JUDGMENT

D. Raju, J.- Four persons, including the respondent Jaspal Singh, were proceeded against pursuant to an FIR bearing No. 237/83 registered on 10.11.83 and after concluding the investigation, the following four persons stood charged for facing trial before the Addl. Sessions Judge, New Delhi, in Sessions case No. 33 of 1984:

1. Maj. Genl. (retd.) F.D. Larkins, New Delhi, s/o Late H.D. Larkins

2. A.V.M. (retd.) K.M. Larkins, Lucknow (U.P.), S/o Late H.D. Larkins

3. Lt. Co. (retd.) Jasbir Singh, New Delhi, s/o Shri Ranbir Singh

4. Jaspal Singh Gill @ Jassi Gill, New Delhi, s/o Late Kartar Singh

2. All of them stood charged for offences under Sections 3, 5 and 9 of the Official Secrets Act, 1923 (for short the Act ) and also under Section 120B of the Indian Penal Code (for short "IPC"). That apart, in sessions case No. 31 of 1984 the accused No. 1 above stood further charged under Section 61 of the Punjab Excise Act, as extended to Delhi, and in Sessions case No. 32 of 1984 he was also charged under Section 25 of the Arms Act.

3. Since, the evidence in all the above cases were considered to be common