Hon'ble Judges/Coram:
M.K. Mukherjee and S.P. Kurdukar

ORDER

S.P. Kurdukar, J.

1. This Criminal Appeal under Section 19 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'TADA') is filed by the appellants accused challenging the legality and correctness of the impugned judgment and order of convictions dated 15th February, 1996 passed by Addl. Judge, Designated Court, District Jail, Nabha, under Sections 302/34 and 397 of the Indian Penal Code as also under Section 3 of TADA.

2. The prosecution story as unfolded at the trial is as under:

Jagjit Singh, S.H.O (P.W. 6) attached to the police station, Sadar, on 22-3-1991 was posted on patrolling duty in the jurisdiction of Bahadurgarh Town alongwith constables Mohinder Singh (P.W. 4), Sohan Singh and Madan Lal (P.W. 5). While they were on duty near the gate of Escort & Goetze Factory, Bahadurgarh, Paramjit Singh (A-1) and Satnam Singh (A-2) came there and told that they intended to have room on rent and for that purpose they requested Sukhdev Singh (since deceased) to accompany them so that they will have a drink and then find out the suitable room on rent. Saying so, according to the prosecution, both the accused and Sukhdev Singh left in the direction of Mandirwali Pulli. It is alleged by the prosecution that one gentleman on bicycle informed Mohinder Singh (P.W. 4) and Madan Lal (P.W. 5) who were on patrolling duty that a person in the police uniform was lying in an injured condition near Mandirwali Pulli. Thereafter, Jagjit Singh, S.H.O (P.W. 6) went to the place of occurrence and found Sukhdev Singh was lying with bleeding injuries. Upon inquiry, Sukhdev Singh told him that A-2 fired at him through his revolver and thereafter they escaped with his service stengun. The detailed statement of Sukhdev Singh (since deceased) was then recorded by Jagjit Singh, S.H.O (P.W. 6) and marked as Ex.PD/1. On the basis of this statement, a crime was registered under Sections 307/34 IPC; 3, 4, 5 and 6 of TADA and 25 of the Arms Act. Sukhdev Singh was then shifted to Rajendera Hospital, Patiala for medical treatment. During investigation, blood stained earth was collected from the spot in a small tin box and after sealing the same, it was sent to the Chemical Analyser. Sukhdev Singh, while in the hospital succumbed to his injuries on 2nd May, 1991. Dr. Jagjit Kumar (P.W. 9) carried out the post mortem examination and his report is at Ex.PB/1. It is noticed from the record that both the accused were arrested on 25th April, 1991 in another crime and were shown to have been arrested in the present crime on 28th April, 1991. After completing the investigation, both the accused were put up for trial for the ........