Man Singh vs State of Haryana

G.S. Chahal, J.

This order will dispose of two connected of FIR No. 240 registered at Police Station Garhi on December 8, 1991 for offences under Sections 216A IPC 4(3), 3 and 6 of Terrorists and Disruptive Activities (Prevention) Act, 1987. The FIR recorded on the basis of the statement of Lakhi Ram when translated reads as under :

"I am a resident of village Pipaltha, ages 35 years and I am a labourer. On the night between 7/8121991 at about 8 p.m. Giani Ram so of Lila Ram Caste Balmiki resident of the village was watering the field of Om Parkash Mahajan deceased which is adjacent to the fields of Sucha Singh son of Sunder Singh Jat resident of the village At the tubewell of Sucha Singh, in addition to him his sons namely Balvinder Singh and Hardip Singh were also present. In our presence Kala Rokha son of Maluk Singh, Jat, resident of village Pipaltha came and he started talking to them in low voice. We could not hear the talk because of low voice and we both because of fear came back to our house and went to sleep. Two/three days earlier both of us had gone for collecting grass to the Dera in village Pipaltha belonging to Man Singh son of Lubh Singh Jat Sikh. At that time, this Kala Rokha was at the Dera of Man Singh was talking. On that day because of the fear of terrorism, we could not go to report to the police. Terrorist Sucha Singh and his sons namely Balvinder Singh and Hardip Singh and Man Singh etc. had called Kala Singh and other extremists and got murdered Om Parkash Mahajan because of the dispute of this land. This Kala Singh has joined the gang of extremists for quite sometime and I alongwith Giani Ram was coming to you at the Police Station when you met me at the Canal Bridge and recorded my statement. Action should be taken against him."

Sucha Singh and others in their petition have also placed on record a statement of Giani Ram recorded under Section 161 Cr.P.C. wherein he has supported the statement of Lakhi Ram in the same form.

Man Singh interalias relied on the fact that Kala Singh son of Maluk Singh of village Pipaltha had died of poisoning and proceedings under Section 174 had been carried out with respect to his death by Dharamkot Police. According to this report, the police having surrounded a Dhani of Piara Singh had overpowered Kala Singh, who while being taken of the police jeep consumed poison and while he was being taken, he confirmed that he was Kala Singh @ Faujji son of Maluk Singh resident of Pipaltha (Haryana) and was required in a case of police station Dharmkot. Maluk Singh was examined by the Magistrate under the orders of this Court wherein he stated that Kala Singh never came to him since he left the house. The police had, however, taken him and got his thumb impression forcibly on some papers. The petitioner also placed on record an affidavit of Balwant Singh, Sarpanch to the effect that there was no other person by the name of Kala Singh son of Maluk Singh.

Beside the fact that the documents placed on record establish the death of Kala Singh son of Maluk Singh on October 31, 1991. That is to say prior to the registration of the present case, the allegations made in the FIR do not speak of any harboring of Kala Singh son of Maluk Singh by any of the petitioners. The mere fact that Kala Singh was seen talking to Sucha Singh and his sons at his tubewell or to Man Singh at his Dera is no evidence of Kala Singh having been harboured by any of them. In this situation, even assuming the facts given in the FIR to be correct, no case under Section 216A IPC and Sections 4(3), 3 and 6 of Terrorist and Disruptive Activities (Prevention) Act, 1987 is made out.

I hereby accept that petitions and quash impugned FIR against all the petitioners. The petitions stand disposed of.