Judgment

GOSWAMI, J. - These appeals under the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, are directed against the judgment and order of the High Court of Punjab and Haryana convicting five of the appellants (Satbir Singh, Paramjit Singh, Harbhajan Singh, Shiv Narain and M. P. Singh) under S. 302/120B, Indian Penal Code, and sentencing them to imprisonment for life. Satbir Singh was also convicted on the sole testimony of Puran Singh under S. 364, I. P. C. and sentenced to rigorous imprisonment for seven years and fine. The remaining eight appellants (Ajit Singh, Darshan Singh, Arjan Singh, Baghal Singh, Tara Singh, Dial Singh, Bachan Singh, and Malook Singh) were convicted under S. 364, I. P. C. and sentenced to seven years rigorous imprisonment and fine. They had all earlier been acquitted by the Additional Sessions Judge, Amritsar.

2. This case throws a lurid light on smuggling activities at the international India-Pakistan border near Amritsar.

3. Amongst the appellants (hereinafter to be described as the accused) M. P. Singh was an Inspector of the Border Security Force (BSF), Shiv Narain was a Sub Inspector (BSF) and Harbhajan Singh was a Constable (BSF). Accused Ajit Singh is the father of the two accused, Satbir Singh and Paramjit Singh. Ajit Singh is alleged to be a big smuggler indulging in his smuggling activities at the India-Pakistan border with his two sons and the other accused persons, namely, Darshan Singh, Arjan Singh, Baghal Singh, Tara Singh, Dial Singh, Bachan Singh and Malook Singh. It is alleged that Inspector M. P. Singh, S. I. Shiv Narain and Constable Harbhajan Singh, along with other BSF personnel were conniving at the smuggling activities of Ajit Singh and party and were reaping their illegal harvest.

Shingara Singh and his son Hardip Singh and Kartar Singh are the three deceased whose murders form the subject-matter of this case. While the dead bodies of Hardip Singh and Kartar Singh were found that of Shingara Singh was not available.

4. Puran Singh (PW 3) son of Shingara Singh (deceased) was a member of the gang of smugglers headed by accused Ajit Singh and in the course of smuggling activities there was a quarrel with regard to the sharing of money to the extent of Rs. 15000/- which was said to be his due and which Ajit Singh and party were not paying. A few months prior to July 6, 1970, the date of occurrence, when accused Satbir Singh, Jasbir Singh and ten or twelve labourers along with Puran Singh smuggled 15 jackets of gold each weighing 1000 tolas from Pakistan into Indian territory with the connivance of Inspector M. P. Singh and S. I. Shiv Narain (BSF), Puran Singh succeeded in slipping away under the cover of darkness with two jackets of gold. The gold with which Puran Singh fled away was then worth about Rs. 5 to 6 lakhs.

5. May 20, 1970: A report was lodged by Shingara Singh, deceased, at Police Station, Gharinda, alleging that his son Puran Singh (PW 3) who had been carrying on smuggling activities with the sons of accused Ajit Singh was taken away by accused Satbir Singh and some others (not before us) on May 6, 1970, in a car. He did not then suspect anything. But now he had a firm suspicion that Satbir Singh, Jasbir Singh and Paramjit Singh, sons of Ajit Singh of village Burj, Rajinder Singh and Marhar Singh, had abducted his son Puran Singh over a dispute about the smuggled gold and they had kept him concealed at some unknown place with the intention to kill him. On receipt of this report a case under S. 364, IPC was registered by S. I. Baldev Singh (PW 63) at Police Station, Gharinda (Ex. P. P. Y.)

6. July 7, 1970: A report was sent to Police Station, Gharinda, by accused Shiv Narain, S. I. (BSF) about an encounter of BSF with smugglers on the midnight of July 6, 1970, on the border of India-Pakistan at Border Pillar No. 100 near Amritsar that "two sikh young men" fell dead to the fire opened by the Border Security Force of the Indian side.

7. July 17, 1970: The first