JUDGMENT

A. K. PATNAIK, J.

This is an appeal by way of special leave under Article 136 of the Constitution against the judgment of the Punjab & Haryana High Court in Criminal Appeal Nos. 768-SB of 1997 & 769-SB of 1997 arising out of a complaint case.

Facts of the case:

2. The facts very briefly are that on 09.02.1989 at about 5.00 a.m. Shankar Dass, who was the Principal of D.A.V. Higher Secondary School, Balachaur, was shot dead by terrorists and Ramesh Kumar, son of the deceased Shankar Dass lodged FIR No. 13 on 09.02.1989 in Police Station, Balachaur. Thirty two persons of village Paili filed a petition before the SHO, Police Station, Balachaur, alleging that terrorists frequent the house of the complainant in Village Paili. The appellants who were posted in Police Station, Balachaur went to the house of the complainant and picked up the complainant and one Kamaljit Kaur, who were working as ‘dai’ and nurse respectively, and brought them to the Police Station. On 13.02.1989, the complainant sent a petition to the Governor of Punjab by a registered letter alleging that she along with Kamaljit Kaur were taken to the Police Station on 09.02.1989 at 7.00 a.m. and were asked whether the