and allowed the Baparda as he was to be application for TIP next date
fixed as 8.10.1997 by the Magistrate. He also reached Jammu on that date and after
holding the TIP of
accused Paramjit Singh
by the Magistrate, from witness Surinder Sharma, he came to know that the accused has been correctly identified by the witness. TIP was held in the jail premises and none of the CBI officers was inside the jail. Inspector Suneet and other officers later on, brought accused Paramjit Singh to Burail Jail, Chandigarh. They did not have any photograph of Paramjit Singh with them at any point of time upto the date when the identification of the accused was held. He proved the charge sheet as PW-208, summoned Surinder file Ex.PW67/27. Singh, No. UT, has brought the
16321-H111(1)-95 Chandigarh, under
pertaining to the grant of sanction by the Administrator, Section 7 of the Explosive Substances Act, in the present case and proved the same as Ex.PW-208/A.
STATEMENTS OF ACCUSED UNDER SECTION 313 Cr.P.C. ALONGWITH HIS EXPLIANATION AND DEFENCE VERSION.
61. under After Section conclusion 313 against of the and and evidence each brought his and by of the
prosecution, the accused Paramjit Singh was examined Cr.P.C him every the incriminating prosecution, circumstances,
co-accused
convicts, were put to him, as the entire case of the prosecution is based on the theory that as per a
well laid conspiracy, this accused participated in this crime Accordingly and all of them committed this crime. when each and every circumstance of
prosecution was put to him, starting with the factum of conspiracy till its execution including the role played by each and every co-accused of this accused, he pleaded ignorance about some facts and admitted some facts and ultimately, he was called upon to explain that in view of the evidence of the prosecution, he along with his co-accused persons, some of whom are already convicted and kill Sardar In Beant Singh, of as of then that, human the Chief bomb Chief Civil some of whom Minister and of are still proclaimed offender, hatched conspiracy to Punjab. Dilawar himself Gate of pursuance acted the Car & deceased assassin, exploded on
Singh near
Minister
31.8.1995 at about 5.10 p.m, at the Porch of VIP Punjab Haryana Secretariat, Chandigarh leading to death of Sardar Beant Singh along with 16 other persons and left a number of persons as injured. In reply to this, he submitted that he further alleged that he was not knowing any of the accused persons before coming to Jail. With these averments, he reiterated that he has been falsely implicated in this case. 62. accused as opted in order to prove his defence the has examined as many as three following
witnesses:DW-1, Rakesh Zee Taneja, News has Principal stated that
Correspondent,
the summoned record has not been brought as the same has been destroyed as per the guidelines for up-linking of Government of
India
and
proved
on
record
requisite
certificate as Ex.DW-1/B. DW-2, Kesari, summoned Shadi Lal, General has I.e Clerk, Punjab the
Jalandhar record
brought
original
Newspaper
Jagbani dated 17.8.1997 and 19.8.1997 as published for the publication and proved the copies of the same as Ex.DW-2/B and Ex.DW-2/C, along with copy of authority letter as Ex.DW-2/A. He has also proved on the file copies of Newspaper Punjab Kesari dated 17.8.1997 and 18.8.1997, as Ex.DW2/D and Ex.DW2/E. He further stated that these news were published as per the reporting made by Ashok and Ram Parkash. DW-3, Gurpreet Singh, Correspondent, Ajit Daily, Jalandhar has newspaper dated 19.8.1997 as Ex.DW-3/A.
63. Shri
Arguments R.K.Handa
addressed Shri
by
Shri
S.K.Saxena, Special
Special Public Prosecutor for the CBI, assisted by and Rajan Malhotra, Public Prosecutors for the CBI and Shri R.C.Sharma and Shri A.S.Chahal Advocates for the accused, have been record heard of at the length. Besides was also this, perused the entire and the prosecution including oral with
documentary
evidence,
assistance of both the parties.
PROSECUTION VERSION
64. Opening its case, Sh.S.N.Saxena, learned
Special Public Prosecutor, assisted by Sh.R.K.Handa Special Public Prosecutor and Sh.Rajan Malhotra Advocate for the CBI argued that keeping in view the judgmentdated 27-07-07/31-07-07, which was the main case of this occurrence, it is already held by this court and thus proved that on 31.8.1995, deceased assassin convict, Dilawar Balwant Singh along with co-accused Singh killed S.Beant Singh, then
Chief Minister, Punjab, when assassin Dilawar Singh, being a human bomb exploded himself near the car of S.Beant Singh, then Chief Minister, Punjab at the porch of the VIP Gate at the Punjab & Haryana Civil Secretariat, consequences the present therefore, Chandigarh. of the At the same time, it is also proved that this killing has taken place in a well planned conspiracy between and his co-accused required convicts, only to prosecution was accused
prove how this conspiracy was hatched and how the present accused, along with the accused, who have been declared proclaimed offenders, attributed for the due execution of the motive of the conspiracy and this fact is duly established on record in view of the voluminous evidence on the file, which is based on a that complete this and chain of along circumstances with his coon indicating the accused the
accused convicts and others, were part and parcel of conspiracy circumstances proved record along with stand of PW-205, Surinder Sharma, who has identified this accused as one of the four persons who came to him for the work of repaint of car used in this crime and this fact is also proved form the confessions made by the co-accused Jagtar Singh Tara and others and it is thus proved that this accused was part and parcel this conspiracy and which leads to killing of Beant Singh and 17 other
persons
with
help
of
assassin
Dilawar
Singh,
who
acted as human bomb. 65. To substantiate their case, the learned
Special Public Prosecutor submitted that in view of the testimony of PW-200, Dilbag Singh and keeping in view the documents, Ex.PW-200/A to Ex.PW-200/D, it is proved on the file that Babbar Khalsa International, a Pakistan based terrorist group, headed by accused Wadhawa Singh and Mehal Singh, since proclaimed offenders, hatched this conspiracy to kill S.Beant Singh in order to achieve a goal of severance of a Sikh State called Khalistan out of India, by indulging in violent means and it is also proved on the file that the Babbar Khalsa International has also claimed the responsibility for the assassination of S.Beant Singh through various communications sent to various newspaper agencies. 66. It is also proved on the file that accused
Mahal Singh and Wadhawa Singh (proclaimed offenders) instigated co-accused convict Jagtar Singh Hawara, who was trained for in Pakistan killing and they hatched Singh a conspiracy the of S.Beant and
accused Jagtar Singh Hawara was sent to India with an instigation that S.Beant Singh, the Chief Minister, Punjab had usrpted the power after 1992 election in the State of Punjab and is responsible for committing indiscriminate atrocities on the innocent Sikhs in the State of Punjab and other part of the country and as such, he should be killed and accordingly convict, Jagtar Singh Hawara instigated co-accused, convicts Gurmeet Singh, Lakhwinder Singh and Balwant Singh and assassin Dilawar Singh, who all were good friends and all of them then included the remaining accused
persons in the conspiracy as present accused Paramjit Singh, accused Jagtar Singh Tara (since proclaimed offender), accused Jagroop Singh (since proclaimed offender), who were the members of the Akhand Kirtni Jatha also intend to kill S.Beant Singh, Chief Minister, Punjab. 67. 1994 to Accordingly during the period of November August 1995, all these accused persons
hatched this conspiracy at various places in India and various parts of Pakistan and this fact is duly proved on the file that within hours of the killing of S.Beant Singh AAA, ex-Chief DDD and Minister, EEE were Punjab, received fax by messages mark
various newspapers, copies of which are AAA/1, DDD/1 and EEE/1 and in all these documents, the Babbar Khalsa International has owned the responsibility for killing S.Beant Singh. 68. Not only this, in one of the document,
Ex.P-150, which is a poster published by the Babbar Khalsa International, assassin Dilawar Singh deceased has been shown as a martyr, who has killed S.Beant Singh by working as a human bomb as held in main case Thus all these facts and circumstances clearly show that it is established beyond doubt that it was the Babbar Khalsa International, who had planned and conspired to kill S.Beant Singh and they did so with the active connivance and help of all the accused persons, who were facing trial in this case. 69. He further submitted that from the evidence of accused Wadhawa Singh, (since
led by the prosecution, it is proved that as per the motivation proclaimed offender), accused Jagtar Singh Hawara,
motivated some persons to come forward to act as a human bomb for the killing of S. Beant Singh ex-Chief Minister, Punjab and as per that motivation, assassin Dilawar Singh offered himself for this purpose. In July turn 1995, accused Jagtar Singh Hawara Singh contacted (since accused Shamsher Singh and Paramjit Singh, who in introduced accused Jagtar Tara proclaimed offender) to accused Jagtar Singh Hawara in New Delhi. Accused Jagtar Singh Hawara assured the availability of arms and ammunitions and he, accordingly, with the help of accused Shamsher Singh brought the RDX from his village near Ajnala close to the Indo-Pak border in truck no. PB-12-A-7947 and the same was kept in the house of co-accused Shamsher Singh and some part of the RDX was kept concealed in the house of co-accused convict, Nasib Singh in Village Jhingran Kalan and he kept concealed the RDX in his house fully knowing the conspiracy. Thereafter accused Jagtar Singh Tara and Jagtar Singh Hawara purchased a gray coloured Ambassador car no. DBA-9598, from S.K.Dutta and then with the help of accused Paramjit Singh, the said car was brought to Patiala. 70. Learned Special Public Prosecutor Mr.Saxena
further submitted that on 25.8.1995, a meeting was held in Gurudwara Dukh Niwaran, Patiala which was attended by accused Jagtar Singh Hawara, Jagtar Singh Tara, Paramjit Singh, Balwant Singh and assassin Dilawar Singh, where a final plan to kill S.Beant Singh by human bomb was prepared and thereafter all of them reached Village Jhigran Kalan from where some part of the RDX was brought from the house of accused, Nasib Singh and then all the five accused persons reached house no.981, Phase IV, Mohali which
was of their co-accused Gurmeet Singh. Thereafter car no. DBA-9598 was got painted in off-white colour to give it a look of an official car. And for this accused asked Parmajit to Singh accompanied colour of him his car in co-accused and a this test convict to the shop of PW-205, Surinder Sharma and him change then the witness has identified
identification parade proved on record by PW-202, as per his report, Ex.PW-202/A and this fact coupled with the confessions of co-accused of present accused clearly proved that he was part and parcel of this conspiracy and helped his co-accused as directed by the main accused Jagtar Singh Hawara. 71. He further submitted that the most material statements made by copy the of co-accusedwhich is
evidence of prosecution against the accused is the confessional convict, Balwant Singh,
Ex.PW-194/3-A; of co-accused Jagtar Singh Tara, copy of which is, Ex.PW-164/4, and of co-accused Shamsher Singh, Ex.PW-6/1 co-accused persons as are it is and these confessions made by the admissible against all the accused a case of conspiracy involving
multifarious acts, under the provisions of Section 10 and 30 of the Indian Evidence Act. 72. Learned Public Prosecutor then explained
the role played by this accused either individually or in groups with his co-accused persons before the conspiracy, and the of the after the execution of the conspiracy articles recovered and the incriminating
facts disclosed by the accused and concluded that prosecution omission and has commission collected done by sufficient the accused circumstantial evidence as per overt acts and acts
Parmajit Singh prior to the conspiracy including the preparation, the acts done during the execution the till conspiracy his and the acts of omissions by of and
commissions done after the commission of the crime arrest and identification PW-205, Surinder Sharma and in view of the confessions of co-accused, material made which are further corroborated on all aspect PW-13, of this extra case Khan by a way of evidence, judicial confession childhood
circumstantial before
Mohd.
Iqrar
friend of the accused Paramjit Singh and the act and conduct of the accused before and after the crime. As such, as per the law laid down by the Hon'ble Apex Court in AIR 2004, Supreme Court, 4197, these confessions are sufficient circumstance to prove the case of the prosecution and there is no scope of doubt regarding the genesis of occurrence that it was a bomb blast caused by the deceased assassin Dilawar Singh being a human bomb resulting into killing of Beant Singh and 16 other persons and all this was done by the present accused in conspiracy with his co-accused convicts and other persons. And thus from the evidence it is proved that there are so many circumstantial by one like and direct the evidence case and of on the record, (which will be taken during discussion on merits held one guilty )which his prove prosecution and thus accuse Parmajit Singh be also co-accused punished accordingly. 73. The prosecution has also relied upon
various authorities in support of the proposition of law applicable to the case in hand which will be discussed at the appropriate time.
DEFENCE VERSION 74. While challenging the entire case of the Shri R,C.Sharma and Shri A.S.Chahal
prosecution,
learned defence counsels, vehemently submitted that the entire story of the prosecution leading to the prosecution suppression concealing spot by of of the the true present genesis accused of acts the of is based on by and occurrence omission
material evidence available at the deliberate
way
of
commission to frame the accused persons and there are sufficient circumstances on the file which shows that this case was investigated by the CBI after the arrest of the co-accused persons and a cock and bull story was concocted by collecting evidence by going backward to link the present accused with this crime. Thus the CBI has conducted a tainted and bias investigation and arrested and challaned the accused despite the fact that there was no legal evidence against him. 75. To substantiate their case, Shri R.C.
Sharma, submitted that this case can be termed as a case of no investigations or at the most a badly investigated case from its very beginning till its end and all at the the material spot aspects the of the case were available suppressed. 76. now a Before submitting further, learned defence proclaimed offender as such, the alleged after crime
counsel submitted that accused Jagtar Singh Tara is confession of Jagtar Singh Tara can not be taken into consideration either against him or against any of the remaining accused persons including accused
Paramjit
Singh,
as
per
law
laid
by
the
Hon'ble
Supreme Court in Eshar Singh Vs. State of Andhara Pradesh, AIR, 2004, S.C., 3030. 77. He further submitted that it is admitted
case of the prosecution that confessional statement of an accused can be recorded only during the course of was investigations already charge or thereafter and but before to an the inquiry or trial. But in the present, the accused sheeted committed trial in the first charge sheet. As such, recording of his confession during further investigations is not permissible under the law as confession recorded during the the provision of investigations but Section 164 of the Cr.P.C are applicable only to the before the start of inquiry or trial but in this case, this confession has been recorded in violation of this provision and as such this confession is not admissible in evidence. 78. none and been of He further submitted that as stated earlier the prosecution witnesses stated anything
against this accused to link him with the conspiracy the alleged act of omissions and commissions on established of on record. is Besides not this, the in his part in bringing the car to Patiala have not confessions co-accused admissible
evidence and if it is so there is not even an iota of evidence to prove that this accused at any point of time had shared any conspiracy with any of the accused persons as per the ingredients of law. 79. authority He further upon submitted by the that even in in the this
relied
prosecution
regard Shankaria Vs. State of Rajasthan, AIR, 1978,
Supreme that
Court,
1248,
the
Hon'ble the
Apex
Court in
held the
where
after the
comparing fact
confession it was
light of surrounding circumstances and probabilities coupled with that perfectly voluntary, the Court is satisfied then it can be relied upon but in this case both these material facts have not been proved. 80. Learned defence counsel next argued that
even the theory of identification of the accused by PW-205 in a test identification parade conducted by PW-202, Punit Kumar Judicial Magistrate Jammu, is also prove to be created evidence as it is proved on record that the accused was already shown to PW-205 through photographs and otherwise and he was forced to identify him in jail. As such the statement of PW-205 is not admissible in evidence. 81. accused Even otherwise testimony of PW-205 is of no as far as the identity and First link of of all Parmjit Singh is concerned.
consequences
PW-205 has admitted that he was not knowing accused Parmajit Singh prior to this occurrence. Above all PW-205 further admitted that till 6.9.1995 he was not knowing about the identity of any other accused persons further persons, except admitted who came accused that along Lakhwinder he with Singh and he identified accused three other
Lakhwinder
Singh, on the basis of photographs and he has no where given the description of any of the accused persons in his statement recorded by the Chandigarh Police or by the CBI. 82. proved On the contrary, during his evidence, it is that during investigations, first of all
photographs identify and
of he
accused
persons
including
Paramjit
Singh were shown to him and then he was directed to identified Paramjit Singh whereas the case of the prosecution that this witness never saw the photograph of this accused. Even it is also proved that when the accused Paramjit Singh was arrested by CBI in this case, his photograph was published in the news papers, some of which has been produced in evidence and it cannot be believed that PW-205 will not see those pictures or the same will not be shown to him. 83. testimony witnesses Not of even and PW-205 to this, material and this there the other and are glaring in all the these
discrepancies
improvement theory
prosecution
relating
makes his testimony highly doubtful. To substantiate this plea, he submitted that he has introduced in a new theory when he alleged that after seeing the photo graph of the car in the news paper, he talk to Inspector Ram Kumar of Chandigarh Police and on his asking, Ram Kumar Inspector took him to DSP Abrol and then his statement was recorded. This stand was never taken by the witness in his statement u/S 161 Cr.P.C. Not even this, there is nothing on the file to show that how DSP Abrol was concerned with the investigation of this case, when the investigation of the case were already handed over to the CBI on the night of 31.8.1995 itself. The prosecution has not examined DSP Abrol to explain this material fact which PW-51. 84. He further submitted that last piece of further raises doubts about the stand of
evidence relied upon by the prosecution against the
accused is
making of an extra judicial confession
by accused Paramjit Singh before PW-13, Mohd. Iqrar Kahn but even the testimony of this witness is not reliable as there is no evidence on the file that why accused Paramjit Singh will confide with him, specially when he is having no relationship with him and at the same time PW-13 was not in a position to help him and already refused to provide any help to him. Then there is no evidence to prove that he was a close friend of accused Paramjit Singh. Thus the alleged extra judicial confession of this accused is also a waste paper and is not admissible in evidence specially when it is admitted case of PW-13 that he and his grand-father were taken away by the CBI and they the were kept in custody and he alleged the so CBI say and so this and he the was forced and called extra judicial confession, when he was under custody of to pressurized extra judicial
confession made to an unknown person is a weak type of evidence as held by the Hon'ble Punjab & Haryana High Court in Gopi Chand Versus State of Haryana, 2005(4), RCR, Criminal, 778. 85. At the same time, this confession has not in evidence High as held in by the Hon'ble of U.T
been corroborated by any evidence and thus becomes inadmissible Punjab & Haryana Court State
Chandigarh Versus Rakesh Kumar, 2002(3), RCC, 472. 86. Similarly, there is no explanation on the
file as to why accused Paramjit Singh waited for 3 days for making the confession before PW-13 as it is admitted case of prosecution that when accused met this witness for the first time, ha had not disclosed anything to him and it was only after two
days when this witness also reached UP, when the accused this Singh made this confession, which further makes judicial confession of in admissible in extra
evidence as per the law laid down in Satinder Pal Versus State Punjab, 2005(4), RCR(Criminal), 494. 87. Concluding his case, the learned defence
counsel submitted that as per the detailed arguments made above, it is proved on the file that CBI has not at all investigated the case within the law of investigations and evidence Act but have projected a false version on the asking of the Punjab Police then the headed by K.P.S.Gill and put and by a suppressing concocted the material evidence, fabricated the true genesis of forward story
occurrence
only to falsely implicate the accused and there is not even an iota of evidence on the file to show that this accused was related with this conspiracy either remotely or directly or aided or abetted the commission prosecution. passing of the crime as alleged by the Resultantly, he submitted that he is strictures against the CBI for
entitled for benefit of doubt and be acquitted by severe manipulating the facts on the basis of false and tainted investigation.
Points for Determination

88. After of due both consideration the parties of and the after rival going
contentions
through the voluminous evidence brought on the file by the prosecution, which is further supplemented by the evidence led by the defence and after
considering the case law relied upon by both the parties, it comes out as stated earlier during the course of arguments the factum of bomb blast by a human bomb, assassin Dilawar Singh, leading to death late S. Beant singh and others has not been hotly contested as it is alleged that the accused has no concern with that crime or its conspiracy. Then this fact is already decided in the main judgment. 89. But despite this the prosecution has lead
same evidence in this case also as was lead in the main case and when the said evidence was put to the present accused in his statement under section 313 Cr.P.C., he has alleged that he has no concern with that evidence as he has no concern with this conspiracy. This fact is specifically so stated by the accused in answer to questions No. 135 to 147 of his statement under section 313 Cr.P.C. Then all the facts and circumstances leading to prove that it was a case of human bomb blast caused by deceased Dilawar Singh being one of the conspirators and then his identity and further proof of conspiracy by the co-accused of the present accused, have been proved on record through the testimony of eye witnesses, experts of FSL and CFSL and investigation officers and this entire aspect has not been contested the present accused. 90. entire Above evidence all the prosecution has lead the by
as was lead in the main case to
prove the facts and circumstances under which this conspiracy was hatched by the present accused and his co-accused and role played by each of them from the stage of conspiracy and its execution and then the act and conduct of each of them during the time
prior
to
execution
of
conspiracy
and
after
the
commission of of crime and thus role of each of the co-accused has been again proved and as such as per the main judgement, the entire case of the prosecution leading to bomb blast by the human bomb and killing of all. 91. Above all vide detailed judgment dated
27-07-07/31-07-07, while deciding the main case it is proved that that co-accused, Wadhawa Singh and Mehal Singh also Singh Hawara decided instigated to to kill kill co-accused Beant Beant Accused Singh Singh convict, and Jagtar co-accused of his
convict, Balwant Singh & assassin Dilawar Singh were because Singh, alleged atrocities. Harjit since
absconding, met accused Balwant Singh some where in the month of March or April, 1995 and asked Balwant Singh to kill Beant Singh with the promise of all type Singh of help. In the month of June, 1995 Harjit Balwant Singh on the telephone of called
Bhushan Sirhandi and asked him to meet a person at Gurduwara Seesh Ganj in this regard and thereafter accused Balwant Singh met that person, who was later on identified as Jagtar Singh Hawara and both of them went to Guest House at Ghaziabad and discussed the Singh plan. Thereafter and co-accused Singh convicts, planned Jagtar to kill Hawara Balwant
Beant Singh by exploding a belt bomb and assassin accused Dilawar Singh offered himself as human bomb. Thereafter co-accused Jagtar Singh Hawara and Balwant Singh got stitched belt bomb and then they met Jagtar Singh Tara and they all met at Gurudwara Dukh them. Niwaran Patiala, where Dilawar also joined
92.
Accused Jagtar Singh Tara and Jagtar Singh
Hawara procured a Car No. DBA-9598 and asked accused Paramjit Singh to brought it to Patiala and then they all collected explosive from Village Jhingran Kalana and came to Mohali. Accused Balwant Singh and Dilawar Singh went to Patiala and got stitched two police uniforms and took the delivery of belt. The colour of the car was got changed from Grey to White by Jagtar Singh Hawara with the help of accused Lakhwinder Singh, there after all of them went to the room of Gurmeet Singh. On the intervening night of 28/29.8.1995 a final plan to explode Beant Singh by a human bomb was prepared by the accused Dilawar Singh, Balwant Singh, Lakhwinder Singh, Jagtar Singh Hawara, Paramjit Singh, Jagtar Singh Tara and an attempt was also made on 30.8.1995 but it could not succeed as Beant Singh had already left Secretariat. Ultimately on 31.8.1995 again deceased Dilawar Singh was loaded with belt bomb by co-accused convicts, Balwant Singh & Jagtar Singh Tara and electric circuit was completed by accused Gurmeet Singh and then Jagtar Singh Tara and Dilawar Singh left in car No-DBA 9598 and reached Secretariat. After some time accused Balwant Singh reached there on his Scooter and then as per the plan Dilawar Singh exploded himself near to the Car of Beant Singh killing him and 16 other persons and thus it is proved on the file and that all those convicted on the and proclaimed conspiracy of specially after offenders were part and parcel of this committed Khalsa this crime International Babbar Terrorist Organizations, and
instigation
International
immediately
the blast Babbar Khalsa International also owned the responsibility.
93.
Similarly
learned
defence
counsels
while
not agitating the above findings alleged that even if the the above facts is presumed to have proved, there is no evidence on record to link the present accused with this crime or to say that he was also part and parcel of this conspiracy. 94. In view of the above facts, the only
question remained whether this accused was part and parcel of this conspiracy and did certain acts of omissions and commission in order to achieve the motive of conspiracy and thus the following point required consideration:1. Whether the bomb blast of this occurrence was caused by the deceased Dilawar Singh in execution of a conspiracy hatched by accused Wadhawa Singh and Mehal Singh (proclaimed offenders) with the other accused persons, who were absconding and who have already been convicted and present accused and thus he was also part and parcel of that conspiracy and committed different acts of omissions and commissions in pursuance of their conspiracy and in order to achieve the goal of conspiracy, leading to the killing of deceased Beant Singh and others and thus participated in this crime. 2. Final Order.
95. oral and
After
due
consideration
of
the
marathon
arguments of both the parties and the plethora of documentary evidence, briefed above, and and considering the same as per the scanning
proposition of legal principles, relied upon by both the parties in abundance, the decision on the above points, with reasons for its decision, is as follows.
Reasons for decision Point No 1

96. that As discussed Beant in all earlier, Singh it is proved 16 well who that other laid had
deceased Singh by been
along of
with a
persons was killed by way of human bomb and assassin Dilawar already consequence the accused convicted conspiracy persons,
vide
judgmentdated
27-07-07/31-07-07 along with the other persons, who have been declared proclaimed offenders or who are absconding. As such now let us come to the main point for determination, which is the most material point, as far as the present accused of this trial is concerned, that:Whether the bomb blast of this occurrence was caused by the deceased Dilawar Singh in execution of a conspiracy hatched by accused Wadhawa Singh and Mehal Singh (proclaimed offenders) with the other accused persons, who were absconding and who have already been convicted and present accused and thus he was also part and parcel of that conspiracy and committed different acts of omissions and commissions in pursuance of their conspiracy and in order to achieve the goal of conspiracy, leading to the killing of deceased Beant Singh and others and thus participated in this crime. 97. To start with and as held earlier it is
proved on record that the nature of the offence and its magnitude, itself shows that this operation was not possible only by accused as Balwant by Singh defence and in deceased Dilawar Singh, alleged
this
case,
alone and
as
it
involves of huge
multifarious materials to
preparations
collection
achieve the ultimate goal of murder of Late Beant Singh. On the other hand, it is proved that this operation was possible only with the help of many more persons that too after hatching a well planned conspiracy motivation prosecution. involving and Above all men, as vide materials, put main forward money, by the is movements,
judgmentit
already proved that this crime was committed as per a well laid and executed criminal conspiracy by the accused who As able have such to already now been the the held guilty comes of and as the convicted. has been questions
alleged by the prosecution, whether the prosecution prove participation present accused in this conspiracy and crime because of the different acts of commissions and omissions as alleged in this case and whether those are prove to hilt. Thus let us scan the evidence of the prosecution to decide this core question. 98. This court is not oblivious of the fact under took which it has by been committed, in what
that keeping in view the nature of offence and the circumstances how this there cannot be any direct eye witness,who can say blast place, whom and manner, because it is not only difficult but almost impossible to have direct evidence of conspiracy and entire case is to be judged from the circumstantial evidence brought on the file. 99. As far as the question of finding guilt as stated the earlier, guilt on to the know the of true the
solely on the basis of circumstantial evidence, is concerned, genesis and find basis
circumstantial evidence, the Hon'ble Apex Court has laid down the guidelines from time to time and the process started with Hanumant Govind Nargundkar Vs. State of M.P, AIR, 1952, Supreme Court, 343 wherein the law was laid down in the following terms:It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstance from which the conclusion of guilt is to be drawn should be in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.
100. while been
Yet again in dealing held with the a
Sharad Birdhichand Sarda Vs. evidence,it must has be
State of Maharashtra, AIR 1984, Supreme Court, 1622, circumstantial following case based on that before conditions
fulfilled
circumstantial
evidence is said to be fully proved including the guilt of the accused persons:(1) the circumstances from which the conclusion of guilt is to be drawn should be fully established. The circumstances concerned must or should and not may be established.
(2) The facts so established should be consistent only with the hypothesis
of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty. (3) The circumstances should be of conclusive nature and tendency. a
(4) They should exclude every possible hypothesis except the one to be proved; and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must the act must have been done by the accused. (6) Suspicion, however grave, cannot be substituted for a proof and the courts shall take utmost precaution in finding an accused guilty only on the basis of circumstantial evidence. 101. It was further observed that: We can fully understand that though the case superficially viewed bears an ugly look so as to prima facie shock the conscience of any Court yet suspicion, however great it may be, can not take the place of legal proof. A moral conviction however strong or genuine can not amount to a legal conviction supportable in law. It must be recalled that the well established rule of criminal justice is that fouler the crime higher the proof.In the instant case, the life and liberty of a subject was at stake. As the accused was given a capital sentence,a very careful, cautious and meticulous approach was necessary to be made. The murder might have been committed in a very cruel and revolting manner but that may itself be a reason
for scrutinizing more closely.
the
evidence
bit
102.
Similarly
in,
Bhagat
Ram
Vs
State
of
Punjab, AIR, 1954, Supreme Court, 621, it was laid down that where the case depends upon the conclusion drawn from circumstances the cumulative effect of the circumstances must be such as to negative the innocence of the accused and bring home the offences beyond any reasonable doubt. 103. that:In case based on circumstantial evidence, the settled law is that the circumstances from which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. Moreover, all the circumstances should be complete and there should be no gap left in the chain of evidence. Further, the proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence. 104. In Padala Veera Reddy Vs. State of A.P, Similarly in, C.Chenga Reddy Vs. State of
A.P, 1996(10), SCC, 193 wherein it has been observed
AIR, 1990, Supreme Court, 79 it was laid down that when a case rests upon circumstantial evidence,such evidence must satisfy the following tests: 1. the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established; 2. those circumstances should be of a definite tendency unerringly pointing towards guilty of the accused. 3. The circumstances , taken cumulatively, should from a chain so complete that there is no escape from the conclusion that within all human probability the crime was
committed by the accused and none else;and 4. the circumstantial evidence in order to sustain conviction must he complete and incapable of explanation of any other hypothesis than that of guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence. 105. 'Wills Sir Alfred Wills in his admirable VI) book lays
Circumstantial
Evidence
(Chapter
down the following rules specially to be observed in the case of circumstantial evidence: 1. the facts alleged as the basis of any legal inference must be clearly proved and beyond reasonable doubt connected with the factum probandum; 2. the burden of proof is always on the party who asserts the existence of any fact, which infers legal accountability; 3. in all cases, whether of direct or circumstantial evidence the best evidence must be adduced which the nature of the case admits; 4. in order to justify the inference of guilt, the in culpatory facts must be incompatible with the innocence of the accused and incapable of explanation, upon any other reasonable hypothesis than that of his guilt and if there be any reasonable doubt of the guilt of the accused, he is entitled as of right to be acquitted. 106. 2007(2), In State of Goa Vs. Sanjay all and the others above
RCR(criminal),
458,
again
principles were reiterated. 107. As stated earlier, the entire case of the
prosecution is that deceased Beant Singh along with
16 other persons was killed by way of human bomb and assassin Dilawar Singh in consequence of a well laid conspiracy by all the accused persons who had already been convicted along with the other persons, who have been declared proclaimed offenders or who are absconding as well the present accused, who was also part of the making of conspiracy along with main co-accused, Jagtar singh Hawara and others. As such first question comes what is the legal position as to the factum of conspiracy and the evidence required to prove the same. 108. Section 120-A of the Indian Penal Code
defines 'Criminal Conspiracy' as follows: When two or more persons agree to do , or cause to be done (a) an illegal act (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy. Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation- it is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. 109. Section provides: Whoever is a party to a criminal Section 120-B which prescribes in sub
(1) the punishment for criminal conspiracy
conspiracy to commit an offence punishable with death, (imprisonment for life) or rigorous imprisonment for a term of two year or up wards, shall, where no express provision is made in the Court for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
110. act
Like most crimes, conspiracy requires an (actus reus) and accompanying mental state
(mensrea). The agreement constitutes that act, and the intention to achieve the unlawful objective of that state. and has agreement In the constitutes face of the required organized mental crime, law All in be modern
complex business arrangements in restraint of trade, subversive witnessed in are political agreement liable of activity, to for commit crimes conspiracy a crime. expansion in many forms. Conspiracy committed would
criminalises conspirators group,
furtherance of the conspiracy by any member of the regardless whether liability established by the law of complicity. 111. To put it differently, the law punishes
conduct that threatens to produce the harm, as well as conduct that has actually produced it. Contrary to the usual rule that an attempt to commit a crime merges with the complete offence, conspirators may be tried and punished for both the conspiracy and the completed crime. The rationale of conspiracy is that the required objective manifestation of disposition to criminality is provided by the act of agreement. Conspiracy is a clean destine activity. Persons carry generally his do of not a form illegal covenants even openly. In the interests of security, a person may out part conspiracy without
being
informed
of
the
identity
of
this
kind
can
rarely be shown by direct proof, it must be inferred from circumstantial evidence of co-operation between the accused. What people do is, of course, evidence of what conspiracy, the prosecution must show that he agreed with others that together they would accomplish the unlawful object of the conspiracy. 112. Another major problem which arises in
connection with the requirement of an agreement is that of determining the scope of a conspiracy- who are the parties and what are their objectives. The determination potential model is is critical, of a each chain, criminal how the since it defines The law party of goals of the has in the one the liability that No to of the accused. where
developed approach the question of scope, Once such each the accomplishing conspiracy. objective; objectives furtherance
matter promote
diverse
enterprise. So far as the mental state is conspiracy are the intent to agree and the intent to promote the unlawful objective of the conspiracy. It is the intention to promote a crime that lends conspiracy its criminal cast. 113. It liable would enters Conspiracy is not only a substantive crime. also serves as a basis for holding one person for the of crimes the that of others liable. in cases where who usual person doctrines of complicity one crime not he in
application
render into of
Thus,
conspiratorial its is objectives, that
foreseeable whether acts or
committed by every other member of the conspiracy in furtherance ration able knew of the crimes or aided in their commission. The criminal done
furtherance
of
conspiracy
may
be
sufficiently
dependent upon the encouragement and support of the group as a whole to warrant treating each member of a casual agent to each act. Under this view, which of the conspirators committed the substantive offence would be less significant in determining the defendant's liability than the fact that the crime was performed as a part of a larger division of labour to which the accused had also contributed his efforts. 114. loosened Contrary Regarding to the admissibility usual rule, by of in one evidence, conspiracy conspirator,
standards prevail in a conspiracy trial. declaration
prosecutions,any
made in furtherance of a conspiracy and during its pendency, is admissible against each co-conspirator. Despite the unreliability of hearsay evidence, it is admissible this rule, in conspiracy Hand, prosecutions. in(Van Riper Explaining Vs. United Judge
States 13 F.2d 961, 967 (2d Cir, 1926) said: Such declarations are admitted upon no doctrine of the law of evidence, but of the substantive law of crime. When men enter into an agreement for an unlawful end, they become ad hoc agents for one another, and have made 'a partnership in crime'. What one does pursuant to their common purpose, all do, and as declarations may be such acts, they are competent against all.
115. theory
Thus conspirators are liable on an agency for statements of co-conspirators, just as
they are for the overt acts and crimes committed by their conferrers.
116.
Interpreting
the
provisions
in
Sections
120A and 120B of the IPC, the Hon'ble Apex Court in the case of Yash Pal Mittal Vs. State of Punjab, (1977) 4 SCC 540, in para 9 at pages 543 and 544,made the following observations: The offence of criminal conspiracy under Section 120-A is a distinct offence introduced for the first time in 1913 in Chapter V-A of the Penal Code. The very agreement, concert or league is the ingredient of the offence. It is not necessary that all the conspirators must know each and every detail of the conspiracy as long as they are coconspirators in the main object of the conspiracy. There may be so many devices and techniques adopted to achieve the common goal of the conspiracy and there may be division of performances in the chain of actions with one object to achieve the real end of which every collaborator must be aware and in which each one of them must be interested. There must be unity of object or purpose but there may be plurality of means sometimes even unknown to one another, amongst the conspirators. In achieving the goal several offences may be committed by some of the conspirators even unknown to the others. The only relevant factor is that all means adopted and illegal acts done must be and purported to be in furtherance of the object of the conspiracy even though there may be sometimes misfire or overshooting by some of the conspirators. Even if some steps are resorted to by one or two of the conspirators without the knowledge of the others it will not affect the capability of those others when they are associated with the object of the conspiracy. 117. The significance of criminal conspiracy
under Section 120-A is brought out pithily by the Hon'ble Supreme Court in, Major E.G Barsay Vs. State of Bombay, (1962) 195:
The gist of the offence is an agreement to break the law. The parties to such an agreement will be guilty of criminal conspiracy, though the illegal act agreed to be done has not been done. So too, it is not an ingredient of the offence that all the parties should agree to do a single illegal act. It may comprise the commission of a number of acts. Under Section 43 of the Indian Penal Code, an act would be illegal if it is an offence or it it is prohibited by law. Under the first charge the accused are charged with having conspired to do three categories of illegal acts, and the mere fact that all of them could not be convicted separately in respect of each of the offences has no relevancy in considering the question whether the offence of conspiracy has been committed. They are all guilty of the offence of conspiracy to do illegal acts, though for individual offences all of them may not be liable. 118. Similarly the Hon'ble Bombay High Court in
Dr. Dattatrya Narayan Samant and others Versus State of Maharahtra, 1982, Crl.L.J., 1025. held as under: The most important ingredient of the offence of conspiracy is the agreement between two or more persons to do an illegal act. The illegal act may or may not be done in pursuance of the agreement,but the very agreement is an offence punishable under S.120-B of the Penal Code. Entering into an agreement by two or more persons to do an illegal act or legal act by illegal means and not merely an intention to do such acts constitutes the very quintessence of the offence of conspiracy. So long as such a design rests in intention only, it is not indictable. The prosecution must further show that the agreement was entered into and that there was a meeting of minds between two or more persons or as is described etymologically, conspiracy means breathing together and two people cannot breathe together unless they put their heads together. The gist of offence of
conspiracy lies not in doing the act or effecting the purpose for which the conspiracy is formed, nor in attempting to do any of the act, nor in instigating others to do them, but in the forming of the scheme of agreement between the parties. It is well settled that an agreement can be proved either by direct evidence or by circumstantial evidence or by both. What the prosecution must prove by the positive evidence is that there was a positive agreement in the minds of two or more persons or there was a meeting of minds to do an unlawful act or to do a lawful act by unlawful design. For example, if two burglars should decide independently to burgle the same house on the same night, their independent decision would not constitute a conspiracy. A conspiracy is not merely a concurrence of wills, but a concurrence resulting from agreement between the two. 119. Similarly, the question comes what is the
amplitude of Section 10 of the Evidence Act to prove a conspiracy and the Hon'ble Apex Court in State of Tamilnadu Versus S. Nalini and others, 1999, Crl.Law Journal, 3124, known as Rajiv Gandhi murder case, while taking into consideration the entire case law on the point, laid down some of the broad principles governing words:(1) Under Section 120 A IPC offence of criminal conspiracy is committed when two or more persons agree to do or cause to be done an illegal act or legal act by illegal means. When it is a legal act by illegal means over act is necessary. Offences of criminal. conspiracy is an exception to the general law It is intention to commit crime and joining hands with persons having the same intention. Not only the intention but there has to be agreement to carry out the object of the intention, which is an offence. The question for consideration in case is did the law of conspiracy in the following
all the accused have the intention and did they agree that the crime be omitted it would not be enough for the office of conspiracy when some of the accused merely entertained a wish, howsoever horrendous it may be, that offence be committed. (2) Acts subsequent to the achieving of the object of conspiracy may tend to prove that a particular accused was party to the conspiracy. Once the object of conspiracy has been achieved, any subsequent act, which may be unlawful, would not make the accused a part of the conspiracy like giving shelter to an absconder. (3) Conspiracy is hatched in private or in secrecy. It is nearly impossible to establish a conspiracy by direct evidence. Usually, both the existence of the conspiracy and its objects have to be inferred from the circumstances and the act and conduct of the accused. (4) Conspirators may for example, be enrolled in a chain- A enrolling B, B enrolling C, and so on; and all will be members of a single conspiracy if they so intend and agree, even though each member knows only the person, who enrolled him and the person whom he enrolls. There may be a kind of umbrella-spoke enrollment, where a single person at the center does the enrolling and all the other members are unknown to each other, though- they know that there are to be other members. These are theories and in practice it may be difficult to tell which conspiracy in a particular case falls into which category. It may however even overlap. But then there has to be present mutual interest. Persons maybe members of single conspiracy even though each is ignorant of the identity of many others who may have diverse roles to play. It is not a part of the crime of conspiracy that all the conspirators need to agree to play the same or an active role. (5) When two or more persons agree to commit a crime of conspiracy, then regardless of making or considering any
plans for its commission, and despite the fact that no step is taken by any such person to carry out their common purpose, a crime is committed by each and every one who joins in the agreement. There has thus to be two conspirators and there may be more than that. To prove the charge of conspiracy it is not necessary that intended crime was committed or not. If committed it may further help prosecution to prove the charge of conspiracy. (6) It is not necessary that all conspirators should agree to the common purpose at the same time. They may join with other conspirators at any time before the consummations of the intended objective, and all are equally responsible. What part each conspirator is to play may not be known to everyone or the fact as to when a conspirator joined the conspiracy and when he left. (7) A charge of conspiracy may prejudice the accused because it forces them into a joint trial and the court may consider the entire mass of evidence against every accused. Prosecution has to produce evidence not only to show that each of the accused has knowledge of the object of conspiracy but also of the agreement. In the charge of conspiracy the court has to guard itself against the danger of unfairness to the accused. Introduction of evidence against some may result in the conviction of all, which is to be avoided. By means of evidence in conspiracy, which is otherwise inadmissible in the trial of any other substantive offence, prosecution tries to implicate the accused not only in the conspiracy itself but also in the substantive crime of the alleged conspirators. There is always difficulty interacting the precise contribution of each member of the conspiracy but then there has to be cogent and convincing evidence against each one of the accused charged with the offence of conspiracy. As observed by Judge learned Hand this distinction is important today when many prosecutors seek to sweep within the dragnet of conspiracy all those who have
been associated in any degree whatever with the main offenders. (8) As stated above it is the unlawful agreement and not its accomplishment, which is the gist or essence of the crime of conspiracy. Offence of criminal conspiracy is complete even though there is no agreement as to the means by which the purpose is to be accomplished. It is the unlawful agreement which is the gravamen of crime of conspiracy. The unlawful agreement which amounts to a conspiracy need not be formal or express, but may be inherent in and inferred from the circumstances, especially declarations,acts and conduct of the conspirators. The agreement need not be entered into by all the parties to it at the same time but may be reached by successive actions evidencing their joining of the conspiracy. (9) It has been said that a criminal conspiracy is a partnership in crime, and that there is in each conspiracy a joint or mutual agency for the prosecution of a common plan. Thus, if two or more persons enter into a conspiracy, any act done by any of them pursuant to the agreement is, in contemplation of law, the act of each of them and they are jointly responsible therefor. This means that everything said, written or done by any of the conspirators in execution or furtherance of the common purpose is deemed to have been said, done or written by each of them. And this joint responsibility extends not only to what is done by any of the conspirators pursuant to the original agreement but also to collateral acts incidental to and growing out of the original purpose. A conspirator is not responsible, however, for acts done by co-conspirator after termination of the conspiracy. The joinder of a conspiracy by a new member does not create a new conspiracy not does it change the status of the other conspirators individually or in groups perform different tasks to a common end does not split up a conspiracy into several different conspiracies. (10) A man may join a conspiracy by word or
by deed. However, criminal responsibility for a conspiracy requires more than a merely passive attitude towards an existing conspiracy. One who commits an overt act with knowledge of the conspiracy is guilty. And one who tacitly consents to the objects of a conspiracy and goes along with other conspirators, actually standing by while the others put the conspiracy into effect, is guilty though he intends to take no active part in the crime.
120.
To proceed further let us see what sequence
of events have been attributed by the prosecution to prove the association of accused Paramjit Singh with conspiracy, each other association to In hatch this of different conspiracy, the persons with the preparations has
made by the accused and role played by him in its execution. regard prosecutions relied upon the following sequences of events and circumstances:(i) of of That Uttam accused Nagar, Paramjit Delhi, Jodh who Singh Singh was was also a a
close friend of PW-99, Jodh Singh resident member of Akhand Kirtan Jatha. In the end December 1994, introduced accused Jagtar Singh Hawara with accused Paramjit Singh and he and his friend Jodh Singh Hawara and at zPW-56, for Ghaziabad Charanjeet accused in Mohalla arranged Singh Nandgram accommodation Jagtar
Colony by hiring a house. (ii) Singh accused the that in May 1995, accused Jagtar at
Hawara Paramjit
telephonically Singh his from brother of
contacted Pakistan in Gandhi
workshop
Nagar,
Delhi,
Ph.
No.
2413721
and
requested him to arrange for a car driver as he would be reaching Delhi very soon. Paramjit Singh Singh a knew the accused Jagtar They Tara, professional driver.
were also co-accused in FIR No. 39 dated 26.3.1991, PS Ropar and FIR No. 12 dated 2.2.1991, PS Ropar as already detailed in charge accused Paramjit sheet Jagtar Singh No.6/95. Singh introduced On arrival of Hawara accused accused Jagtar
Singh Tara to accused Jagtar Singh Hawara in June 1995. (iii) Grey son that accused Jagtar Singh Hawara Ambassador of Paschim car bearing Registration Delhi on
and Jagtar Singh Tara purchased a Steel No. DBA-9598 from Mrs. and Mr. S.K.Dutta Vihar, New 30.8.1995 for a sum of Rs. 32,000/-. After purchase of this car, accused Jagtar Singh Tara drove this car to trans-Yamuna area of East Delhi and delivered the said car to Paramjit Singh with the instructions to get it fully checked and repaired from a reliable mechanic to make it fit for long drive. Accused Jagtar Singh Tara also financed for repair cost and told accused Paramjit Singh to get affixed black film on window panes. (iv) Singh that on 21.8.1995, accused Paramjit contacted mechanic, Laxmi Pw-87, Nagar, Himmat Delhi,
Singh alias Bhai Mistri resident of 12/B Vishwakarma Park,
living in neighbourhood and told him that car had been purchased by his friends namely Jagtar Singh Tara and Jagtar Singh Hawara and had to be taken to Punjab and Chandigarh, Accused Himmat it. on an alias the Singh window made important asked Bhai vehicle alias panes by mission. mechanic, Mistri and Bhai for to repair Mistri the Paramjit Singh check Singh
completely Himmat on
repaired the vehicle and got a black film affixed payment which was accused Paramjit
Singh. Accused Paramjit Singh along with accused Jagtar Singh left Delhi by car No. DBA-9598 Panjabi Hawara between on 24.8.1995 and they reached same night this University, and 24th Balwant and Patiala Singh. In the the 1995,
evening and contacted accused Jagtar Singh 25th August
accused and Jagtar Singh Tara stayed at the house of Sardar Nirmal Singh. (v) that on 25.8.1995, Jagtar accused Tara Paramjit reached
Singh
and
Singh
Gurdawara Dukh Niwaran Sahib, Patiala in the said car, where Jagtar Singh Hawara, Balwant Singh, Dilawar Singh were already present. Paramjit car NO. Therafter Singh, DBA-9598 Jagtar Balwant and Singh Singh, Hawara, Jagtar village
Singh Tara, Dilawar Singh, left Patiala in reached Jhingra Kalan, PS Kurali, District Ropar and collected two bags containing remote control devices, wires and explosives (RDX) etc. from the house of Naseeb Singh
where
they
were
earlier
kept
by
Jagtar
Singh Hawara. (vi) that on the same day i.e. on
25.8.1995 in the evening all the accused persons reached House No. 981, Phase IV, Mohali, Jagtar of accused Hawara Gurmeet kept Singh some of where the Singh
explosives material out of the aforesaid two batgs and all of them went to House No. 243, Phase VII, Mohali of Jagrup Singh where accused Jagtar Singh Hawara and Paramjit Singh kept remote control devices and remaining explosives material. (vii) Hawara Dilawar official Singh, took car that asked Singh car. No. on and 26.8.1995 get car Jagtar to No. Singh
Paramjit
Singh
contact DBA-9598
painted off-white to give it a look of an Gurmeet Singh DBA-9598 Singh, and to Lakhwinder Singh 24, No. Dilawar Parmajit Shop
Sector VII, Chandigarh of Surinder Shrama, Pw-205 and delivered it for painting it as off-white and instructed that car should be ready by 29.8.1995 or latest by 30.8.1995. (viii) that accused Paramjit Singh left
Mohali and reached Ropar for attending the court in the aforesaid case pending trial against him in the court of JMIC Ropar in FIR No. 12 on dated 2.2.1991. Ropar, and It he was also his revealed Karnal that from reached
31.8.1995
contacted
friend
Surender
Singh
at
Truck
Union
Market, Karnal, where he learnt about the news of assassination of S.Beant Singh on 31.8.1995. Immediately after he rushed for Delhi and reached the house of his brother Jarnail himself Singh in the alias Joga and concealed of his factory premises
brother due to apprehension of his arrest and absconded thereafter. (ix) that during first week of September 1995 Harjit he contacted alias his friends PW-141, PW-82, Hira Singh Raja,
Singh son of Gurbachan Singh, for seeking shelter with them and no their refusal he approached PW-13, resident his of old House childhood Ahmed No. alias friend, Bhaiya Old Mohd. Iqrar
4926/A,
Seelampur, Delhi on or about 10.9.1995 and sought his help for taking shelter in his house at Delhi with a view to avoid arrest by the police. On refusal of Iqrar Ahmed, accused Paramjit Singh took address of his grand father Hazi Noor Mohd, resident of Mohalla Afghan, Amroha, Uttar Pradesh and lived at Amroha for two days. Iqrar Ahmed also reached Amroha also his next made day and found accused Paramjit Singh there. The accused Paramjit showing CM Singh to his extra and asked back judicial Khan in confession friend Iqrar others
involvement Iqrar and he Ahmed came
assassination of S. Beant Singh, the then, Punjab. Paramjit to Delhi. Singh to leave his grand father's house
immediately
Accused Paramjit Singh thereafter, stayed at different places in Moradabad, Sirsa, Agra, Gwalior, in Indore and Ambala and remained regular for telephonic contact
with other members of outfit Babbar Khalsa International seeking instructions, material and monetary support from other countries viz Germany and Pakistan. 121. after As stated earlier, the entire case of the considering in the case put forward the by the it
prosecution is based on circumstantial evidence and prosecution consonance with evidence,
comes out that the prosecution has relied upon the following main circumstances to prove its case as to the factum of conspiracy between all the accused persons, who had already been convicted and preset accused and its execution. With the above discussed legal and factual back-ground, let us now take the main circumstance of the prosecution to bring home the factum of conspiracy between the present accused and other accused persons, some of whom have been convicted and some are still at large. Confessions of co-accused convicts, Balwant Singh, Jagtar Singh Tara and Shamsher Singh; making of the same and its relevancy to the conspiracy specially in reference to Section 10 and 30 of the Indian Evidence Act. 122. The first and the foremost evidence relied
upon by the prosecution against the present accused is that it is undisputed case of the accused that the offence in question was committed in pursuance of deep routed conspiracy and when evidence led by the prosecution against the other accused persons
was put to the accused Paramjit, he has not denied the conspiracy and as far as factum of conspiracy is concerned, it is already proved in view of the earlier judgment and it is also proved that the in view of the provisions of Section 10 of the Evidence Act, the entire evidence of the prosecution against the co-accused of the present accused is also admissible against him. As such, he argued that the confessions made by the co-accused of the present accused namely and Balwant of Singh, copy of which is, Ex.PW-194/E; Jagtar Singh Tara, copy of which is, Ex.PW-164/4 accused Shamsher Singh alias Shera, copy of which is, Ex.PW-6/1, clearly proves that the accused Paramjit Singh was also part and parcel of this conspiracy and as per the law laid down by the Hon'ble Apex Court in State of Maharashtra Vs. Damu Gopi Nath Shinde, 2000, Crimial Law Journal, 2301, this is clinching evidence, to link the present accused with the conspiracy in question. 123. when the To substantiate his plea, he argued that present accused was confronted with the
factum of making of confessions by his co-accused, in question No.215 to 217, of his statement recorded under Section 313 Cr.P.C., he has not denied making of those confessions when by his of co-accused co-accused and especially, confession Jagtar
Singh Tara was put to accused in Question No. 175 and 176 he pleaded ignorance and thus, it goes to prove that there is sufficient evidence on record, which proves that this offence was committed in pursuance of a conspiracy and the present accused was also party to the conspiracy.
124. above of
As far as the relevancy of confessions of co-accused convicts is concerned, even if learned it is
defence counsel not going into the question of proof these confessions argued that believed that these confessions are duly proved on record, the same have no relevancy as far as the present accused. 125. accused Section On the contrary, Ld. counsel for the accused is concerned because these confessions are not admissible against the present
accused argued that the confessions made by the cocannot 30 of be treated as substantial evidence the Evidence Act and then the against the accused in view of the provisions of prosecution cannot take the benefit of Section 10 of the Act because the confessions of the co-accused were recorded after the accomplishment of the object of the alleged conspiracy and thus, it is not admissible under the provisions of Section 10. In support of this plea, he had 651; Firidddin Basheeruddin relied upon Vs. State Sidhrath of Kerla etc. Vs. State of Bihar, RCR (Criminal) 2005(4) Page 2001(4) RCR (Criminal) Page 20; Jayanender Sarsawati Vs. State of Tamilnadu 2005(1) RCR (Criminal) Page 629;. 126. of for is He further argued that even otherwise, it of of the co-accused is not primary only of
is settled proposition of law that evidence by way confessions the purpose evidence, on the contrary it can be relied upon only corroboration proved beyond that the too, shadow after the court found that the evidence relied upon admissible and reasonable doubt. In support of this plea, he has
relied upon Hari Chand Kurmi Vs. State of Bihar, AIR, 1964 SC, Page 1184;. 127. In view of the above rival contentions
question comes, how to prove the meeting of mind and entering into conspiracy by the present accused with his co-accused already convicted or who are still absconding? For this one may refer to the judgment of Hon'ble Apex Court in case of Kehar Singh Versus State (Delhi Administration) (supra) known as Indira Gandhi murder case, in which the Hon'ble Apex Court held that the conspiracy evidence as can well be as proved by by circumstantial direct
evidence and that though the conspiracy is hatched in secrecy, the prosecution must prove some physical manifestation of agreement although it may not be necessary to prove Supreme regarding Court actual meeting of two persons or said that the evidence the words by which the two persons communicated. The further transmission of thoughts and sharing of
unlawful design may be sufficient. 128. Calcutta evidence available, during accused. 129. Before examining the relevancy of and to Similarly in High to Court prove Leela Dass Versus Union of held the the that since the is direct rarely evidence to of be the
India, 1999, Criminal Law Journal, 1807, the Hon'ble conspiracy
therefore, after decide
circumstantial occurrence the have
must be clear and the circumstances proved before, the considered about complicity
confessions of the co-accused, first of all let us, take the issue as to whether the prosecution can
rely
upon 10
the of
confessions the
by
taking Act,
the
help
of the
Section
Evidence
vis-a-vis
provisions of Section 30 of the Evidence Act. 130. 10 of the As far as the applicability of Section Evidence Act to the case in hand is
concerned, it provides that anything said, done or written by any one of the conspirators in reference to their common intention, is a relevant fact not only as against each of the conspirators but for proving the resistance of the conspiracy itself Thus, under Section 10 of the Act any evidence can be used for showing that the particular person was a party to the conspiracy even if, that evidence is not directly against a particular accused but the only condition is that there must be some reasonable grounds to believe that two or more persons have conspired together to commit an offence. 131. the that In State of Maharashtra Vs. Damu (Supra), Hon'ble the Apex Court, after which of his considering under-lines associate the in in
implication of Section 10 of the Evidence Act, held basic is principles, an agent Section 10, is the theory of agency and hence, every conspirator, carrying out the object of the conspiracy and if it is proved that an offence has been committed, in pursuance of a conspiracy, anything said, done or written by any of the conspirator in reference to their common intention is a relevant fact, not only as against the each of the conspirator but also to prove that a particular person was a party to the conspiracy. But the conspirators have spoken to each other, in reference to their common intention, can be gathered from the confessions of any one of them
provides
those
confessions are legally proved and
found admissible in evidence and if it is so proved, the facts stated by an accused, in his confession is evidence, not only against the maker of the confession but also against his co-accused, if those relates to the acts of omission and commission, done in reference to the common intention. 132. The above proposition of law was also so
settled in Ammini Vs. State of Karala, JT, 1997(9), SC, 125, hwere also it was held that confessions made by one of the accused can be used against the other co-accused under section 10 of the Evidence Act. 133. As far the plea of Ld. Defence that
Section 10 of the Act is not applicable where the confession has been made by an accused, after the object of the conspiracy has been completed, is concerned, in Sidhrath Vs State of Bihar (supra),
the Hon'ble Apex Court has not laid down any law on this aspect but simply ignored the confessions of the co-accused as evidence under Section 10 against some of the accused in view of the fact that there was case an is independent based on evidence of participation evidence and of the those accused and conspiracy, whereas, the present circumstantial confessions of the co-accused are relied upon merely as a circumstance to corroborate the other evidence of the prosecution. 134. On the contrary, the main question was
considered by the Hon'ble Apex Court in
State of
Maharashtra Vs. Damu Gopi Nath Shinde (supra), and it was held that any evidence showing the conduct of
other accused person is relevant against any other accused persons, if it is related to the conspiracy and its execution. Similarly, in Firzuddin Case (supra), the Hon'ble Apex Court held that a criminal conspiracy can be proved by circumstantial evidence and even Section 10 of the Act can be applied to prove trial. the conspiracy. to the Regarding usual admissibility in of evidence, loosened standards prevail in a conspiracy Contrary any rule, but one conspiracy prosecutions declaration conspirator,
made in furtherance of a conspiracy and during its pendency, is admissible against each co-conspirator. Despite the un-realiablity of hearsay evidence, it is admissible in conspiracy prosecutions. Explaining this rule, Judge Hand said: Such declarations are admitted upon no doctrine of the law of evidence, but of the substantive law of crime. When men enter into an agreement for an unlawful end, they become ad hoc agents for one another, and have made a partnership in crime. What one does pursuant to their common purpose, all do, and as declarations may be such acts, they are competent against all. (Van Riper Vs. United States, 13 F.2d961, 967 (2nd Cir. 1926). 135. Thus, conspirators are liable on an
agency theory for statements of co-conspirators just as they are for the overt acts and crimes committed by their confreres. 136. is that the other plea of learned defence counsel the entire evidence of the prosecution
regarding judicial confessions made by some of the co-accused persons, extra judicial confessions made by the co-accused persons and the act and conduct of
the co-accused persons after the commission of the crime, can not be considered for any purpose whatsoever either to prove the factum of conspiracy by this accused or participation in its execution, as far as the present accused other than, who had allegedly suffered, by taking shelter of Section 10 of Evidence Act because Section 10 of the Evidence Act clearly says and can that be once to the exist, to conspiracy no apply is the terminated thereafter ceased evidence
considered
presumption of Section 10. While saying so, he has relied upon Mirza Akbar Vs. King, AIR, 1940, Privy Council, Tamilnadu, Sarup and 176; Jayendra Vs. Saraswati of Vs. 629 State and of AIR, 2005(1), others RCR(Criminal), State Bhawan
Maharashtra,
1965, Supreme Court, 682. 137. However, after considering the case law
relied upon by both the parties on this aspect and after considering their rival contentions, it comes out that the plea raised by learned defence counsel is the true to s some per extent the law are but is not proper the interpretation of Section 10 of the Evidence Act. On contrary discussed above confessions of co-accused admissible evidence
subject to further proof. 138. counsel, directly No the in doubt, as alleged of by learned 10 defence of the
interpretation Bhagwan Sarup's
Section
Evidence Act was taken by the Hon'ble Apex Court case (Supra), where while dealing with the nature of the evidence that should be adduced to sustain the case of conspiracy, the Hon'ble Apex Court held that the conspiracy may be proved by direct evidence or may be inferred from
acts
and
conduct
of
the
parties.
There
is
no
difference between the mode of proof of the offence of conspiracy and that of any other offence; it can be established by evidence direct but evidence Section 10 or of by the circumstantial
Evidence Act introduces the doctrine of agency and if the conditions laid down therein are satisfied, the act done by one is admissible against the conspirator. 139. the The Hon'ble Apex Court after reiterating wordings of Section 10 of the Evidence Act,
interpreted the same in the following words:This section, as the opening words indicate, will come into play only when the Court is satisfied that there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, that is to say, there should be a prima facie evidence that a person was a party to the conspiracy before his acts can be used against his coconspirators. Once such a reasonable ground exists, anything said, done or written by one of the conspirators in reference to the common intention, after the said intention was entertained, is relevant against the others, not only for the purpose of proving the existence of the conspiracy but also for proving that the other person was a party to it. The evidentiary value of the said acts is limited by the circumstances, namely, that the acts shall be in reference to their common intention and in respect of a period after such intention was entertained by any one of them. The expression in reference to their common intention is very comprehensive and it appears to have been designedly used to give it a wider scope than the words in furtherance of in the English law; with the result, anything, said, done or written by a co-conspirator, after the conspiracy was formed, will be evidence against the
other before he entered the field of conspiracy or after he left it. Another important limitation implicit in the language is indicated by the expressed scope of its relevancy. Anything so said, done or written is a relevant fact only as against each of the persons believed to be so conspiring as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. It can not be used in favour of the other party or for the purpose of showing that such a person was not a party to the conspiracy. 140. follows: (1) There shall be a prima facie evidence affording a reasonable ground for a Court to believe that two or more persons are members of a conspiracy; (2) if the said condition is fulfilled, anything said, done or written by any one of them in reference to their common intention will be evidence against the other; (3) anything said, done or written by him should have been said, done or written by him after the intention was formed by any one of them; (4) it would also be relevant for the said purpose against another who entered the conspiracy whether it was said, done or written before he entered the conspiracy or after he left it; and (5) it can only be used against a coconspirator and not in his favour. 141. Actually, the above said principles were In short, the section can be analyzed as
laid down by the Hon'ble Apex Court in Sardar Sardul Singh Cavveshar Vs. State of Maharashtra, AIR, 1965,
Supreme Court, 682 and those were reiterated by the Hon'ble Apex Court in Bhagwan Swrup's case (Supra). 142. Not even this, these principles were again
reiterated by the Hon'ble Apex Court in Kehar Singh Vs. State (Supra) known as Indira Gandhi murder case where the Hon'ble Apex Court, in a case of similar facts & circumstances involving the dispute of conspiracy leading to the assassination of Indira
Gandhi, then Prime Minister, again stated that:it is well settled that act or action of one of the accused could not be used as evidence against the other. But an exception has been carved out in Section 10 in cases of conspiracy and once it is established that there is reasonable ground to believe that two or more persons have conspired together, in the light of the language of Section 120-A, the evidence of action or statements made by one of the accused, could be used as evidence against the other for the purpose of proving the existence of conspiracy as well as the fact that the other persons was a party to it. 143. defence Apex decision Not even this, the plea raised by learned counsel in of has Sardul been Council answered case Mirza in by the Hon'ble where case Court Singh's (Supra), Akbar's
Privy
(Supra) has been referred to and the Hon'ble Apex Court settled that:The limits of the admissibility of evidence in conspiracy case under Section 10 of the Evidence Act have been authoritatively laid down by the Privy Council in Mirza Akbar Vs. King Emperor (Supra). In that case, their Lordships of the Privy Council held that Section 10 of the Evidence Act must be construed in
accordance with the principle that the thing done, written or spoken, was something done in carrying out the conspiracy and was receivable as a step in the proof of the conspiracy. They notice that evidence receivable under Section 10 of the Evidence Act of anything said, done or written by any one of such persons: (i.e., conspirators) must be in reference to their common intention.
144.
Actually
this
plea
has
been
raised
by
learned defence counsel to say that the confessions made by some of the co-accused persons after their arrest can not be taken into consideration even if the same are proved to be true and voluntarily made, against the present accused. Admittedly, the plea of learned defence counsel is legally tenable to some extent as stated above but as far as the plea that anything proved against a co-accused concerning his act and conduct in prosecution of conspiracy, can not be considered against the present accused under Section 10 of the Indian Evidence Act, is concerned, it is 145. Nalini's not tenable. Later case on, in State which of is Tamilnadu known as Vs. Rajiv
(Supra),
Gandhi murder trial, the Hon'ble Apex Court again considered this question and held that where it is prima said facie or proved by that any there of was a criminal become provided conspiracy between two or more persons then anything done conspirator the other, substantive evidence against
that should have been a statement in reference to their common intention. And the Hon'ble Apex Court answered the relevancy of a confession made by an accused after his arrest against the co-accused in
the following words:But the contention that any statement of a conspirator, whatever be the extent of time, would gain admissibility under Section 10 of it was made in reference to the common intention, is too board a proposition for acceptance. We can not overlook that the basic principle which underlies in Section 10 of the Evidence Act is the theory of agency. Every conspirator is an agent of his associate in carrying out the object of the conspiracy. Section 10, which is an exception to the general rule, while permitting the statement made by one conspirator to be admissible as against another conspirator restricts it to the statement made during the period when the agency subsisted. Once it is shown that a person became snapped out of the conspiracy, any statement made subsequent thereto can not be used as against the other conspirators under Section 10. 146. whether a The Hon'ble Apex Court further held that particular or not, accused at any had point a ceased of to be is a a time,
conspirator that
matter which can be decided only on the facts of particular with case. Normally conspirator's connections the conspiracy would get snapped
after he is nabbed by the Police and kept in their custody because he would thereby ceased to be the agent of other conspirators and as such a confession made by an accused can not be used as substantive evidence against the other accused on the principle enunciated in Section 10 of the Evidence Act. But it can be used is only for the and limited reliable purpose and can of be corroboration of the other evidence, although such a confession admissible used against a confessor as substantive evidence. 147. In State of Tamilnadu Vs. Nalini's case
Supra,
the
Hon'ble
Apex
Court,
while
considering
this aspect, held that Section 10 of the Evidence Act is a special provision in order to deal with dangerous combination. Normal rule of evidence that prevents the statement of one accused being used against another u/s 30 of the Evidence Act, does not apply in the trial of conspiracy in view of Section 10 of the Act. The Hon'ble Apex Court further held that there is difference between Section 30 of Indian Evidence Act and Section 15(1) of TADA Act and the main difference pointed out by learned Apex Court is that in case under Section 15(1) of the TADA Act, the maker of the confession and the other accused should be tried jointly for the same offence as is clear from the word 'charged' & 'tried' together used in this section, whereas in case of Section 30 of the Indian Evidence Act, it is not required that the joint trial should be for the same offence. 148. Even in Haroon Haji Abdullah Vs. State of
Maharashta, AIR, 1988, S.C. 832, the Honble Apex Court while taking the confession of an accused, who had died during the trial, against the other accused persons, held that no doubt the confession of a person, who is dead is not admissible in evidence under section 30, which insists upon a joint trial but such a statement becomes relevant under section 30 read is with section as not 32(3) of the Evidence as Act. his his Similarly in the present case, accused Jagtar Singh Tara declared are proclaimed traceable offender and as whereabouts such
confession is admissible as per the above law. 149. At the same time, Section 30 of the
Evidence Act gives a discretion to the court to take into consideration the confession against the maker as well as against the co-accused. Whereas under section 15(1) of the TADA Act, the confession of the accused recorded thereunder shall be admissible in the trial of the maker of the confession as well as against the co-accused, provided the co-accused, with abettor or conspirator, if charged and tried provisions required joint trial of the
the accused for the same case. Although, both the accused making confession and the co-accused. Thus the plea of learned defence counsel to exclude the confession of Jagtar Singh Tara is not tenable. As such let us consider the confession of accused Jagtar Singh Tara and its legality and admissibility. 150. Thus, the conclusion on the above score is
that the confessional statement made by an accused after his arrest, if admissible and reliable, can be used against confessor as substantive evidence and also against the co-accused to prove the factum of conspiracy and its execution but its use against the other accused would be limited only for the purpose of corroboration of other evidence, as per the provision of Section 30 of Evidence Act and it can also be used to lend assurance to other evidence against the co-accused. 151. in hand, Applying the above proposition to the case it is clear that as held in the main
judgment, all the different acts of commissions and omissions already proved against the convict accused persons are also relevant against the present accused and those are also admissible against him provided the role of the present accused is further
supported by the other evidence. In this regard, as argued the into by Ld. Defence of counsel and as held canot in be to of Kashmira Singh Vs. Hari Charan Kurmi's case (supra) confessions service other co-accused the persons is treated as substantive evidence and can be pressed only when court inclined necessity accept evidence and feels the
seeking for assurance in support of its conclusion deductible from the said evidence. 152. already Shera, before Keeping in view the above proposition of held have the that made the co-accused convict Balwant
law, it comes out that in the main judgment it is Singh, Jagtar Singh Tara and Shamsher Singh alias legally admissible and confessions those are Judicial Magistrate
admissible in evidence against those accused persons and in view of the provisions of Section 10 of the Act, those confessions are also admissible against the present accused and goes to prove that he was part and parcel of this conspiracy. As argued by Ld. Public Prosecutor, when making of confessions by the co-accused of the present accused was put to him in question No. 175 and 176 and then in questions No. 215 to 230, the present accused have failed to deny those confessions accused and are as also such, whatever has been the stated in those confessions by the co-accused of the present admissible against present accused. 153. As such a perusal of confession of co-
accused Jagtar Singh Tara,in his confession, copy of which is, Ex.PW-164/4, while reiterating the facts stated by co-accused Balwant Singh, in his confession, copy of which is Ex.PW-194/3, co-accused
Jagtar Singh Tara disclosed that:a. That the present Accused
Paramjit Singh, who was also residing in Delhi was already known to him. b. him In July, 1995, Paramjit introduced with accused came who Jagtar from is Singh Hawara after Sikh
saying that he is active member of Babbar Khalsa Beant and Singh, Pakistan enemy of having training, with a mission to kill community and he should help him and he accordingly joined them. c. He further disclosed that as per the
plan he and accused Jagtar Singh Hawara purchased a ambassador car no. DBA-9598, on 20-08-1995, from S.K. Datta of Pachim Vihar Delhi for a sum of Rs. 32000/- and he represented himself as Basant Singh son of Jagir Singh and parked the car in the house of accused Paramjit Singh at Delhi. d. plan and He further disclosed that as per the and directions Paramjit of Jagtar Singh Singh reached
Hawara on receiving massage from him, he present Patiala on 24-08-95 near University Gate, where accused Jagtar Singh Hawara along with Balwant Singh met him and asked him to meet on 25-08-95 at Gurudwara Dukh Niwaran.
e.
On
25-08-95
he
and
Paramjit
Singh went to Gurudwara, where accused Jagtar Singh Hawara, Balwant Singh and Dilawar Singh met them and all of started for Mohali. On the and and way accused two Jagtar bags and Singh Hawara took the car towards village Jhingran containing kalan RDX brought other articles
they reached the house of accused Gurmit Singh in Phase-IV, Mohali. On reaching there some of the ammunition was kept in the house of Gurmeet Singh whereas some part was kept in house of accused Jagrup Singh. f. On 26-08-95 as per the
directions of Jagtar Singh Hawara accused Paramjit and Dilawar were asked to get the car repainted into white colour so that it looks like a Govt. car g. On 28-08-95 accused Jagtar
Singh Hawara and Balwant Singh brought some more arms and ammunition and kept the same in the house of Jagrup Singh. And after that some of the arms and ammunition were shifted to the house of accused Navjot Singh. h. after On 30-08-95 accused Lakhwinder repaint and as per the plan he
Singh and Dilawar Singh brought the car along with accused Jagtar Singh Hawara, Balwant Singh and Dilawar Singh reached Secretariat to kill Beant Singh at about
4/4.30 left day. i.
pm
but
Beant
Singh and
had as
already they
the
Secretariat
such
came back to do the needful on the next
On 31-08-95 they all again reached
Secretariat and at about accused Dilawar Singh did the needful and killed Beant Singh. j. he He had also confessed the that car he and Jagtar had also Singh
already shown the house of S.K Dutta from purchased where identified the house at village Jhingran Kalan from accused Hawara brought RDX. 154. Similarly, a perusal of the confession of Jagtar Singh Tara, Ex.PW-164/4, shows
co-accused
that present accused Parmjit Singh was first amongst all of them, who has hatched the conspiracy with their co-accused Jagtar Singh Hawara and others. It is confessed by Jagtar Singh Tara, that it was only on the persuasion of accused Paramjit Singh Bheora, he agreed to become part of this conspiracy and help all of them to fulfill their object of killing Beant Singh. other Similar facts have been in reiterated their by the co-accused there persons some respective in the
confessions. No doubt as argued by learned defence counsel, are contradictions confessions of all the three co-accused but those have no relevancy because it is already held that those confessions are admissible in evidence and in this case they are pressed into service only to link the present accused with the conspiracy. Thus, the
confessions present conspiracy execution the
of from
co-accused clearly proves that the was the also part of as and parcel of the its costage Singh, planning alleged by till the
accused
and he was also having a motive to kill Beant
deceased
accused persons in their confession. 155. As submitted by learned defence counsel and
as held above, these confessions can not be made sole basis to link the present accused with this conspiracy and conclude the case unless corroborated generally. compare accused Shamsher accused. 156. In view of the above discussion, now let us As such let us scan the the evidence rest of Tara of and the and Beant the confessions Singh, leading with Jagtar to the
evidence to decide whether the facts disclosed by Balwant Singh Singh killing
Singh, also proved the role and involvement present
proceed further and assess the evidenciary value of the confessions made by the co-accused persons in the light of other evidence adduced in this case to ascertain the involvement of the preset accused in this conspiracy and its execution. Motive behind conspiracy, if any, its proof and relevancy. 157. say, the To start with, let us take the existence prosecution is not bound to prove the
of the motive, if any and its relevancy. Needless to motive of offence in any criminal trial, in as much
as motive is known only to the perpetrator of the crime and may not be known to the others. However,
if
the
motive
is
alleged
and
proved
by
the
prosecution, the court has to consider it and see whether it is adequate. 158. In this regard, the Hon'ble Apex Court in
Suresh Chandra Bahri and others Vs. State of Bihar, AIR, 1994, Supreme Court, 2420 held that sometimes motive plays and important to commit a role crime and and becomes a compelling force therefore
motive behind the crime is a relevant factor for which evidence may be adduced. A motive is something which prompts a person to form and opinion or intention to do certain illegal act or even a legal act but with illegal means with a view to achieve that intention. In a case where there is clear proof of motive for the commission of the crime it affords added support to the finding of the Court that the accused was guilty for the offence charged with. But it has to be remembered that the absence of proof of motive does not render the evidence bearing on the guilt of the accused nonetheless untrustworthy or most often it is only the unreliable because
perpetrator of the crime alone who knows as to what circumstances prompted him to a certain course of action leading to the commission of the crime. 159. the Accordingly in the present case, as held in main judgment, the motive behind this
assassination as alleged by the prosecution is duly established on record from the detailed evidence and confession of co-accused-convict, Balwant Singh, not made to the Police or a Magistrate but before this Court during the trial and after the completion of trial and it is proved that co-accused-convict, Balwant Singh and deceased assassin Dilawar Singh
had killed Beant Singh for the cause of independence of Khalistan and because himself the of as the fact that of Beant Guru Yudh Singh was killer of thousands of innocent Sikhs and started theory Morcha' claiming that incarnation of Gobind Singh. He also justified the killing with a during period 'Dharam by the Sikh community for the religious and
political demands of the Sikhs, the Govt of India, led by Congress, was not happy and with an intention to suppress the movement, the Govt of India in June, 1984 mounted by an operation which the known armed as force 'Blue Star Operation', personnel
entered the Golden Temple Complex at Amritsar and ravaged the same resulting into loss of life and property as well as damage to Akal Takhat at Golden Temple and killed thousands of innocent persons. 160. the And as per this accused, it has offended religious was feelings expressed of by Sikh every community Sikh. Not and even
resentment
this, after the killing of Indira Gandhi, then Prime Minister of India, the Congress Govt indulged into riots murder in Delhi who no and killed has so been many innocent with against Sikh the the persons, were having no connections taken
and
action
guilty. And because of this act & conduct of Beant Singh, they decided to kill him and he along with deceased 31.8.1995. 161. with the Even same that accused theory the Jagtar and Singh The Tara (since Assassin Dilawar Singh killed him on
proclaimed offender) has also confessed this crime motive. prosecution behind this alleged main organization
conspiracy was Babbar Khalsa International, headed
by
accused this hours FFF,
Wadhawa
Singh
and
Mehal
Singh,
who
hatched within mark
conspiracy in collusion with accused of with the killing, some fax messages, and news these paper of a
Jagtar Singh Hawara. And it is already proved that which are mark AAA, mark BBB, Mark CCC, mark DDD, their received photocopies by various for the documents, has that And taken were the
agencies, wherein the Babbar Khalsa International, responsibility Singh Khalsa Wadhawa and this killing also deceased Beant fact further was shows
Babbar accused
International Singh and
perpetrator of the conspiracy to kill Beant Singh. Mehal Singh were actively associated with this conspiracy to fulfill the motive for which this conspiracy was hatched. And lastly accused Balwant Singh along with accused assassin Dilawar Singh, were also having a motive to kill Beant Singh, may be under a bonafide belief that by killing Beant Singh, they may gain their religious goal. Needless to say the crime charged is not simply the murdering a human being, but it is the crime of assassination of a duly elected Chief Minister of a State. No doubt, the motive for the crime goal, persons was by not only playing like personal with and as such of it can be perpetuated under such a motivated religious sentiments Balwant Singh vulnerable and Dilawar
accused
Singh, who even forget that this act is going to kill some innocent persons also and so happens in this case. 162. file As discussed earlier, it is proved on the that Babbar this Khalsa crime International either directly has or
perpetuated
indirectly. No doubt, as argued by learned defence
counsels,
the
story
of
the
prosecution
that
the
conspiracy of this crime was initiated in Pakistan by accused Wadhawa Singh and Mehal Singh, has not been substantiated during the trial, as none of the prosecution witnesses could say anything or to show any evidence to show that this conspiracy was initially initiated in Pakistan. At the same time we cannot overlook the fact with the kind of bilateral relations between India and Pakistan, the possibility of support of our neigbhour to create unrest in India cannot be ruled out. 163. A further perusal of the evidence of
prosecution shows that when the facts stated in the confessions by the co-accused of the present accused were compared with the evidence, in the light of surrounding circumstances and probabilities of the case, it comes out that these are corroborated by further evidence and goes to prove the previous act & conduct of of accused conspiracy, Paramjit its Singh leading and to its planning preparation
execution and it also proves the subsequent act of the accused during the time, he remained escaped and stayed at various by places the and the same is also corroborated extra judicial confession
suffered by him and there is nothing improbable or unbelievable and it also appears to be spontaneous account, giving vivid details about the manner of commission of the crimes in question, which only the perpetrator of the crime could know and thus those confessions are sufficient alone and is also admissible against the present accused under section 30 of the Evidence Act subject to the condition that there must be broad and general corroboration to the same.
164.
In order to be assured of the truth of
confessions, let us scan the entire evidence of the prosecution and compare it with confessions and to look for corroboration. But as far as the nature of corroboration position meticulous is concerned, above, of as it the per should entire the legal be discussed not
examination
material
particulars and it is enough that there is broad corroboration in conformity with the general trend of the confession and taken as a whole it fits into the the facts proved by the evidence, even if it has been retracted later on. 165. assurance In substance, all the court that should the have
from
angles
retracted
confession was, in fact, voluntary and it must have been true. But it does not necessarily mean that each and every circumstance mentioned in the confession regarding the complicity of the accused must be separately and independently corroborated, nor it is required that the corroboration must come from the facts and circumstances discovered after the confession was made. 166. of the parties, proved Accordingly, after considering the evidence prosecution it comes following and out contentions that the of both the has prosecution
additional
circumstances,
which
prove the participation of the present accused in this conspiracy and its execution Association of accused Parmajit singh with co-accused convicts, Balwant Singh, Jagtar Singh Tara and Jagtar Singh Hawara and with other accused persons including
accused assassin Dilawar Singh and joining the conspiracy.
167. is his
The next circumstance which goes to prove association with the co-accused convicts,
the involvement of this accused in this conspiracy Balwant Singh and Jagtar Singh Hawara and absconding accused Jagtar Singh Tara and other accused persons. 168. by the As held earlier, from the confessions made co-accused convicts which is held to be
admissible against the present accused, coupled with other facts and circumstances, it comes out that, no doubt, the stand of all these co-accused regarding the association of all of them with each other is admittedly not parse sufficient to say that the present accused was also member of this conspiracy but it certainly goes to show that since accused Jagtar Singh Tara and present accused were old friends and members of Akhand Kirtani Jatha, they met each other and were having confidence in each other thus conspired together and planned to kill Beant Singh and later on they came in contact with co-accused convicts, Balwant Singh and Jagtar Singh Hawara and joined them in this conspiracy and accused Paramjit Singh performed his part of role as assigned to him and then escaped. But whether the association of this accused with them was a consideration for conspiracy, will be seen after the entire evidence. 169. The most material witness of the
prosecution on this aspect is PW-9, Inderjit Singh, who was known to accused Paramjit Singh and before whom accused Paramjit Singh, Navjot Singh and
Jagroop Singh disclosed in the month of July, 1995 that Singh they by and are the going to kill Tara Beant were Singh. known to It is alleged prosecution singh that accused Parmajit this
Jagtar
witness as he used to perform Kirtan in Gurudwaras and met the accused in this precess and they become friends. Later on this witness asked Parmajit singh to arrange some job for him and some where in the month of July, 1995, Paramjit Singh called this witness to Mohali and took him to the House of his sister and he started residing their. And he was also carrying his voter identity card, Ex.PW-9/1 with him. It is further alleged that during that time co-accused Jagtar Singh Tara and Jagtar Singh Hawara came to the house of Jagroop Singh and Paramjit Singh told this witness that all of them are going to do a big work and become martyrs. It is further disclosed alleged him that later are on all to the accused Beant that they going kill
Singh as he is enemy of Sikhs and doing atrocities upon sikhs and he should help them and they asked him to take a vow in the Gurdwara of Phase IV, Mohali but he refused obliged them and on this they locked him in the room but some how he escaped from that place but his voter identity card remained their. In this way it is alleged that the accused made a disclosure of their plan to this witness. 170. contrary, However, during the trial this witness has he disclosed that he was knowing one
not deposed anything as per the above facts. On the Paramjit Singh, who called him to Mohali to provide him employment and he lived there and met varous persons. Although, he admitted that he also knows the house of sister of Paramjit Singh at Mohali and
stayed there for some time but he denied that he met accused Navjot Singh, Jagtar Singh Hawara and Paramjit Singh in the house of Jagroop Singh, where they disclosed about the killing of Beant Singh. 171. However, this endeavour of this witness
proved in vain because when he was cross examined by the Public Prosecutor after declaring him hostile, he admitted some facts, which are sufficient to say that the stand taken by this witness before the CBI during investigations was correct and true but he has denied that only to favour the accused being won over and it is proved that he remained associated with the present accused and other co-accused persons and they tried to make him part of their conspiracy as he was also a baptized Sikh having faith in their ideology.
172.
evidence
Incidentally, not
by
now
it
is
settled
proposition of law that in the event of a portion of being consistent with the statements imply which all the given u/s 161 Cr.P.C and the witness stands declared hostile, that does not, however, mean and total subject rejection to a In of close this evidence. scrutiny we The of can portion, the over to
stands in favour of the prosecution can be accepted statement. regard, refer
observation made by the Apex Court in State of U.P. Vs. Ramesh Parsad, AIR, 1996, Supreme Court, 2766, as well as Gurpreet Singh Vs. State of Haryana, AIR, 2002, Supreme Court, page 3217. 173. Similarly in Bhagwan Singh Vs. State of
Haryana, AIR, 1976, Supreme Court, 202, the Hon'ble Apex Court reiterated the above settled principle of
law
and
held
that by
mere the as
fact
that
witness him
is and
declared unreliable from in the
hostile witness
party to
calling his The bar
allowed to be cross examined does not make him a so exclude evidence evidence, to base a consideration and there is altogether. no legal
which comes in favour of prosecution is admissible trial conviction upon such a testimony if corroborated by other reliable evidence. 174. above, As when per the the proposition of law of discussed PW-9 was
cross
examination
considered, it comes out that this witness has not only supported the case of prosecution as alleged through him but the same is also corroborated by the confession of the co-accused persons. 175. As mentioned above, although in his
examination in chief PW-9 tried to say that although he knows Paramjit Singh and jagtar Singh Tara but they never met him in the house of Jagrup Singh along with co-accused jagtar Singh Hawara and others and that they asked him to become member of their group and they are going to kill Beant Singh but during the cross examination However he alleged that he of was this forced by the CBI to make statement, Ex.PW-9/2 to above effect. this endevour witness proved futile as he admitted that he knows accused Paramjit Singh and being friendly with he he requested accused Paramjit Singh to arrange some job for him and ultimately, he came to Mohali, where accused Paramjit Singh was residing in the house of his sister, which is near a Gurudawara near Phase IV Mohali. He further admitted that he also knows Jagroop Singh, who also lives in Mohali and said
Jagroop accused
Singh Jagtar
was
introduced alias
to
him who
by
accused is a
Paramjit Singh. He also admitted that he also knows Singh Tara, also friend of accused Paramjit Singh and he also came to the house of accused Paramjit Singh at Mohali. Then he further admitted that during his stay at Mohali he also stayed in the house of Jagroop Singh. Although he denied that accused Jagtar Singh Hawara also came to Mohali and all of them assembled in the house of Jagroop Singh, where they told him about their conspiracy to kill Beant Singh and also asked him to help them but he refused and on this, they locked him in the house of Jagroop Singh, however, later on, he ran away from that house some how. 176. However, on further cross-examination he
admitted that Ex.PW-9/1 is his voter identity card which was recovered from the house of Jagroop Singh and that he left that card in that house while leaving that house. However, he had denied the main fact only because he was won over by the accused persons or may be under the fear. In this regard, it is apposite to mention that on 4.2.2000, when he appeared in the court to make the statement his statement could not be recorded and on that date when he came out of the court, the co-accused who were being tried in the main case met him in the Jail premises and talked to him and the story of the prosecution is that those accused persons threatened this witness and asked him not to dispose any thing against them and from the cumulative effect of his cross-examination, it comes out that by admitting the above facts but denying the mainly facts it can be safely said that he has been won over by the accused persons. However, whatever may be the facts,
one thing is duly proved from the testimony of this witness that accused Paramjit Singh was associated with the other accused persons during the time this conspiracy was planned and thus, the case of the prosecution that he is part and parcel of the conspiracy is well founded. 177. Similarly, PW-56 Charanjit Singh, who is with Jodh
also known to accused Paramjit Singh, also proved the association of accused Paramjit Singh Singh and then with accused Jagtar Singh Hawara. No doubt, PW-56 has also denied disclosing this fact to the CBI during the investigation but during his cross-examination, he admitted that he was arrested by CBI at Delhi and put on trial. Although he denied that during that he was introduced with accused Jagtar Singh Hawara by accused Paramjit Singh but his testimony also proves the association of accused Paramjit Singh, Singh was with him and at in turn with and Jagtar he met Singh Hawara. He also admitted that he knows Ram who residing Gaziabad Jagtar Singh Hawara in the house of Ram Singh and Jagtar Singh Hawara has once asked him to become member of the conspiracy and act as Human Bomb but he declined of this. this Be that witness as it also may be, the the testimony accused. 178. Then PW-62, Jagdish Singh, brother in law proves
association of
accused Paramjit Singh with the co-
and PW-63, Harmohinder Kaur, real sister of accused Paramjit Singh, also admitted that in the year 1995, they were residing in House No. 511, Phase IV Mohali where friends of accused Paramjit Singh used to come and stay and they admitted that Charanjit Singh,
Inderjit
Singh
used
to
stay
in
their
house.
No
doubt, these two witnesses are also the witnesses before whom when appeared accused Paramjit Singh has disclosed in the Court and it was obvious about this conspiracy but they have denied this fact because they are closely related to accused Paramjit Singh. However, they admitted that for the last time they see accused Paramjit Singh on 30.08.1995 and after that they only met him in Burail Jail and then they admitted that during the investigation of this case, they came to know that accused Paramjit Singh is also involved in this case and he ran away from the house and his whereabouts are not known. 179. once he Not even this, PW-62 further admitted that requested the other brother of accused
Paramjit Singh that accused Paramjit Singh is wanted in this case and in case they are able to locate them they should do so and handover him to the CBI. PW-62 also admitted that even accused Jagtar Singh Tara used to stay in his house and at once time Charanjit Singh also stayed in their house. 180. alias Singh In addition to this, PW-82, Harjit Singh Raja, and of who is also as knowing he used accused to work Paramjit in the and
Singh deposed that he was knowing accused Paramjit his family of factory brother accused Paramjit Singh
they were visiting each other house and thus, they were friends. He further deposed that in the month of September, 1995, he met Paramjit Singh in the factory and on his asking accused Paramjit Singh told him that he had come from Punjab and on further talks, accused Paramjit Singh further disclosed that he has an apprehension of his arrest in the case of
assassination
of
Beant
Singh.
The
stand
of
this
witness also fortified the case of the prosecution about the involvement of accused Paramjit Singh. 181. to factum of Then PW-141, Hira Singh who is also known accused Paramjit Singh has also proved the accused Paramjit Singh residing at Delhi
and working with his brother Jarnail Singh and his association with PW-82, Harjit Singh. The testimony of this witness dated is relevant with regard to an occurrence 11.9.1995, when accused Paramjit
Singh came to his house to take shelter alleging that the police has raided his house but during the statement in the court he denied this fact. However, the association of accused Paramjit Singh with the other accused persons is also fortified from his statement. 182. Lastly, PW-151, Tarlochan Singh, who is
also knowing accused Paramjit Singh and Harjit Singh alias Raja, who is his cousin brother and he deposed that after 15 days of the assassination of Beant Singh, accused Paramjit Singh met him and he was perplexed at that time and further stated that the police is looking for him in view of some quarrel and asked him to sell his scooter as he is in need of some money and he accordingly, arranged the sale of the scooter. He has further admitted that Harjit Singh alias Raja also met him during those days and expressed similar apprehension. 183. accused The testimony of all the above discussed thus clearly proves the association of Singh with other co-accused and Paramjit
witnesses,
thus, corroborates the stand taken by accused Jagtar
Singh
Tara
in
his
confession
as
to
the
role
of
accused Paramjit Singh in this conspiracy which is further supported by co-accused Balwant Singh and other evidence. Purchase of Car No.DBA-9598, by co-accused Jagtar Singh hawara and Jagtar Singh Tara, from S.K.Dutta and handing over the same to accused Paramjit Songh for Repair of car from PW-87, Himmat Singh alias Bhai Mistry further action to use it in the commission of this crime. 184. As held in the main judgment, Car No.
DBA-9598, which was exhibited as Ex.P-76 in the main case and Ex.PW-205/ Article-X in the present case, was near the used the finger by site the of co-accused blast and persons found for the commission of this crime, as it was recovered from containing incriminating articles as discussed above including prints of co-accused convicts, Balwant Singh and Lakhwinder Singh. 185. It is further proved that this car was
purchased by co-accused Jagtar Singh Hawara with the help of co-accused Jagtar Singh Tara from Delhi and then brought to Chandigarh. Thus, let us analyse the evidence of the prosecution in this regard against present accused Paramjit Singh Bheora, against whom this is the most material circumstance to link him with this conspiracy. 186. Jagtar In Singh this regard, after the it is alleged the the by car the in
prosecution that co-accused Jagtar Singh Hawara and Tara, purchasing car to question, delivered said present
accused Paramjit Singh with a instructions to get it
fit and repaired from a known mechanic to make it fit for parked by long drive and also to get affixed black the accused Paramjit Singh outside his film on the window panes. The car was accordingly house in Vishkarma Park, Laxmi Nagar, Delhi. Later on, on 21.8.1995, accused Paramjit Singh contacted PW-87 Himmat Singh alias Bhai Mistri and get the car repaired and also get affixed black film on the window panes from the said mechanic and brought back the car to his house. As such, PW-87 Himmat Singh alias Bhai Mistri is the most important witness of the prosecution against the present accused, to prove the possession of the car with the accused Paramjit and repair of the same on his instructions. 187. Accordingly, PW-87 Himmat Singh alias Bhai
Mistri, when appeared in the witness box tried to allege that although he repaired the car in question and affixed black films but it was so done by him on the instructions of Jarnail Singh Jogi, brother of the present accused Paramjit Singh and thereby tried to allege that accused Paramjit Singh never contacted him for the repair of the car in question. However, this endeavour of this witness proved in vain because when he was cross examined by the Public Prosecutor after declaring him hostile, he
admitted the entire case of the prosecution, which is sufficient to say that the car in question was in the possession of accused Paramjit Singh and he get it is repair being from used PW-87 to as per the the instructions object of of the Jagtar Singh Hawara and fully knowing that this car fulfill conspiracy to kill Beant Singh. 188. Incidentally, by now it is settled
proposition of law that in the event of a portion of evidence not being consistent with the statements imply which all the given u/s 161 Cr.P.C and the witness stands declared hostile, that does not, however, mean and total subject rejection to a In of close this evidence. scrutiny we The of can portion, the over to
stands in favour of the prosecution can be accepted statement. regard, refer
observation made by the Apex Court in State of U.P. Vs. Ramesh Parsad, AIR, 1996, Supreme Court, 2766, as well as Gurpreet Singh Vs. State of Haryana, AIR, 2002, Supreme Court, page 3217. 189. Similarly in Bhagwan Singh Vs. State of
Haryana, AIR, 1976, Supreme Court, 202, the Hon'ble Apex Court reiterated the above settled principle of law and held that by so mere the as fact that a witness him is and declared unreliable from in the hostile witness party to calling his The bar
allowed to be cross examined does not make him a exclude evidence evidence, to base a consideration and there is altogether. no legal
which comes in favour of prosecution is admissible trial conviction upon such a testimony if corroborated by other reliable evidence. 190. above, As when per the the proposition of law of discussed PW-87 was
cross
examination
considered, it comes out that this witness has not only supported the case of prosecution as alleged through him but the same is also corroborated by the confession of the co-accused persons. 191. As mentioned above, although in his
examination in chief PW-87 tried to say that it was
Jarnail Singh Jogi, brother of Paramjit Singh who came to him for repair of the car in question but when he was confronted with the statement made by him before the CBI, Ex.PW-87/1, he admitted that he has stated to CBI that on 21/22.8.1995 accused Paramjit Singh, who is younger brother of Jarnail Singh Jogi came with steel Grey colour Ambassador car and bearing he Registration No. DBA-9598 for repairs repaired the car. He also accordingly
admitted that accused Paramjit Singh had requested that car be repaired urgently and a black film is affixed on the glasses of car. 192. the He further admitted that apart from Jarnail brother of Jarnail Singh. Then he has not
Singh Jogi, one more person was with him and he was denied of stating to the CBI that on 23.8.1995, the car was taken by the accused Paramjit Singh, from him after paying the repair charges and at that time one more Sikh boy was with him, who had also visited his workshop earlier also with Paramjit Singh on one or two occasions. In addition to this he has also admitted that he know Jagjit Singh father of the accused and his brother Jarnail Singh for the last about 15/18 years as he is staying in the same area where the accused and his family is staying. 193. identify Although he tried to say that he cannot the accused present in the court as Singh but in
Paramjit Singh, the brother of Jarnail
view of the facts mentioned above, it is proved that he is stating so being won over by the family of the accused. It cannot be believed that this witness is knowing the father of the accused, his brother and even the accused by his name and he also admitted
that it was the accused Paramjit Singh, who came to his workshop along with his brother, Jarnail Singh Jogi and asked him to repair the car and affix the black films on its glasses and if it is so, it cannot believed that he cannot identify him in the court. On the contrary, the only inference which can be drawn from above the is facts that admitted he tried by to him and as the mentioned favour
accused for the obvious reasons being a known friend of the accused and his family. 194. in Once, he admitted that he repaired the car on the instructions of the Paramjit
question
Singh, the entire stand of the prosecution that the car in question was handed over to Paramjit Singh, who is already proved to be a part of the conspiracy and it remained in his possession till 23.8.1995, it automatically proves that the same repaired by this witness on the asking of Paramjit Singh and he is knowing him being a neighbour and family friend and thus, Jagtar present this Singh fact proves the first over his the link car of to the the the prosecution that after purchasing the car co-accused Hawara and handed as per accused instructions,
present accused got repaired the car and make it for for long drive. 195. In view of the above discussed, legal and
factual position, it is held that there is overwhelming evidence on the file, which proves that as per their plan, accused Jagtar Singh Hawara and accused Jagtar Singh Tara purchased car no. DBA-9598 from S.K.Dutta and then kept the same in the house of accused Paramjit Singh and after purchasing the car co-accused Jagtar Singh Hawara handed over the
car
to
the
present
accused
and
as
per
his
instructions, the present accused got repaired the car from PW-87 and make it for for long drive. Thus, it is proved that the accused Paramjit Singh was part and parcel of this conspiracy and he did the above act in pursuance of the conspiracy and to achieve the object of the conspiracy and as such, the confessions made by his co-accused Jagtar Singh Tara to this effect is duly corroborated and justified. Taking the Car to Patiala and then to Mohali and Chandigarh, along with the Arms and Ammunitions along with co-accused convicts. 196. on The next circumstance relied upon by the 24.8.1995, Jagtar accused Singh Paramjit Tara, came Singh to along Patiala with and
prosecution is that after getting the car repaired, accused
reached Panjabi University, Patiala as directed by Jagtar Singh Hawara and Balwant Singh and then on the next date, Singh they at met Jagtar Singh Hawara and Balwant Gurudwara Dukh Niwaran Sahib,
Patiala, where assassin Dilawar was also present and then they left Patiala and reached village Jhingra Kalan, in the car and collected two bags containing arms and ammunitions including explosives and remote control devices from the house of co-accused Nasib Singh convict and then all of them reached House No. 981, Phase VI, Mohali, of co-accused Balbir Singh. 197. Balwant disclosed The the co-accused in above their Jagtar in Singh Tara and These
Singh
respective
confessions
facts
details.
confessions were recorded at two different places by
two
different of
Magistrates any collusion and
as on
such, the these
there part
is of
no the
question the
Judicial Magistrates to mention same facts in both confessions thus, confessions corroborate the stand of each other and thus, itself sufficient to prove the circumstance in question as there was no other person except the five accused persons involved in this exercise. Above all in the main judgment, it is proved that some part of RDX kept by the from accused the Jagtar of Singh Hawara was recovered house co-accused convict,
Nasib Singh and the RDX recovered from the house of co-accused convict, Gurmeet Singh and that of Nasib Singh, accused were similar and thus it proves his that the Paramjit Singh accompanied co-accused
along with RDX and other instruments fully knowing that those are to be used to make Human bom belt and to achieve the target and thus links the accused Paramjit with entire case. Repainting of Car from PW-205, Surinder Sharma Painter by present accused along with his co-accused persons and identification of accused Paramjit Singh by PW-205 in Test Identification parade held in Central Jail, Jammu, by PW-202. 198. The other material circumstance brought by is that after procuring to the car from via
the prosecution to link this accused person with the conspiracy Delhi, the same was brought Chandigarh
Patiala and Mohali and when it was shown to main accused, he asked to get the colour changed to offwhite to make it look like a Govt vehicle and this work assigned to present accused and he was asked to take the help of co-accused as per their prior planning, accused Lakhwinder Singh, who was known to
PW-205, Surinder Sharma, a painter, approached him along with the other present accused, co-accused persons, Balwant Singh, Dilawar Singh and Gurmeet Singh, along with for the repainting of Ambassador Car No. DBA-9598, car in question and asked him to change the colour of the car from Steel Grey to offwhite and thereafter from 26.8.1995 to 30.8.1995, all these four accused persons contacted him in this connection either collectively or individually or in group of two. 199. In addition to this, it is further alleged
by the prosecution that since accused Parmajit was not known to PW-205, he could not name him earlier but after the arrest of accused Paramjit Singh at Jammu, he was kept in Jammu Jail with muffled face and on the Puneet Surinder request Gupta, of then prosecution, Judicial a Test Identification Parade was conducted in the Jail by PW-202, Jammu PW-205 Magistrate, the accused and during that Test Identification Parade, Sharma, identified
Paramjit Singh, as the person, who accompanied the co-accused persons, for the from the testimony of purpose of repainting along with the of the car. And this aspect is duly proved on record PW-205 witnesses relating to test identification proceedings 200. deposed On the contrary, learned defence counsel as per the whims of CBI and and the factum entire of
argued that PW-205 is a stock witness of CBI, who identification proceedings
identification of Paramjit Singh by PW-205 in those proceedings was vehemently disputed by the Learned Defence counsel alleging has that been the test after identification parade conducted
manipulating the facts as the accused Paramjit Singh was Jammu already shown to till PW-205 as he remained when in Test custody from 13.8.1997, when he was arrested by the Police 8.10.1997, Identification Parade was conducted.
201.
In
view
of
the
above
rival
contentions,
let us scan the evidence of PW-205 with reference to the objections raised by learned defence counsel in this regard to assess this aspect of the case. 202. Accordingly, of PW-205, Spray Surinder Paint, Sharma, Sector 7
Proprietor
Surinder
Chandigarh, when appeared in the witness box, has deposed that co-accused, convict, Lakhwinder Singh of Kansal was known to him through one Madanjit Singh as Lakhwinder Singh was working as Constable in Punjab Police. Lakhwinder Singh was visiting his shop for the last 1 years prior to 1995 for getting the job of denting and painting done from him. On 26.8.1995, Lakhwinder Singh came to his shop with three other persons in Ambassador Car bearing No. DBA-9598, of Steel Grey Colour. They wanted to get the same car painted white. After seeing the car standing outside of the court, he identified it as the same car, which was brought by Lakhwinder Singh along other three companions on 26.8.1995. Lakhwinder Singh told him that this car belong to his three companions. They asked to get the car, dented painted within 2 or 3 days. Since it was the rainy season, then he told to do the denting work after three days. They told me that he should at least get the said car painted white from outside. The said car is PW-205/Article/X. They agreed to pay Rs.3000/- for the said denting and painting work and
had
paid
Rs.
1500/-
as
an
advance.
All
of
the
aforesaid persons went away and again came at 5 or 5.30 PM on the said date along with the car and deliver the same to him for getting the denting and painting job. 203. deposed those He in persons further the deposed that he had already
main case and during that two of Lakhwinder Singh and Gurmeet Singh,
were identified him in the court in the main case. The identity of third person was fixed by him as Dilawar Singh (Human Bomb) by seeing the photo. But the fourth etc. person, was not who has came the with Lakhwinder of that Singh amongst accused
trial, when he deposed in that case. 204. He also stated that the aforesaid car after
getting it painted white from outside was given to the accused persons on 30.8.1995. During the period, 26.8.1995 to 30.8.1995, one more person had also visited his shop for seeing the progress work and identity of the person was given him by identifying in the court, as co-accused Balwant Singh. In this way he deposed that accused Paramjit Singh is the fourth person, who had come on 26.8.1995 to his shop along And with he had Lakhwinder, Dilawar and Gurmeet Singh. also identified him in Test Parade
identification conducted at Central Jail, Jammu on 8.10.1997 before a Magistrate. 205. He further stated that accused Paramjit
Singh along with 8-9 persons were paraded and he was asked to identify him and he accordingly, identified him and a memo of identification, Ex.PW202/A was prepared and he signed the same and identify the
signatures
as
Ex.PW-205/1.
He
further
stated
categorically that he had seen the accused for the first time on 26.8.1995, when he came to his shop two times and thereafter, he had seen and identified him in Jammu Jail on 8.10.1997. He had not seen him or even his photograph at any point of time, during the said period. He reiterated that accused Paramjit Singh is the same person, who had come to him along with said car on 26.8.1995 along with Lakhwinder Sing, Dilawar Singh and Gurmeet Singh. 206. Chief He further stated that Beant Minister, Singh, then
Punjab, was assassinated, by Bomb
Explosion on 31.8.1995. Later on, the aforesaid car was found abandoned in the premises of Punjab Civil Secretariat, Chandigarh. The photograph of the said car was published in the newspaper and on seeing the same, he immediately identified that it was the same car which was painted and delivered to the accused persons. He told the aforesaid fact to SI, Ram Kumar of Chandigarh Police, on 2.9.1995 him and and later he on, had Chandigarh Chandigarh. 207. At the same time, the factum of repainting Police, contacted
identified the said car in Police Station Sector 3,
of car is also corroborated from the testimony of PW-108, Ranjit Singh, owner of the Ranjit Workshop, Sector 1995, 7, Chandigarh, Surinder who when stepped who is into the a witness box deposed that in the last week of August, PW-205, Sharma, running denting and painting shop on the back side of his workshop and known to him, approached him with a request Service to allow him to use the backyard of his which is a covered shed for Station,
painting a car as it has to be delivered on the following day and it was raining on that day, he permitted never used PW-205 by No to use his shed for the said purpose. He denied the suggestion that his shed was PW-205 for the painting of car in doubt, his this witness proves has the neither of question. but
identified the car nor any of the accused persons certainly testimony factum painting of the car by PW-205 in his shed as stated by him. 208. The entire identification proceedings and
factum of identification of Paramjit Singh by PW-205 in those proceedings was vehemently disputed by the Ld. Defence counsel parade the alleging has as been the that accused the test after identification manipulating conducted
facts
Paramjit
Singh was already shown to PW-205 as he remained in custody from 13.8.1997 when he was arrested by the Jammu it is Police alleged of him to till that accused during as the 8.10.1997, admitted by when PW-205 was as it Test the is Identification Parade was conducted. First of all, photograph shown Paramjit Singh already
investigations
admitted case of prosecution that the name of this accused surfaced in the month of October 1995 itself and even the photograph of the accused was published in the newspapers, when he was arrested by the Jammu Police, copies of which have been proved on record by the defence witnesses. 209. Then he argued that it is proved PW-205, is
stock witness of the police, who has deposed as per the desire of Chandigarh Police and CBI and lastly, it is highly improbable that PW-205 can identify the
accused after a gap of more than two years despite the fact that the accused was neither known to him earlier nor he could give the details of his vital statistics, when he was earlier examined by the CBI. Then he also admitted that when the accused and his other co-accused came to him for repainting of the car, he had not talked to accused Paramjit Singh or otherwise, introduced deal by with him and he was not even as co-accused Lakhwinder Singh and
such, there was no special reason that why he will remember the accused. Then it is admitted case of PW-205 that accused Paramjit Singh came to his shop only once in the morning of 26.8.1995, whereas, earlier he alleged that he came to his shop for two times. 210. Then he admitted that the CBI has shown him
some photographs and he identified the photograph of Parmajit Singh some 15 days prior to going to Jammu, but later on, on the re-examination of this witness, he changed his stand alleging that no photograph of Paramjit Singh was ever shown to him by CBI and this stand has been changed by this witness on the pressure of CBI. In this way, Ld. Defence counsel alleged that test identification parade are based on manipulated contradictory facts stand and of keeping PW-205 in no view the self be reliance can
placed on his testimony and it is proved that he identified Paramjit Singh in Jammu jail as per the photographs shown to him. 211. question Needless to say, it is already held in the by PW-205 on the asking of co-accused
main judgment that factum of repainting of car in convict, Lakhwinder Singh and others is duly proved
as such, this case the only question to be seen is that his whether shop for the the accused work Paramjit Singh of was car the in fourth person, who accommodation Lakhwinder Singh to of repainting question. It is also undisputed fact that during the main case PW-205, failed to identify or name the fourth person alleging that he is not present in the court, obviously for the reason that by that time accused Paramjit Singh was not arrested. Be that it may be, now let us see whether the stand of PW-205 is convincing and reliable and thus goes to prove the identity of the present accused as one of the conspirators. 212. of the Needless to say PW-205, is the only witness prosecution, who has seen the accused
Paramjit Singh Hawara with the remaining co-accused persons, prior to the bomb blast in question and the testimony of this witness was the only evidence, to directly link the accused with this conspiracy. At the same time, once it is proved that the car in question was repainted by this witness, he was the most natural witness to prove the identity of the persons came to him for this purpose. Accordingly, he has stated so when stepped into the witness box as such, let us take the objections of Ld. Defence counsel, put forward to challenge the testimony of this the witness alleging that he has to identified him to during the the the test present accused only on the asking of photographs already and then shown investigations prior CBI, as per
identification parade proceedings. 213. To the advantage of this court, the defence
has also placed on record the copy of the statement
of this witness made by him in the main case as Ex. D-X and a perusal of that statement shows that at that time, he has categorically stated that four accused who accompanied Lakhwinder Singh came to his shop on 26.8.1995, for getting the car repainted, was not present in the court but now he is present in this case and he had identified the accused in test identification parade conducted in Central Jail on 8.10.1997 before a Judicial Magistrate. He has categorically stated that he had seen the accused Paramjit when he Singh came first to the time show time on on 26.8.1995, times and his two
thereafter, he had seen and identified him in jail on 8.10.1997 and in between the said period, he had neither seen the accused nor his photograph at any point of time. 214. No doubt, during his cross examination, he
was confused and made to admit that some photographs of the persons came to him along with the photograph of accused on, Paramjit because Singh of were shown to him but this later this ambiguity when
witness was re-examined again and a court question was put him to clarify his stand in view of two different stands at the same time, he stated that the stand taken by him in his examination in chief is correct a and about the the as other facts was CBI accused stated of in the of shown and cross Singh some him he examination through identity the Paramjit
photograph of
because had persons
misunderstanding photographs
identified them through the photograph on6.9.1995. Whereas, as far as accused Paramjit, is concerned, he had not seen him after 26.8.1995 till he identified him in the jail and even the photograph
of this accused was never shown to him either during the investigation or before taking him to Jammu for test identification proceedings. 215. Earlier, a suggestion was given to this
witness that he identified the accused except on the basis of a photograph which was shown to him after the arrest of the accused Paramjit Singh and he was asked to identify him in the jail but the witness has denied that suggestion and this itself shows that he was confused with the questions and admitted the identification of two photographs, though, the same relates to some other accused persons. He has also denied the suggestion that the accused Paramjit was already shown to him and that he never came to him. Similarly, when he was cross examined again after his re-examination on 31.3.2009, he admitted that on 6.9.1995, he was shown the photographs of four different persons but he denied that it includes the photograph of Paramjit Singh also. 216. No doubt, he admitted that somewhere in
1997, he was called in CBI office but it was to serve the summons issued by the Jammu Court to join the identification proceedings. He has denied the suggestions that he was pressurized to change his stand already taken by him on 2.3.2009 but he denied it. In view of these facts, the plea of Ld. Defence counsel that PW-205 has identified the accused at Jammu Jail, on the basis of the photographs already shown to him including the photographs published in the newspapers is totally misplaced plea. On the contrary, this witness has already appeared in the witness box in the main case and faced the cross examination for 13 days but his stand remained un-
rebutted and during that he never admitted that he had identified the fourth accused out of the photographs shown to him by CBI but he alleged that he had not identified the fourth person earlier. 217. witness In the examination that all in the chief itself this
stated
accused
including
Paramjit Singh Bheora, came to his shop two times but in his cross-examination he stated that accused Paramjit Singh came once in the morning and remained with him for 15 minutes. However, even it was so, it makes no difference because he has identified the accused in the test identification parade from 10 similar persons lined up collectively. 218. Similarly the plea of Ld. defence counsel
that since there was no talk or deal between PW-205 and Paramjit Singh and he was also not otherwise known, the identification of Paramjit Singh by this witness any that after more than two years is highly improbable, is concerned, this plea is also without substance there because PW-205 has nowhere admitted no talk between him and Paramjit was
Singh. On the contrary, he stated that he remained with Paramjit Singh for 15 minutes and it is the case of the prosecution that it was the duty of to instruct the painter for Paramjit Singh
repainting of the car and other problems and in this manner, it was Paramjit Singh, who had a talk with this witness. Then once it is proved with that PW-205 the for accused Paramjit Singh remained
considerable
time, there was every possibility of
remembering his face and identification marks. 219. As far as the plea that since the
photograph of accused Paramjit Singh was published in the newspaper as proved by the defence witness, it cannot be believed that it was not seen by PW-205, is concerned, when this suggestion was put to this witness, he denied the same saying that he never say the photograph of Paramjit Singh either in the newspaper or otherwise. 220. remained this with Above accused, Shri all the in PW-67, the as Sunit Kumar, who
associated
investigation
against
deposed that he remained associated Assisting Investigating
S.N.Saxena
Officer right from 03.09.1995 till the investigation against accused Paramjit Singh, which concluded in 1997. Accused Paramjit Singh remained absconded during the investigation from 1995 till the third charge sheet is filed or even thereafter. During the course of investigations of certain SN Sexena namely house collected Lakhvinder and was photographs which were persons the
Singh, Gurmit Singh, Balwant Singh, Dilawar Singh, recovered of Jagtar that from Singh no searches photograph further of time. 221. This witness further testified that on Hawara co-accused of
collected from Counter Intelligence Unit Punjab. He stated photograph accused Paramjit Singh came to their possession at any point
14-08-1997, they learnt that accused Paramjit Singh Bheora has been arrested in FIR No. 153 of 1997 at Police Station, RS Pura, Jammu. On 30.9.1997, he was at Jammu with the SN Sexena, DSP. On that date, DSP SN Sexena had moved an application, Ex.PW-203/A before Judicial Magistrate Ist Class. On the same date, another application, Ex.PW-203/B was moved by
DSP
SN
Sexena,
with
request
to
allow
him
to
interrogate Paramjit Singh and the said application was allowed and Mr. SN Sexena interrogated accused Paramjit Singh inside the jail premises at Jammu and involvement of Paramjit Singh in the conspiracy of assassination of the then Chief Minister Beant Singh was confirmed. On inside to keep the jail 01.10.1997, further interrogation in his presence Singh and thereafter, and to of accused Paramjit Singh was done by Mr. SN Sexena application Ex.PW-201/A, was moved before CJM, Jammu accused Paramjit Baparda inform him that his test identification is to be held and test identification parade of accused was got conducted from Surinder Sharma, the Painter at Chandigarh, who painted Car No. DBA-9598. Paramjit Singh accused was not shown to any witness prior to the holing of Test Identification Parade on 08.10.1997. Thereafter, he brought accused Paramjit Singh from Jammu Jail to Chandigarh and produced in the court on He of 18.10.1997 proved PW-9, as This the PW-11, and sent to judicial of PW-19, custody. statements and certified PW-14, to copies
PW-18,
PW-32, PW-35, PW-75. PW-111, PW-118, PW-132, PW-207 PW-248 Ex.PW-67/12 witness Ex.PW-67/24 that respectively. further testified
Mr. SN Sexena, who had since expired and was Chief Investigating Officer of this case, had recorded the statements Cr.P.C.. of The various sanction persons of under Section 161 was Central Government
taken under Section 188 Cr.P.C.. The copy of which is Ex.PW-67/25. On 28.11.1995, Mr. SN Sexena, after meeting the concerned officers obtained the sanction under the Explosives Substances Act, the copy of which is Ex.PW-67/26.
222. of the Surinder
This witness further stated that some part investigation Pal, who was has also also conducted expired. by DSP After
finalization of investigation and procedure, of the requisite sanction orders, a separate charge sheet, Ex.PW-67/27 was filed by SN Sexena, DSP, against Paramjit Singh Bheora accused. 223. Similarly, PW-207, Bhupinder Singh, who was
the supervisory officer of this case and under whom the case was being investigated also deposed that DSP S.N.Sexena, who has since expired, was a Chief Investigating Officer of this case and he worked as such under him. He was supervising officer of this case RC No. 9(S) of 1995, SIC-II, CBI, which was being investigated by Shri SN Sexena. First charge sheet against and in this case was filed in November Jagtar accused 1995 Singh was five accused Singh. persons namely Singh,
alias Tara, Gurmeet Singh, Lakhwinder Singh, Navjot Nasib Paramjit declared as proclaimed offender. The second charge sheet was filed against accused Shamsher Singh in December 1995. The custody of Balwant Singh and Jagtar Singh Hawara was taken by CBI, in January 1996 and after investigation the third charge sheet against both of them was filed. Paramjit Singh could not be arrested even when the third charge sheet was filed and he remained as an absconder. 224. have NO. He further deposed that on 14-08-97, they come 153 to of he know 1997, about Police the arrest of RS accused, Pura. On
Paramjit Singh, by Jammu and Kashmir Police in FIR Station 22.8.1997, along with S.N.Sexena and Inspector
Suneet, went to Jammu and contacted DIG Jammu Shri
SK Mishra. They obtained the copies of FIR from them regarding the case in which, Paramjit Singh was arrested by the Jammu police. On 27.9.1997, they got information from Jammu that police custody remand of Paramjit produce Singh him in is the going to expire and they he will along court. Consequently,
with SN Sexena, PW-67, Suneet and some more officers of the CBI reached Jammu on 28.9.1997. On 30.9.1997, accused was Paramjit for Singh was produced arresting by the Jammu Police in the court and an application, Ex.PW203/A, moved formally the accused Paramjit Singh in this case and requested for his
judicial custody remand. On the same date, another application, Ex.PW-203/B was moved before the court seeking permission to interrogate, Paramjit Singh in Jail and the stated and said that application thereafter the was they also went allowed. to the While identifying a Paramjit Singh in the court, he further Jammu Jail interrogated present accused.
After interrogation, they were satisfied regarding the involvement of this accused in the present case. 225. He then deposed further that on 1.10.1997, CJM, Jammu, for keeping accused Paramjit as he was to The be put for Test Parade (TIP). said application
an application, Ex.PW-201/A was moved by SN Sexena, before the Singh Baparda
Identification
was allowed and the next date for TIP was fixed as 8.10.1997 by the Magistrate. He also reached Jammu on that date and after holding the TIP of accused Paramjit Singh by the Magistrate, from witness Surinder Sharma, he came to know that the accused has been correctly identified by the witness. TIP was held in the jail premises and none of the CBI officers was inside the jail. Inspector Suneet and
other Singh
officers to
later on, brought accused Paramjit Jail, Chandigarh. He has also
Burail
categorically stated that they were not having any photograph of Paramjit Singh with them at any point of time upto the date, when the identification of the accused was held. 226. Sh. No doubt the main investigating officer, S.N.Saxena had died and thus the prosecution
could not prove some of the facts which were in the knowledge of deceased. But from the stand of both the above mentioned police witnesses, it is proved that the CBI was not having the photographs of this accused during the investigations although his name was known through there from Jagtar was the no eye Singh problem Tara in and other him the witnesses. Above all had the CBI been having his photographs, identified law. 227. that the Above worst to worst even if we believe PW-205 firstly saw the photograph of getting from witnesses
photographs and it is also so permissible under the
accused and then identified him in jail, it makes no difference because there is no bar under the law to get an accused identified from photographs if he is not available during the investigations being absconding or otherwise. In this regard the law is duly settled by the Hon'ble Apex Court in Umar Abdul Shakur Versus Intelligence Officer, NCB, AIR 1999, SC, 2562, where the Hon'ble apex Court held that:there is no legal provision which inhibits the identification of an accused by photo graphs and the law laid down by the Hon'ble High Court in Kartar Singh Vs.
State of Punjab, 1994 Crl.Law Journal, page 3139 which struck down Section 20 of the TADA Act , 1987 was also clarified that identification of an accused only on the basis of photo graph as provided u/s 22 of the TADA Act is bad but if a witness appears in the witness box during the trial and correctly identify the accused then the court take into consideration the fact that during the investigations the photo graph of the accused was shown to the witness and he identified that person as the one whom he saw at the relevant time and in those cases the identification based on the photo graphs when corroborated by substantiated evidence makes it as admissible in evidence.
228.
Even in D. Gopal Krishanan Versus Sadanand
Nayak, AIR, 2004, Supreme Court, 4965, the Hon'ble Apex Court held that:there are no statutory guidelines in the matter of showing photographs to the witnesses during the stage of investigation. But nevertheless, the police is entitled to show photo graphs to confirm whether the investigation is going on in the right direction. During the course of the investigation. If the witness had given the identifying features of the assailants, the same could be confirmed by the Investigating Officer by showing the photographs of the suspect and the Investigating Officer shall not first show a single photographs but should show more than one photograph of the same person, if available. If the suspect is available for identification or for video identification, the photo graph shall never be shown to the witness in advance.
229. the
Not even this in Laxmi Pat Choraria Versus Hon'ble Apex Court again while deciding the
Stat of Maharashtra, AIR 1968, Supreme Court, 938,
question
of
identity
by
photo
graphs
of
accused
persons held that:Showing of a large number of a photo graphs to the witness and asking him to pick out that of the suspect is proper procedure but showing a photo graph and asking the witness whether it is the offender is improper. And showing the photo graph of the suspect before identification makes the identification worthless.
230. factual
In view of the above discussed legal and discussion, it comes out that there is
nothing on record to say that the CBI was already having photographs of the accused and shown it to PW-205 and other witnesses and they identified him accordingly. 231. As far as some of the contradiction in the
testimony of this witness in this case vis a vis, his statements recorded in the court in the main case, are concerned, these are there but these are bound to occur because of the lengthy and repeated cross examination of learned defence counsels in the main case for 13 days during the period of five months from 25.2.1997 when his examination-in-chief was recorded partly for the first day till 19.7.1997 when his cross examination was completed. At the same time, as per the settled proposition of law, these discrepancies are not material, as these were pointed out to dispute the question of identity, which is otherwise held to be duly proved in favour of the prosecution. 232. Last but not the least, even where some
facts has not been inquired by the Police during the
investigations but disclosed by the witness in the court, it can not be said that the proof of such facts before the court makes the testimony of the witness doubtful, as no benefit of the faulty and defective investigations can be given to the accused unless it has for reaching affect on the case of the prosecution. 233. Above all, there is nothing on record to the testimony of this witness as no
disbelieve so. On the
animus or motive has been imputed on his part to say contrary, he is the most natural and material witness and his stand is also corroborated by the confessions of Jagtar Singh Tara and Balwant Singh. As such, the plea of defence that he is the stock witness of prosecution is also misconceived. 234. As far as the objection as to the manner of the test identification persons proceedings in is the
conducting led to
concerned, it is alleged that no evidence has been show that the associated parade were of similar heights and similar features and even PW-91 Chanchal Singh, then Superintendent Jail has failed to clarify this fact. However, this aspect will be considered while taking the statement of PW-202 who has conducted the test identification proceedings. As such, as far as the overall testimony of PW-205 is concerned, it remained unrebutted and it is proved from the testimony of this witness that the fourth person, who accompanied coaccused Lakhwinder Singh to the shop of PW-205 for getting the car repainted was accused Paramjit Singh Bheora and there is nothing on record to disbelieve the evidence of this witness.
235.
As
far
as,
the
admissibility
of
test
identification parade, is concerned, before taking the factual aspect let us take the legal position on the the matter court including their accused. the being And law any in relating to identification of an accused for the first time in without of an corroboration Budh Sain and whatsoever and that it can form sole basis for the conviction another Vs. State of U.P, 1970(2), SCC, 128, the Hon'ble Apex Court held that:There are certain exceptions to the rule that the identification of the accused for the first time is not admissible as an evidence and one of these exceptions is that when the court is impressed by a particular witness on whose testimony it can safely rely without such or other corroboration if that witness had any particular reason to remember about the identity of that accused and secondly where the witness had a chance to interact with the accused or that in a case where the witness had an opportunity to notice the distinctive features of the accused which lends assurance to his testimony in the court and in these circumstances, the evidence of identification in court for the first time by such a witness can not be thrown away merely because no test identification parade was held. 236. 2002, Above all the Hon'ble Apex Court in Dana Supreme Court, 3325, after considering the
Yadav alias Dahu and others Vs. State of Bihar, AIR, entire case law and the matter in dispute laid down the following principles:a) If an accused is well known to the prosecution witnesses from before, no test identification parade is called for and it would be meaningless
and sheer waste of public time to hold the same. b) In cases where according to the prosecution the accused is known to the prosecution witnesses from before, but the said fact is denied by him and he challenges his identity by the prosecution witnesses by filing a petition for holding test identification parade, a Court while dealing with such a prayer, should consider without holding a mini inquiry as to whether the denial is bona fide or a mere pretense and/or made with an ulterior motive to delay the investigation. In case Court comes to the conclusion that the dental is bona fide, it may accede to the prayer, but if however, it is of the view that the same is a mere pretence and/or made with an ulterior motive to delay the investigation, question for grant of such a prayer would not arise. Unjustified grant of refusal of such a prayer would not necessarily ensure to the benefit of either party nor the same would be detrimental to their interest. In case prayer is granted and test identification parade s held in which a witness fails to identify the accused, his so-called claim that the accused was known to him from before and the evidence of identification in Court should not be accepted. But in case either prayer is not granted or granted but no test identification parade held, the same ipso facto can not be a ground for throwing out evidence of identification of an accused in Court when evidence of the witness, on the question of identity of the accused from before, is found to be credible. The main thrust should be on answer to the question as to whether evidence of a witness in Court to the identity or the accused from before is trustworthy or not. In case the answer is in the affirmative, the fact that prayer for holding test identification parade was rejected or although granted, but no
such parade was held, would not in any manner affect the evidence adduced in Court in relation to identity of the accused. But if, however, such an evidence is not free from doubt, the same may be a relevant material while appreciating the evidence of identification adduced in court. c) Evidence of identification of an accused in Court by a witness is substantive evidence whereas that of identification in test identification parade is, though a primary evidence but not substantive one, and the same can be used only to corroborate identification of accused by a witness in Court. d) Identification parades are held during the course of investigation ordinarily at the instance of investigating agencies and should be held with reasonable despatch for the purpose of enabling the witnesses to identify either the properties which are subject matter of alleged offence or the accused persons involved in the offence so as to provide it with materials to assure itself if the investigation is proceeding on right lines and the persons whom it suspects to have committed the offence were the real culprits. e) Failure to hold test identification parade does not make the evidence of identification in Court inadmissible rather the same is very much admissible in law, but ordinarily identification of an accused by a witness for the first time in Court should not from its very nature inherently of a weak character unless it is corroborated by his previous identification in the test identification parade is a check valve to the evidence of identification in Court of an accused by a witness and the same is a rule of circumstances only, as discussed above, evidence of identification for the first time in
Court, without the same being corroborated by previous identification in the test identification parade or any other evidence, can form the basis of conviction. g) Ordinarily, if an accused is not named in the first information report,his identification by witnesses in Court, should not be relied upon, especially when they did not disclose name of the accused before the police, but to this general rule there may be exceptions as enumerated above. 237. the facts Applying the above proposition of law to in hand, let us scan the evidence of
prosecution to see whether the identity of accused is established as per the test identification parade or not. To prove the identification proceedings the prosecution that the case has examined PW-199, Ammnat Ali Shah, Singh was arrested in FIR CBI, CBI. the SHO, Police Station Ranvir Singh Pura, to prove accused accused and he Paramjit before was No.153 of 1997 and when on 30.9.1997, he produced Judicial Magistrate, arrested the by moved an application to arrest him in the present accordingly Similarly, PW-204, R.K.Wattal, also deposed that on 30.9.1997, the accused Paramjit Singh, was produced before him by the SHO, and during those proceeding the Investigating Officer of this case moved an application, Ex.PW-203/A, seeking judicial remand of the accused Paramjit Singh in the present case and he accordingly passed the order, Ex.PW204/A in his own hands and He remanded the accused on the to judicial date, to custody. further deposed same
another application, Ex.PW203/B was again filed by Investigating Officer, seeking permission
interrogate the accused in the jail and as per the order, Kant Gupta, Ex.PW-204/B, Gupta, then proved Judicial he that he granted on the the necessary of a permission. In addition to this, PW-201 Shri Vikas application PW-202 to Jammu hold prosecution Ex.PW-201/1 directed Puneet
Magistrate,
test identification parade. 238. Judicial on1.10.1997, Then as PW-202, per the Mr. Puneet of Gupta, deposed Chief then that Judicial
Magistrate,
Jammu, orders
Magistrate, Jammu, Shri SN Saxena approached him to hold test identification parade of accused Paramjit Singh eye in Central to this Jail, appear Jammu in and the and accordingly, Central also Jail he on the for issued a notice to PW-205 Surinder Sharma and other witnesses for to the 8.10.1997 Ex.PW-91/3 conducting purpose directed
Superintendent, Central Jail, Jammu, as per order, make necessary arrangements parade. He identification furtehr
deposed that on 8.10.1997 he reached Central Jail, Jammu at about 3.00 PM where SN Saxena met him along with PW-205, Surinder Sharma, who has to identify the accused. After that he went in side the jail and asked Superintendent to arrange 7 to 10 persons of similar accused appearance Paramjit and Singh. age He and also called deposed the that further
first of all he asked Paramjit Singh, whether is ready to join the test identification parade and the accused expressed his willingness and satisfaction about After parade, the that procedure and persons involved therein. he conducted 9 to a 10 test identification of similar persons
wherein,
appearance and age were lined up along with accused Paramjit Singh and Surinder Sharma was asked to
identify
and
accordingly,
Surinder
Singh
identify
Paramjit Singh by touching him and this was so done by him two times. And then he prepared his report of identification duly and signed also by proceedings, him as Ex.PW202/A, as on, which was well witness Surinder the
Sharma. He also identified the accused in the court proved were that sent later to Ld. Ex.PW-202/B, & proceedings District Sessions
Judge, Chandigarh. The stand of this witness is also corroborated by PW-91, Chanchal Singh, who was the superintendent proceedings. 239. first taking After objection of considering of Ld. of the stand counsel in of above the is of Central Jail and arranged the
mentioned witnesses, it comes out that as far as defence the about writing consent accused
concerned, it makes no difference because PW-202 has categorical the accused, deposed that before starting the test proceedings he took the consent of who consented for the identification identification
proceedings and the procdeure. Above all, the factum of test identification parade is not denied by the defence as it is alleged that it was so done only to create evidence through PW-205, who was already shown the photographs of accused and then asked to identify him in the Jail just to make the records straight. valid. 240. After considering the stand taken by PW-202 As such, parade let are us prove see, to whether be legal the and identification
and the proceedings done by him, it comes out that there is nothing on record to doubt the procedure applied by him to conduct the test identification
proceedings and it is proved that PW-205 identified the accused in the test identification parade held in the presence of PW-202 and as such, his report, Ex.PW-202/A is based on correct facts and requires no further consideration. In addition to this, it is also proved on the file that when the accused Paramjit Singh was arrested by CBI in the present case an application for remand was moved and it was also prayed that accused be kept with muffled face and should not be allowed to meet anybody and this fact Singh, is so proved on record by PW-91 Chanchal the then, Superintendent Jail, Jammu. This
fact further shows that there was no illegality in the test identification proceedings.
241.
It
was
also at
well
settled
law
that are
the not an
statements is no
made
identification that the
parade
substantive evidence at the trial and as such there requirement at an Magistrate making enquiry should listen to the statement made by the witnesses identification parade, which will not be an evidence at enquiry. Even the prosecution is not bound to examine all the witnesses sited by it including those, who are related to identification. 242. has and In view of the above discussed legal and successfully Lakhwinder proved that accused Gurmit Singh
factual position, it is held that the prosecution Singh and present accused Paramjit Singh, vehicle got to the seek car in question in the
Singh along with their co-accused Balwant Singh and deceased as an Dilawar official repainted from PW-205, as per their plan to show it entry Secretariat, to hit their target as per the plan,
mastermind and coordinated by accused Jagtar Singh Hawara Singh Parmjit assigned and and thus Jagtar was him as stated also to by co-accused the and the present parcel goal Balwant accused of of this their Singh Tara, part
Singh to
conspiracy and did different acts as per the role achieve conspiracy. Extra Judicial confessions made accused Paramjit Singh before PW-13, Mohd. Iqra Khan, his old friend. 243. As mentioned earlier, accused Paramjit
Singh was duly named in the earlier charge sheet as an accused, who has participated in this conspiracy on the basis of the confessions made by co-accused Jagtar further remained has Singh proved Tara on and Balwant that Singh after and the it date is of the Mohd. in his record
incident till the accused was arrested in Jammu he absconded. his Singh However, friend to keep during PW-13 him investigations, CBI came to know that this accused approached Harjit childhood refused Ikrar Khan, for taking shelter in his house when PW-82, house, and PW-13 sent him to Amroha where his grand father was residing, as he belongs to that area and accordingly, PW-13 disclosed that accused Paramjit Singh, contacted him and asked him for some money and place alleging that the police is looking for him and accordingly, he sent him to Amroha in UP, where his grand father was residing. But on the next date, when he also reached UP, the accused disclosed him about this conspiracy and crime and also talk someone on a phone from STD and after coming to know about these facts he asked the accused to leave that place he does not want to entangle himself in this
crime.
As
such,
the
question
comes,
whether
the
facts stated by the accused to this accused amounts to extra judicial confession and thus admissible in evidence against the accused. However it is argued by learned defene counsel that the testimony of PW-13 is highly doubtful and thus not reliable. He also challenged the admissibility of the stand of PW-13 on various grounds. 244. the legal But before taking the case of defence, let position relating to the how relevancy it is to of be
us take the legal position on the subject. As far as extra judicial confession and
proved, is concerned, in State of Rajasthan Vs. Raja Ram, (2003)8, SCC, 180, it was held that An extra judicial confession, if voluntary and true and made in a fit state of mind, can be relied upon by the Court. The confession will have to be proved like any other fact. The value of the evidence as to confession, like any other evidence, depends upon the veracity of the witness to whom it has been made. The value of the evidence as to the confession depends on the reliability of the witness who gives the evidence. It is not open to any Court to start with a presumption that extra judicial confession is a weak type of evidence. It would depend on the nature of the circumstances, the tie when the confession was made and the credibility of the witnesses who speak to such a confession. Such a confession can be relied upon and conviction can be founded thereon if the evidence about the confession comes from the mouth of witnesses who appear to be unbiased, not even remotely inimical to the accused, and i respect of whom nothing is brought out which may tend to indicate that he may have a motive of attributing an untruthful statement to the accused, the words spoken to by the witness are clear, unambiguous and unmistakably convey that
the accused is the perpetrator of the crime and nothing is omitted by the witness which may militate against it. After subjecting the evidence of the witness to a rigorous test on the touchstone of credibility , the extra judicial confession can be the basis of a conviction if it passes the test of credibility. It was further observed : 20. If the evidence relating to extra judicial confession is found credible after being tested on the touchstone of credibility and acceptability, it can solely form the basis of conviction . The requirement of corroboration as rightly submitted by the learned Counsel for the respondent-accused, is a matter of prudence and not an invariable rule of law
245.
In the case of Gagan Kanojia and Anr. Vs.
State of Punjab, (2007), CR, 89 (SC), the Hon'ble Apex Court opined: Extra-Judicial confession as is well known, can form the basis of a conviction. By way of abundant caution,however the Court may look for some corroboration. Extra judicial confession can not ipso facto be termed to be tainted. An extrajudicial confession, if made voluntarily and proved can be relied upon by the Courts. 246. Similarly in Nazir Khan & Others Vs. State
of Delhi, (2003)8, SCC, 461, the Hon'ble Apex Court held that: A free and voluntary confession is
deserving of the highest credit,because it is presumed to flow from the highest sense of guilty
247.
Similarly in State of Rajasthan Vs Kashi
Ram, 2006(11), SCALE, 440, wherein the Hon'ble Apex Court observed that: There was nothing to show that he had reasons to confide in them. The evidence appeared to be unnatural and unbelievable. The Hon'ble Apex Court observed that evidence of extra judicial confession is a weak piece of evidence and though it is possible to base a conviction on the basis of an extra judicial confession, the confessional evidence must be proved like any other fact and the value thereof depended upon the veracity of the witnesses to whom it was made. 248. Similarly in Kishore Chand Vs.Himachal
Pradesh, AIR, 1990, Supreme Court, 2140 the Hon'ble Apex Court again reiterated the same principle and held as under: An unambiguous extra-judicial confession assesses high probative value force as it emanates from the person who committed the crime and is admissible in evidence provided is free from suspicion and suggestion of its falsity. But in the process of the proof of the alleged confession the Court has to be satisfied that it is a voluntary one and does not appear to be result of inducement, threat or promise envisaged under S.24 or was brought about in suspicious circumstances to circumstance Ss.25 and 26. Therefore, the Court has to look into the surrounding circumstances and to find whether the extra judicial confession is not inspired by any improper or collateral consideration or circumvention of the law suggesting that i may not be true one. For this purpose the Court must scrutinize all the relevant facts such as the person to whom the confession is made, the time and place of making it,the circumstances in which it was made and finally the actual words used by the accused. Extra-judicial
confession if found to be voluntary can be relied upon by the Court along with other evidence on record. Therefore, even the extra judicial confession will also have to be proved like any other fact. Th value of the evidence as to the confession depends upon the veracity of the witness to whom it is made and the circumstances in which it came to be made and the actual words used by the accused. Some times it may not be possible to the witness to reproduce the actual words in which the confession was made. For that reason the law insists on recording the statement by a Judicial Magistrate after administering all necessary warnings to the accused that it would be used as evidence against him.
249.
Similarly, in Kulwinder Singh Vs. State of
Punjab, II (2007) SLT 225, the Hon'ble Apex Court held that: the evidentiary value of an extra judicial confession must be judged in the fact situation obtaining in each case. It would depend not only on the nature of the circumstances but also the time when the confession had been made and the credibility of the witness who testifies thereto. 250. The above discussed legal principles were
also reiterated by the Hon'ble Apex Court in a most recent case Aloke Nath Dutta & Ors Vs. State of West Bengal, CCR, 2007, S.C, 391.
251. scan the
Applying the above legal position, Let us statement of PW-13 PW-13 to when decide stepped this into Accordingly,
controversy.
the witness box categorically stated that he knows the accused Paramjit Singh, who was residing in his neighbourhood and both of them were friends since
childhood and lived together in Delhi and used to meet each other. He further deposed on 10.9.1995, accused Paramjit Singh, met him near the Railway Crossing of their locality and alleged that he is having some problem with his brother as such, he be allowed him to take shelter in his house. He further deposed that although, he refused to keep him in his house but he asked him to go to the house of his grand father at village Amroha, Uttar Pradesh and on the asking of accused Paramjit Singh he gave him some money and address of his grand father. 252. He further deposed that on the next date he
went to the house of his grandfather and met the accused again and during that the accused took him to the market and purchased some clothes and then made a telephone call from STD booth in privacy as he asked the owner of the STD to go out. On this when he inquired from the accused as to why he has sent the owner out of the booth, he disclosed that he along with other accused persons had killed Beant Singh at Chandigarh. On hearing this, he become perplexed and asked him to go away and leave him in the market after coming to know about the true facts and then return to that accused Delhi. Later on he came to know Singh stayed with his Paramjit
grandfather on the second day also and then left. 253. This witness was cross examined by the Ld. but they failed to bring witness remained un-
Defence counsel incisively such, the testimony of
out anything to show that he is deposing falsely. As this rebutted and goes to prove that after committing the crime in question as per his conspiracy the accused made extra judicial confession to this witness,
which is duly proved on record and corroborated by other evidence and goes to prove that the case of the prosecution against this accused is well founded. 254. counsel it As that no do far as the father plea of of learned has defence not come has
grand
PW-13 the
forward to support the stand of PW-13, is concerned, makes to difference because accused nothing with grand father of PW-13, as he
stayed in his house only on the reference of PW-13 and his grand father was even knowing anything as to why the accused had come there. 255. counsel As far as the other plea of learned defence that PW-13 was a poor person having no
political and social status and as such no useful purpose would have been achieved by the accused by confessing his crime before him and this goes to show that the theory of extra judicial confession is manipulated, is concerned, it comes out that there is no force in this plea because the accused had confessed his guilt only when PW-13 confronted him for making what a telephone call from a STD booth in to tell the truth to his childhood secret and when the accused found that he has no option friend as he was having full faith in him and PW-13 was also helping him without questioning him. Thus what for the suspicious behaviour of the accused, PW-13 would not have questioned him and thus it is clear that accused confessed his guilt without any pressure but only to seek help of PW-13 by telling truth to him. 256. No doubt the prosecution has failed to join
the STD booth owner as witness but it was because of
the time,
fact all
that the
he
was
not
available by this
and
his
whereabouts were not known to anybody. At the same details disclosed witness relating to the facts disclosed were known only to Paramjit Singh and when he disclosed these facts to police, accused Paramjit Singh was not even arrested and as such there is no possibility of fabricating these facts by the Investigating Agency. This fact is sufficient to say that the stand of PW-13 is well founded and the defence story that he take this stand under the pressure of CBI and after torturing them is without any basis because when he deposed before the court his stand was clear and unblemished and inspire confidence. 257. witness accused makes no No doubt as argued by learned defence this has met admitted him at that Delhi, because on he the had first not stated day when disclosed that on
anything to him while seeking a place to live but it difference PW-13 that day accused disclosed that he had some problem with his brother and thus apprehending police action and PW-13 believe him as he was having no base to doubt his friend and as stated earlier the accused would have not confessed his crime, had PW-13 would have not questioned him due to his suspicious conduct while making phone call alone and that too for a long time. 258. Kumar, Haryana No doubt, in State 472, held extra in of that U.T in Vs. Rakesh & of
2002(3), High
RCC, Court
the
Hon'ble judicial present
Punjab case
circumstantial unless
evidence, but
confession case the
is weak type of confession and can not be acted upon corroborated, the
facts stated by the accused in his extra judicial confession above. 259. of At the same time, in Ajay Singh Vs. State Maharashtra, of 2007(3), law RCR(Criminal), an extra 348, the before PW-13 are further corroborated from the other circumstantial evidence as discussed
Hon'ble Apex Court again reiterated the well settled proposition that judicial confession, if proved to have been made voluntarily, can be relied upon to convict a accused and it is not required that the actual words stated by the accused should be repeated and if the substance of the confession has been proved, it is sufficient to link him. 260. AIR, As far as the question of corroboration, is in State of Karnatka 3109, Vs. the MM.Ram Hon'ble Dass, Apex 2002, Supreme Court,
concerned,
Court again reiterated that the evidence in the form of extra judicial confession made by the accused to a witness can not be always termed to be a tainted evidence. Corroboration of such evidence is required only by way of abundant caution. If the court believes the witness before whom the confession is made and is satisfied that the confession has been true extra value and voluntarily on such as made then alone conviction as as high the can be founded evidence confession it emanates unambiguous probative who person,
judicial force
possess from
committed the crime and is admissible in evidence provided it is free from suspicion and suggestion of any falsity and free from any collateral consideration etc. Accordingly, in the present case, this fact is duly proved.
261. proved doubt,
In that that
view on
of the
the
above Iqrar
discussion, any Khan, was a
it
is
file,
beyond
reasonable very
PW-13,
Mohd.
close friend of accused Paramjit Singh and both of them were having full confidence in each other and if it is so there was every possibility that the accused, who was very frightened and perturbed about the whole episode as well as looking for shelter to conceal himself, was eager to express his feelings that too with a intention to seek help of his friend to save himself from police. Thus from the stand taken by this witness, it is proved that accused Paramjit Singh had made a voluntary extra judicial confession judicial the before and this witness and the this extra of confession further fortifies the case of further proves factum
prosecution persons and
conspiracy between accused present accused and other accused Hawara including the co-accused persons. convicts this Balwant Singh, deceased Dilawar Singh, Jagtar Singh other accused And circumstance of making extra judicial confession by the accused clinches the entire issue qua him and is sufficient alone to convict him as a member of this conspiracy, as per their plan. 262. The above referred incriminating
circumstances along with the facts appeared in the confessions of co-accused persons, in the opinion of this court form a complete chain and are consistent with no other hypothesis except the guilt of present accused and are sufficient to link him with the conspiracy of this crime and its execution.
Point No.2 FINAL ORDER 263. factual mentioned As per the and while above for discussed the the legal points and for
position above,
detailed
reasons
deciding
determination, it comes out that the prosecution has successfully proved that co-accused convicts, Balwant Singh; Jagtar Singh Hawara; Gurmeet Singh; Lakhwinder Singh; Shamsher Singh; deceased Dilawar Singh; Jagtar Singh Tara, now a proclaimed offender and the present Accused Paramjit Singh being part and parcel of a well laid and executed conspiracy, involving many more persons including the accused, who are absconders and proclaimed offenders, committed various acts of omission and commissions, as discussed above and killed S. Beant Singh, then Chief Minister persons the Punjab, and along seriously strapped with sixteen 15 other other of the innocent exploding deceased injured on the who
persons, with an intention to kill them also, by belt bomb body on assassin Dilawar Singh,
instigation of all the accused persons, acted as a human bomb and detonates himself near the car of late S. Beant Singh, killing him and other persons and in which process, he (Dilawar Singh), too was exterminated, in a macabre and gruesome manner. 264. mentioned And all this was done by all the aboveaccused persons in prosecution of their which was master-minded plotted and by co-accused this
conspiracy, some more
convict, Jagtar Singh Hawara on the instigation of persons, who floated conspiracy, while sitting in some foreign countries. Not even this while doing so they were fully knowing
that
the
mode
chosen by them to kill late Beant
Singh, to satisfy their religious objective, being a bomb consisting of RDX as main explosive and other projectiles and splinters as missiles and to make it more lethal adding a high explosive substance as detonator, will also result into brutal killing of many more innocent persons for no fault of them. 265. present named, endanger It is also proved that for the commission accused and his co-accused convicts above possessed or cause RDX, which is high to
of offence of murder of deceased S.Beant Singh, the unlawfully human
explosive substance with intend, by means thereof to life serious injuries property and they also used the said RDX for the preparation of belt bomb, used by deceased Dilawar Singh, to kill S. Beant Singh, then Chief Minister, Punjab and all of them unlawfully and maliciously caused an explosion fully knowing that it will to endanger life and cause serious repercussions the society in general and loss of injuries And present accused Paramjit Singh
human life and was part and
and loss to the property in particular.
parcel of this conspiracy and did the various acts of omissions and commissions as discussed above and thus liable for the outcome under section 120-B of IP for all the offences committed by all of them. 266. reliable accused Singh As such, it is proved with and cogent doubt parcel and that of
evidence Paramjit
beyond Singh,
reasonable part held
being as
conspiracy hatched by him and his co-accused Jagtar Hawara and others, above, killed S.Beant Singh and 16 other persons by way of a bomb blast caused by deceased Dilawar Singh acting as a
human bomb and as such the conspiracy to commit the offence to of murder all the in the course of execution persons of conspiracy, is well within the scope of conspiracy, which above co-accused were party. 267. Therefore the accused Paramjit Singh, is
liable to be punished under Section 120-B IPC read with Section 302 of the Indian Penal Code as well as under Section 120-B read with Section 307 of the Indian Penal Code, as he took active part in the series of steps taken to pursue the objective of conspiracy i.e the killing of S. Beant Singh, then Chief under 120-B Minister, Section of the Punjab. 3(b) read Act, Besides with 1908, this, Section read and he 6 is of also the for liable to be convicted for commission of an offence Explosive Substance with Section
Indian
Penal
Code,
also
commission of an offence under Sections 4 b(ii) and 5(b) read with Section 6 of the Explosive Substance Act, 1908, as of the explosive was recovered a special from the possession co-accused category
explosive substance, as defined under section 2(b) of the above Act. 268. file At the same time, it is also proved on the that present accused and his co-accused
convicted and absconding instigated Dilawar Singh to act as a human bomb and for punishment Singh, S. on who abetted him to kill S.Beant account was also for the while was Singh and 16 other persons and as such he is liable this though Singh commission of an offence of abetment of suicide by Dilawar killing also others killed but he Beant and
instigated to do so by the this accused and his co-
accused
above of
named,
which
makes
them
liable
for
commission the IPC. 269.
an offence punishable under section
109 read with Section 306 read with Section 120-B of
As
a the
final
conclusion
to
the
above
discussions,
accused Paramjit Singh is hereby
held guilty and convicted as under:(i) IPC. (ii) For commission of an offence under 120-B of For commission of an offence under
Section 302 read with Section 120-B of the
Section 307 read with Section the IPC.
(iii) For commission of an offence under section 109 read with Section 306 of the Indian Penal Code read with Section 120-B of the Indian Penal Code. (iv) For commission of an offence under Substance Act,1908 read with
Section 3(b) read with Section 6 of the Explosive Section (v) 120-B of the IPC. For commission of offence under read
Section 4(b)(ii) read with Section 6 of the Explosive Substance Act, 1908 with Section (vi) Explosive 120-B of the IPC.
For commission of offence under Substance Act, 1908 read with
Section 5(b) read with Section 6 of the
Section 270. be heard
120-B of the IPC.
It is ordered accordingly. Let, the accused on the question of sentence as per the
provisions of Section 235(2) of Cr.P.C. Pronounced in the open court on, this 29th day of March, 2010.
(Ravi Kumar Sondhi), Additional Sessions Judge, Camp at Burail Jail, Chandigarh.
Certified that this judgment contains 256 pages and all the pages have been checked & signed by the undersigned.
(Ravi Kumar Sondhi), Additional Sessions Judge, Camp at Burail Jail, Chandigarh.
Order on quantum of sentence.: Argued by: Sh.R.K.Handa & Sh.Rajan Malhotra, Special PP for the CBI. Sh.A.S.Chahal and Sh. Arvind Thakur Convict Paramjit Singh in custody. ORDER: 271. The arguments put forward by the
prosecution as well as the defence on the question of sentence have been heard. 272. It is argued by the learned Public
Prosecutor that the offence committed by the accused is not only against a particular personality but it is also against the humanity at large, as the accused have killed 17 persons and injured many more just for the sake of their religious enmity against deceased Beant Singh, fully knowing that the form of bomb chosen by him and his co-accused, will not only kill particular person but it will also kill so many innocent going to persons. be Even and the all time the chosen by the were accused persons was the time, when the offices were closed employees rushing out for going to their houses. 273. Accordingly, it was their contention that
keeping in view the gravity of the offence and its repercussion on the society, peace and tranquility of the State, it is a fit case which can be termed as 'rarest of the rare case' justifying the capital sentence and it was prayed accordingly. 274. Learned Public Prosecutor for the CBI
further submitted that there are more than sufficient aggravating circumstances which justify the extreme penalty of death and he substantiated that first of all, it is a case of pre-planned conspiracy hatched and executed with lot of preparations and the present accused was part of the planning. The target of the accused persons was a democratically elected Chief Minister of a State, who was was also the Head of the State, when he was killed. At the same time, the repercussions of crime on the society was very serious as it has tarnished the conscious of the society at large. 275. of crime, Above all, the convicts had chosen a mode a bomb made of RDX, which is a high
explosive substance, knowing that it will not only kill their target but will also results into killing of others and despite this they caused the blast with that mode killing 16 innocent persons for no fault of them besides killing S.Beant Singh and injuring 15 persons and thereby ruined their families also. 276. It was also submitted by the learned Public
Prosecutor that the modus operandi of the convict and his co-accused in using the human bomb also shows their criminality and brutality to commit the crime. The convict has committed this crime not to take any personal revenge but it was a pre-planned and religiously motivated crime under illogical belief. 277. trial, Not even this, during the pendency of the accused Paramjit Singh along with his co-
accused Jagtar Singh Tara and Jagtar Singh Hawara escaped from the Jail after digging out a tunnel and till today accused Jagtar Singh Tara has not been
arrested and this fact further shows the criminal nature of the accused and their commitment to the crime. Accordingly he submitted that only the death penalty will be the appropriate sentence and thus warranted. 278. On the other hand, the case of the defence
is that it is not a case of rarest of rare category as the accused convict was not directly related with the execution of the conspiracy and he has been held guilty only on the basis of circumstantial evidence ans thus he cannot be awarded capital punishment. The accused convicts has stated that he has nothing to say on the sentence. But it was argued by defence that the accused convict was induced by the others to join the the conspiracy They and this fact alone that is a mitigating circumstance, which justifies leniency qua convict. further submitted simply because of the fact that high profile person was the victim of the crime, it can not be said that it is a case of rarest of the rare spice. Therefore, it is a fit case, where they deserve this leniency specially when they have already suffered a lot by this protracted trial for a span of about 13 years and their families have also been disturbed and the facts and circumstances and the prevailing situation at that time was so volatile that it prevailed upon and instigated them to take this step and it shows that they were having no personal motive behind this crime. 279. He further submitted that at the same time,
this case is based on circumstantial evidence and as such as per the law laid down by the Hon'ble Apex Court in Sahdeo Vs. State of U.P., 2004(10), SCC, 682
and
Alok
Nath the
Dutta extreme
Vs.
State
of as
West there
Bengal, is a
2007(1), RCR(Crl), 468, it itself is a ground for not imposing penalty possibility of break in the chain of circumstances. 280. Both the parties have relied upon various
authorities to support their contentions. 281. and After due consideration of the contentions circumstances upon, it of the case, and as the far case as law the
of both the parties and after considering the facts relied comes out that
consideration on the quantum of sentence in a case of conviction for an offence punishable with death or in alternative court has to with state imprisonment the reasons for for the life or imprisonment for term of years, is concerned, the sentence awarded and in case of sentence of death, the special reasons for such cases. 282. Needless to say, before the amendment of
the Cr.P.C in the year 1973, the earlier provision obliged the court to pass the death sentence as a general which proposition court was and the alternative to give sentence special could be awarded only in the exceptional cases for then required reasons. 283. Cr.P.C, However, after 1973, there was a complete now provides that life imprisonment will be
reversal to this provision as Section 354(3) of the the rule as the quantum of sentence of the murder and the death penalty was allowed to be passed only in exceptional cases and that too, by mentioning special reasons for choosing the later.
284. the rare
Is this case is an instance of rarest of case, meriting imposition of capital
punishment is now the question for consideration? 285. As far as, the parameters to decide this
controversy are concerned, in Bachan Singh Vs. State of Punjab, 1982(2), SCC, 24, a Constitution Bench of Hon'ble Apex Court, dealt with the validity of death sentence and while doing so, the rule of rarest of rare cases was laid down. 286. During pre-Bachan Singh period the Sessions
Court was free to choose death penalty in any case where special reasons could be advanced. But during post-Bachan Singh period even that was drastically changed as the Hon'ble Constitution Bench made it impermissible rarest of to award rare death cases sentence wherein except the in the lesser
alternative is unquestionably foreclosed. 287. field As the law which has been pronounced over thereafter we are required to in
such unreserved language on the subject, holds the remind ourselves of the legal position adumbrated by the Constitution Bench in Bachan Singhs case (Supra). The following is the ratio laid down by the Hon'ble Apex court, which emerged after making a detailed analysis of various view points on the sustainability of the provision empowering the Court to pass death sentence. 288. It is therefore imperative to voice the
concern that Courts, aided by the broad illustrative guidelines indicated by the Hon'ble Apex Court, will
discharge the
the of
onerous
function
with
evermore in the
scrupulous care and humane concern, directed along highroad legislative This was policy was outlined held by Section 354(3). what
Hon'ble Apex Court in Bachan Singh's case (Supra), where the Hon'ble Apex Court further observed that: for persons convicted of murder, life imprisonment is the rule and death sentence an exception. A real and abiding concern for the dignity of human life postulates resistance to taking a life through laws instrumentality. That ought not to be done save in the rarest of rare cases when the alternative option is unquestionably foreclosed. 289. that:As we read Sections 354(3) and 235(2) and other related provisions of the Code of 1973, it is quite clear to us that for making the choice of punishment or for ascertaining the existence or absence of special reasons in that context, the Court must pay due regard both to the crime and the criminal. What is the relative weight to be given to the aggravating and mitigating factors, depends on the facts and circumstances of the particular case. 290. The Hon'ble Apex Court concluded that:We will do no more than to say that these are undoubtedly relevant circumstances and must be given great weight in the determination of sentence. The Hon'ble Supreme Court further laid down
291.
Three such circumstances which the court
was told about are the following: (1) The age of the accused- if the accused is young or old the sentence of death should be avoided. (2) The probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society. (3) That the accused acted under duress or domination of another person. 292. also In addition to this, the Hon'ble Apex Court endorsed the classification aggravating of some of the as and circumstances
mitigating
propounded by Dr.Chitale which are as follow: Aggravating circumstances: 293. A Court may, however, in the following
cases impose the penalty of death in its discretion: (a) If the murder has been committed after previous planning and involves extreme brutality; or (b) if the murder involves exceptional depravity; or (c) if of the member public the murder is of a member of any armed forces of the Union or of a of any police force or of any servant and was committed -
(i) while such member or public servant was on duty; or (ii) in consequence of anything done or attempted to be done by such member or public servant in the lawful discharge of his duty as such member or public servant
whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or (d) if the murder is of a person who had acted in the lawful discharge of his duty under Section 43 of the Code of Criminal Procedure, 1973 or who had rendered assistance to a Magistrate or a police officer demanding his aid or requiring his assistance under Section 37 and Section 129 of the said Code.
Mitigating Circumstances: 294. In the exercise of its discretion in the
above cases, the Court shall take into account the following circumstances: (1) That the offence was committed under the influence of extreme mental or emotional disturbance. (2) The age of the accused, if the accused is young or old, he shall not be sentenced to death. (3) The probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society. (4) The probability that the accused can be reformed and rehabilitated. The State shall by evidence prove that the accused does not satisfy the conditions 3 and 4 above. (5) That in the facts and circumstances of the case, the accused believed that he was morally justified in committing the offence. (6) That the accused acted under the duress or domination of another person.
(7) That the condition of the accused showed that her was mentally defective and that the said defect impaired his capacity to appreciate the criminality of his conduct. 295. Similarly the above proposition was further
carried by the Hon'ble Apex Court in Machhi Singh Vs. State of Punjab, 1983(3), SCC, 470 where the Hon'ble Apex of Court law settled and facts the to following decide the propositions
controversy in question: (i) The extreme penalty of death need not be inflicted except in gravest cases of extreme culpability; (ii) Before opting for the death penalty the circumstances of the 'offender' also require to be taken into consideration along with the circumstances of the 'crime'. (iii) Life imprisonment is the rule and death sentence is an exception. In other words death sentence must be imposed only when life imprisonment appears to be an altogether inadequate punishment having regard to the relevant circumstances of the crime, and provided, and only provided, the option to impose sentence of imprisonment for life cannot be conscientiously exercised having regarding to the nature and circumstances of the crime and all the relevant circumstances. (iv) A balance-sheet of aggravating and mitigating circumstances has to be drawn up and in doing so, the mitigating circumstances has to be accorded full weightage and a just balance has to be struck between the aggravating and the mitigating circumstances before the option is exercised.
296. laid down reiterated
The illustrative circumstances which were in in the aforementioned Singh Vs. cases of and were Machhi State Punjab's
case (supra) are: 1. When the murder is committed in an extremely brutal, grotesque, diabolical, revolting, or dastardly manner so as to arouse intense and extreme indignation of the community. 2. When the murder is committed for a motive which evinces total depravity and meanness; e.g. murder by hired assassin for money or reward; or cold-blooded murder for gains of a person vis-a-vis whom the murderer is in a dominating position or in a position of trust; or murder is committed in course of betrayal of the motherland. 3. When murder of a member of a Scheduled Caste or minority community etc. is committed not for personal reasons but in circumstances which arouse social wrath; or in case of bride-burning or dowry deaths or when murder is committed in order to remarry for the sake of extracting dowry once again or to marry another woman on account of infatuation. 4. When the crime is enormous in proportion. For instance when multiple murders, say of all or almost all the members of a family or a large number of persons of a particular caste, community, or locality, are committed. 5. When the victim of murder is an innocent child, or a helpless woman or old or infirm person or a person vis-avis whom the murderer is in a dominating position, or a public figure generally loved and respected by the community.
297.
Similarly, in Surendra Pal Shivbalakpal Vs.
State of Gujarat, 2005(3), SCC, 127, death sentence was not imposed in a case where the offence involved was rape with murder of a girl, stating: 13. The next question that arises for consideration is whether this is a rarest of rare case we do not think that this is a rarest of rare case in which death penalty should be imposed on the appellant. The appellant was aged 36 years at the time of the occurrence and there is no evidence that the appellant had been involved in any other criminal cases previously and appellant was a migrant labourer from U.P. and was living in impecunious circumstances and it cannot be said that he would be a menace to society in future and no materials are placed before us to draw such a conclusion. We do not think that the death penalty was warranted in this case. We confirm conviction of the appellant on all the counts but the sentence of death penalty imposed on him for the offence under Section 302 IPC is commuted to life imprisonment. 298. Then again in Rama Subramanian Vs. State of
Kerala, AIR, 2006, SC 639, this Court did not award a death penalty where a lady, together with her three children, was killed, despite arriving at a finding that the evidence adduced by the prosecution is very clear and convincing to prove the guilt of the appellant, stating: .....It is true that the crime committed by the appellant is cruel and dastardly in nature and the appellant deserves no mercy. However, it may be noted that it is not known how and under what circumstances the incident had taken place on 9.8.1999,
the appellant was annoyed by the fact that his services were terminated without being paid any compensation despite serving his employer for quite a long period. Taking the overall facts into consideration, we do not find that this is one of the rarest of the rare cases where death sentence could be the only punishment........ 299. penalty, Court As far as circumstances justifying Death is concerned, in State of Rajasthan Vs. the Hon'ble Apex
Kheraj Ram, 2003(8), SCC, 224,
while awarding death punishment, held: 35. A convict hovers between life and death when the question of gravity of the offence an award of adequate sentence comes up for consideration. Mankind has shifted from the state of nature towards a civilized society and it is no longer the physical opinion of the majority that takes away the liberty of a citizen by convicting him and making him suffer a sentence of imprisonment. Award of punishment following conviction at a trial in a system wedded to the rule of law is the outcome of cool deliberation in the courtroom after adequate hearing is afforded to the parties, accusations are brought against the accused, the prosecution is given an opportunity of meeting accusations by establishing his innocence. It is the outcome of cool deliberation and the screening of the material by the informed man i.e. the Judge that leads to determination of the life. 36. The principle of proportion between crime and punishment is a principle of just deserts that serves as the foundation of every criminal sentence that is justifiable. As a principle of criminal justice it is hardly less familiar or less important than the principle that only the guilty ought to
be punished. Indeed, the requirement that punishment need not b disproportionately great, which is a corollary of just deserts, is dictated by the same principle that does not allow punishment of the innocent for any punishment in excess of what is deserved for the criminal conduct is punishment without guilt. 37. The criminal law adheres in general to the principle of proportionality in prescribing liability according to the culpability of each kind of criminal conduct. It ordinarily allows some significant discretion to the Judge in arriving at a sentence of each case, presumably to permit sentences that reflect more subtle considerations of culpability that are raised by the special facts of each case. Judges in essence affirm that punishment ought always to fit the crime; yet in practice sentences are determined large by other considerations. Sometimes it is the correctional needs of the perpetrator that are offered to justify a sentence. Sometimes the desirability of keeping him out of circulation, and sometimes even the terrific results of his crime. Inevitable, these considerations, caused a departure from just deserts as the basis of punishment and create cases of apparent injustice that are serious and widespread. 300. Navjot Recently Sandhu @ in State through 2005, NCT Delhi Vs. Law
Afsan
Guru,
Criminal
Journal, 3950, nine persons including eight security personnel and one gardener succumbed to the bullets of the terrorists men of the and 16 persons as 5 by including a result 13 of The security storming received injuries
Parliament
terrorists.
Hon'ble Apex Court upholding the decision of the High Court to award death penalty, observed:
The very idea of attacking and overpowering a sovereign democratic institution by using powerful arms and explosives and imperiling the safety of a multitude of peoples representatives, constitutional functionaries and officials of Government of India and a engaging into a combat with security forces is a terrorist act of gravest severity. It is a classic example of rarest of rare case. 301. Again in Holiram Bordoloi Vs. State of
Assam, 2005(3), SCC, 793, 18 persons were
convicted
for murdering 4 persons by burning them alive in a hut. Death penalty was imposed on one of them. The Hon'ble Apex Court, embarked on a discussion as a to the aggravating circumstances and mitigating circumstances, observing: Pre-planned, calculated, cold-blooded murder has always been regarded as one of an aggravated kind. A murder is diabolically conceived and cruelty executed, it would justify the imposition of the death penalty on the murderer.... In many cases, the extremely cruel of beastly manner of th commission of murder is itself a demonstrated index of the depraved character of the perpetrator. This is why it is not desirable to consider the circumstances of the crime and the circumstances of the criminal in two separate watertight compartments. 302. The Hon'ble Apex Court also affirming the
death penalty, held: Even when questioned under Section 235(2) of Criminal Procedure Code, the accused stated that he had nothing to say on the point of sentence. The fact that the appellant remained silent would show that he has no repentance for the ghastly
act he committed. 303. Pratap One more precedent in this regard is the Singh Vs. State of Jharkhand and another,
principles laid down by the Hon'ble Apex Court in 2005(3), SCC, 557, where a Trade Union leader was shot dead by the convict, as a result of a labour dispute. The Hon'ble Apex Court while taking into consideration the plea of delay and the pendency of the appeals since 1991 held that simply because of the fact that there was long lapse of time, it cannot be said that the death sentence is not justified. 304. Lastly in Alok Nath Gupta & others Vs.
State of West Bengal, 2007(1), RCC, 586, the Hon'ble Apex Court after considering the entire case law on the matter in issue held that death penalty can be awarded if in the opinion of court, the case answers the description of rarest of rare case. What would constitute a rarest of rare case must be determined in the facts situation obtaining in each case and a balance sheet of aggravating and mitigating circumstances has to be drawn and considered as the judicial precedent by itself may not be a ground to laid down any uniform criteria for awarding death penalty or a lesser sentence. 305. Similarly on the same topic i.e. on the
methodology of death sentence, the Hon'ble Apex Court in Subhash Ramkumar Vs. State of Maharashtra, (JT), 2002(9), SC, 445 power and and while balancing the and discretionary that: disproportionate
inadequacy of sentence, the Hon'ble Apex Court held
Ours being a civilised society a tooth for a tooth and an eye for an eye ought not to be the criterion and as such the question of there being acting under any haste in regard to the capital punishment would not arise: Rather our jurisprudence speaks of the factum of the law courts being slow in that direction and it is in that perspective a reasonable proportion has to be maintained between the heinousness of the crime and the punishment. While it is true punishment disproportionately severe ought not to be passed but that does not even clothe the law courts, however, with an option to award the sentence which would be manifestly inadequate having due regard to the nature of offence since an inadequate sentence would not subserve the cause of justice to the society. 306. is One more related question, which this court with is, that what should be the
confronted
quantum of sentence in a criminal case which is based on a criminal conspiracy involving so many accused persons and their different roles at different stages but to achieve the same objective. However this question is also no more res integria and the Hon'ble Apex Court after considering a similar situation, in State of Tamilnadu involving Versus by S. Nalini and others, different persons at 1999, Crl. Law Journal, 3124, settled that in a case conspiracy different stages, such conspirators can be divided into following four broad categories: First, those who formed the hardcore nucleus which took the decision to assassinate Rajiv Gandhi. Second, those who induced others to join the ring and played active as well as supervisory roles in the conspiracy. Third, those who joined the
conspiracy by inducement whether through indoctrination or otherwise. Fourth those among the conspirators who participated in the actual commission of murder. 307. After defining the above categories, the
Hon'ble Apex Court further held that persons who fall within the first category cannot normally escape from capital punishment if their case ends in conviction. 308. let us sentence 309. and the Now coming to the merits of controversy. mitigating of quantum circumstances of sentence. to decide the Bearing the above principles in mind, now determine what should be the quantum of
Let us consider a balance sheet of the aggravating dispute case will of be However before role of it the
considering these circumstances, since it was also a conspiracy accused justified involving at we if different different also different persons stages,
categorize
conspirators i.e. present accused and his co-accused the convicts into different categories, as per the role played by them and the gravity of the same, as per the principles laid down by the Hon'ble Apex Court in State of Tamil Nadu Vs. Nalini's case supra. 310. on the Accordingly keeping in view the findings points for determination leading to the
conviction of the convicts, which is based on the evidence led by the prosecution, it comes out that the conspirators in the present case, can be
vivisected into only two categories, keeping in view their role in the planning and execution, firstly, those who formed the hardcore nucleus which took the decision those who to assassinate the S.Beant by Singh inducement and or masterminded and co-ordinated it and the secondly, joined conspiracy instigation etc., whether through indoctrination or otherwise. 311. Accordingly, when the evidence and the
findings as to the above two categories, were applied to the convicts involved, it comes out that as far as convict Paramjit as singh the is concerned, of he the can be classified conspirators second
category, as he was induced and instigated by the main convicts to join the conspiracy and to aid and abet them to achieve the target. However all this was done by this convict being part of conspiracy fully knowing its repercussions. 312. Thus keeping in view the above
classification, as far as convict Paramjit Singh, is concerned, as per the principles laid down by the Hon'ble Apex Court in State of Tamil Nadu Vs. Nalini's case (supra), he is found to be conspirators of the second category, who have been induced and instigated by the conspirators of the first category, to join this conspiracy and to do different acts of omission and commission, which he did accordingly and thus he is also liable for the punishment in this regard but while doing so, there are certain mitigating circumstances, which justify his plea for lesser sentence in comparison to the conspirators of the first category.
313. helping and
Needless to say after supplying the car and his co-accused played to no transport further the role arms in and the
ammunitions to Chandigarh, this convict fell apart thereafter execution of this execution and thus he can be termed as second category conspirator. As far as the running away from jail is concerned, the accused convict is facing separate trial for that crime and in case of conviction, he will be punished accordingly and that punishment will be in addition to the present one and rather will start after the expiry of sentence of this case and then will dis-entitle the accused any other benefit. 314. general This court is not oblivious of the settled to the principle of proportionality in
proposition of law that the criminal law adheres in prescribing liability according to the culpability of each kind of criminal conduct. It ordinarily allows some significant discretion to the judge in arriving at a sentence in each case, presumably to permit sentences that reflects more subtle considerations of culpability that are raised by the special facts of the each case and each accused even if they are convicted for the same offence. Judges in essence affirm that punishment ought always to fit the crime; yet in practice sentences are determined largely by other offered considerations. needs justify of a to Some the times it is that times the are the correctional perpetrator Some
sentence.
desirability of keeping him out of circulation, and sometimes even the terrific results of his crime. 315. Thus after taking an over-all view of the in the light of the aforesaid
circumstances,
propositions and taking into account the answers to the questions case posed are by way that of the test for is the not rarest of the rare cases, the circumstances of the present such this accused covered under the category of rarest of rare case, as he is proved to be one of the members of the second category, who were induced and instigated to commit this crime and thus deserves lessor sentence. 316. As a sequel to the above discussion, the
convict, Parmajit Singh is sentenced as follows: A. For commission of offence under section 302 read with section 120-B IPC. Sentenced to undergo imprisonment for life and to pay a fine of Rs. 15,000/- failing which to undergo rigorous imprisonment for three years B. For commission of offence under section 307 read with section 120-B IPC. Sentenced to undergo Rigorous imprisonment for ten (10) years and to pay a fine of Rs. 10,000/- failing which to undergo rigorous imprisonment for three years. C. For commission of offence under section 306 read with section 109 red with section 120-B IPC. Sentenced to undergo Rigorous imprisonment for ten (10) years and to pay a fine of Rs. 10,000/- failing which to undergo rigorous imprisonment for three years. D. For commission of offence under section 3(b) read with section 6 of the Explosives Act. Sentenced to undergo Rigorous imprisonment for ten (10) years and to pay a fine of Rs. 10,000/- failing which to undergo rigorous imprisonment for three years E. For commission of offence under section 4(b)
(ii) read with section 6 of the Explosives Act. Sentenced to undergo Rigorous imprisonment for ten (10) years and to pay a fine of Rs. 10,000/- failing which to undergo rigorous imprisonment for three years F. For commission of offence under section 5(b) read with section 6 of the Explosives Act. Sentenced to undergo Rigorous imprisonment for ten (10) years and to pay a fine of Rs. 10,000/- failing which to undergo rigorous imprisonment for three years 317. shall already All the sentences awarded to the accused run concurrently. by The period convict the of custody the of undergone this as during provisions
pendency of this trial will be set-off against the substantive sentences, per Section 428 Cr.PC. As far as the word imprisonment for life used in this order is concerned, as held by the Constitutional in Gopal Bench of Godse the Honble State Apex of Court Vinayak Vs.
Maharashtra, AIR, 1960, S.C. 600 and as reiterated by the Honble Apex Court in Mohd. Munna Vs. Union of India, 2005, Crl.L.J. 4124, the word imprisonment for life must be treated as rigorous imprisonment for the whole of the remaining period of the convict persons natural life. 318. to the Necessary warrant be prepared and forwarded Superintendent, and directions Model Jail, Copy Burail, of the
Chandigarh, against the accused convict as per the details per law. given above. judgment be supplied to the convict free of costs as
319.
File
be
consigned
to
records
after
due
compliance. Pronounced in the open court on, this 30th day of March, 2010.
(Ravi Kumar Sondhi), Additional Sessions Judge, Camp at Burail Jail, Chandigarh. Certified that all the pages of this judgment are checked and signed by me. (Ravi Kumar Sondhi), Additional Sessions Judge, Camp at Burail Jail, Chandigarh.

Beant Singh Supplementary Case

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State vs.

Paramjit Singh Bheora

: State(through CBI) Versus

Name of the assassin accused

FIR No. Police Station R.C.No. of CBI

State vs. Paramjit Singh Bheora

FOR THE ACCUSED Present

been assassinated pursuant to a deep rooted criminal conspiracy

State vs. Paramjit Singh Bheora

deep rooted conspiracy punishable the under

State vs. Paramjit Singh Bheora

Before giving the factual background of the

State vs. Paramjit Singh Bheora

State vs. Paramjit Singh Bheora

State vs. Paramjit Singh Bheora

15. 16. 17.

explosion:1. Manojit Pal Singh son of Lachhmanpal.

State vs. Paramjit Singh Bheora

3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 11.

State vs. Paramjit Singh Bheora

pursuant to the deep rooted criminal masterminded a terrorist Khalsa The

State vs. Paramjit Singh Bheora

responsible also fake for

indiscriminate arrests, of Khalsa

has also claimed that S.Beant Singh

State vs. Paramjit Singh Bheora

State vs. Paramjit Singh Bheora

Khalsa Gurmeet Khalsa

Navjot Singh and Jagroop Singh are township. Co-accused Babbar

Singh Hawara, Jagrup Singh, Balwant Singh, Dilawar

State vs. Paramjit Singh Bheora

killing of S.Beant Singh, for which

State vs. Paramjit Singh Bheora

July, 1995 Paramjeet Singh, Navjot Singh

State vs. Paramjit Singh Bheora

explosives and remote control devices etc. Singh Hawara concealed

State vs. Paramjit Singh Bheora

sent a coded message to Jagtar Singh Tara Shekhar, employer, telephone

State vs. Paramjit Singh Bheora

(xiii) Nivaran, and

Paramjit No.243, Singh,

asked Paramjeet Singh to contact Dilawar

State vs. Paramjit Singh Bheora

magazines big black

State vs. Paramjit Singh Bheora

(xx) Gurmeet Balwant

During Singh, Singh,

28.8.1995 Hawara, and

concealed explosives The

Thereafter material Phase Hawara

concealed it there. (xxii) In the evening of 29.8.1995

State vs. Paramjit Singh Bheora

Tara was driving the Car. Dilawar

State vs. Paramjit Singh Bheora

State vs. Paramjit Singh Bheora

the belt-bomb underneath it.

State vs. Paramjit Singh Bheora

Dilawar Tara left

around 5.00p.m on 31.8.1995. (xxxiv) At about 5.10 p.m, S.Beant Singh

Chief Minister's car and immediately there

State vs. Paramjit Singh Bheora

State vs. Paramjit Singh Bheora

Sabharwal, meters from

State vs. Paramjit Singh Bheora