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Central Bureau of Investigation Vs Jagtar Singh Hawara and Balwant

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Central Bureau of Investigation Vs Jagtar Singh Hawara and Balwant Central Bureau Of Investigation vs Jagtar Singh Hawara And Balwant ... on 12 October, 2010 Punjab-Haryana High Court Punjab-Haryana High Court Central Bureau Of Investigation vs Jagtar Singh Hawara And Balwant ... on 12 October, 2010 MURDER REFERENCE NO.6 OF 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. MURDER REFERENCE NO.6 OF 2007 AND CRIMINAL APPEAL NO.731-DB OF 2007 DECIDED ON- OCTOBER 12, 2010 Central Bureau of Investigation ......Prosecutor Versus Jagtar Singh Hawara and Balwant Singh ......Accused-Respondent AND Jagtar Singh Hawara and others ..........Appellants Versus State through Central Bureau of Investigation ......Respondent Coram HON'BLE MR. JUSTICE MEHTAB S.GILL HON'BLE MR.JUSTICE ARVIND KUMAR Present: Mr.Baldev Singh, Sr. Advocate with Mr. Sudhir Sharma, and Sh.Deepender Singh,Advocates for the appellants. Mr.S. K. Saxena, Advocate and Mr. R. K. Handa, Advocates for C.B.I Mr. R.S. Bains, Advocate. MEHTAB S.GILL, J We will be deciding Murder Reference No. 6 of 2007 of Jagtar Singh Hawara and Balwant Singh and Crl. Appeal No. 731-DB of 2007 of Jagtar Singh Hawara, Lakhwinder Singh @ Lakha @ Hero, Gurmit Singh @ Meeta and Shamsher Singh by a common judgment as the evidence of the prosecution is the same in all the cases. On 31.8.1995 at 5:10 pm, a bomb blast took place in the Punjab MURDER REFERENCE NO.6 OF 2007 2 and Haryana Civil Secretariat, in which 17 persons were killed namely the then Chief Minister S.Beant Singh, Yashpal Bali, Kultar Singh, Jagjit Singh Kotana, Laxman Dass, Swaran Singh, Rajinder Parshad, Balbir Singh, Dr. Anil Kumar Duggal, Tota Ram, Ajaib Singh, Jagdish Singh son of Dayal, Mukhtiar Singh, Chamkaur Singh, Ranjodh Singh Mann,Dhanwant Singh and Baldev Singh (MLA). In this blast, the human bomb Dilawar Singh also perished and a number of persons were injured namely Manojit Pal Singh (PW56), Bakshish Singh (PW143), Kulwant Singh (PW142), Kesar Dumra (PW57), SI Amar Singh (PW42), Varinder Rana (PW141), D. K. Tripathi (PW78), Satinder Kumar (PW58), Upkar Singh (PW129), Joginder Pal Singh (PW128) and complainant Constable Pala Ram (PW 77). The witnesses who were not examined but were injured were Manmohan Singh, Mahavir Parshad, Constable Durga Dass and Pushpinder Kumar. After the occurrence, on the statement Ex. PW30/3 of C Pala Ram, FIR Ex. PW30/4 was registered on 31.8.1995, at 8:45 pm in Police Station, Sector 3, Chandigarh. Constable Pala Ram PW77 stated that he was posted as a Constable in Haryana Police(HAP) Ist B.N. In the year 1995, his unit was posted at Punjab Civil Secretariat, Chandigarh. On 31.8.1995, he was on duty on the Indian Kanoon - http://indiankanoon.org/doc/1498708/ 1 Central Bureau Of Investigation vs Jagtar Singh Hawara And Balwant ... on 12 October, 2010 VIP main gate from 2 pm to 5 pm. Alongwith him was HC Ajaib Singh. There were other officials of the Punjab police at the VIP gate. At about 5:05 pm, S. Beant Singh (Former Chief Minister) was to go and a motor cavalcade had lined up in the porch, under the security cover of the Punjab Police, National Security Guard ( hereinafter called NSG) and other security personnel. At about 5:10 pm, S.Beant Singh came down at the VIP MURDER REFERENCE NO.6 OF 2007 3 gate, accompanied by security personnel. The other security personnel took their positions. The then Chief Minister came to sit in his vehicle and thereafter a powerful blast took place whereby the car of the Chief Minister and other vehicles caught fire. The Chief Minister was killed at the spot alongwith a number of other persons. This blast was done by terrorists with the common object of killing S.Beant Singh and other personnel. Constable Pala Ram further stated that he was also injured in the explosion. This case, on the same day i.e on 31.8.1995, was transferred to the Central Bureau of Investigation who registered another FIR Ex.247-2. The FIR by Central Bureau of Investigation was the same as registered by the U. T Police and as stated by Constable Pala Ram. For the murder of the above persons, Jagtar Singh Tara, Navjot Singh, Nasib Singh, Shamsher Singh, Balwant Singh and Jagtar Singh Hawara were put on trial. The other accused Wadhawa Singh, Mehal Singh, Jagroop Singh, Manjinder Singh, Resham Singh, Harjit Singh who were also allegedly involved in the conspiracy, were declared proclaimed offenders. Jagtar Singh Tara during the course of trial escaped and was thereafter declared a proclaimed offender. Paramjit Singh, who was initially declared a proclaimed offender, was arrested and was now facing trial. Navjot Singh was acquitted by the ld. trial Court. Jagtar Singh Hawara and Balwant Singh were sentenced to death. Nasib Singh was sentenced to 10 years rigorous imprisonment under the Explosive and Substances Act 1884. Shamsher Singh was sentenced to life imprisonment. The following was the sentence awarded to the appellants. MURDER REFERENCE NO.6 OF 2007 4 Name of Under Section Sentenced to the accused 1.Nasib Singh 5(b) of Explosive To undergo RI for 10 years and to pay a fine of Rs.10,000/- Substances Act failing which to further undergo simple imprisonment for three year 2.Balwant 1.302 r/w s. 120-B Sentenced to death and both of them be hanged by neck till Singh and IPC they are dead. They are also sentenced to pay a fine of Jagtar Singh Rs.7,000/- each, and in default of payment of fine, to further Hawara undergo simple imprisonment for a period of three years each. RI for 10 years and to pay a fine of Rs.5,000/- each, and in default of payment of fine, to further undergo simple 2. 307 r/w S. 120-B imprisonment for a period of three years each. IPC R.I for 10 years and to pay a fine of Rs.5,000/- each, and in 3. 306 r/w s.109 r/w default of payment of fine, to further undergo simple S 120-B IPC imprisonment for a period of three years each. R.I for life and and to pay a fine of Rs.5,000/- each, and in Indian Kanoon - http://indiankanoon.org/doc/1498708/ 2 Central Bureau Of Investigation vs Jagtar Singh Hawara And Balwant ... on 12 October, 2010 4. 3(b) r/w S,6 of default of payment of fine, to further undergo simple Explosive imprisonment for a period of three years each. Substances Act. R.I for 10 years and and to pay a fine of Rs.5,000/- each, and 5. 4(b)(ii) r/w S.6 of in default of payment of fine, to further undergo simple Explosive imprisonment for a period of three years each. Substances Act R.I for 10 years and and to pay a fine of Rs.5,000/- each, and 6. 5(b) r/w S.6 of in default of payment of fine, to further undergo simple Explosive imprisonment for a period of three years each. Substances Act MURDER REFERENCE NO.6 OF 2007 5 3.Gurmit 1.302 r/w 120-B Imprisonment for life each and to pay a fine of Rs.10,000/- Singh, IPC each, and in default of payment of fine to further undergo Lakhwinder simple imprisonment for three years each. Singh and Shamsher Singh R.I for 10 years and to pay a fine of Rs.5,000/- each and in 2.307 r/w S.120-B default of payment of fine, to further undergo simple IPC imprisonment for a period of three years each. 3. 306 r/w S.109 r/w R.I for 10 years and to pay a fine of Rs.5,000/- each and in S 120-B IPC default of payment of fine, to further undergo simple imprisonment for a period of three years each. 4. 3(b) r/w S.6 of R.I for life and to pay a fine of Rs.5,000/- each and in default Explosive of payment of fine, to further undergo simple imprisonment Substances Act. for a period of three years each. 5. 4(b)(ii) r/w S. 6 of R.I for 10 years and to pay a fine of Rs.5,000/- each and in Explosive default of payment of fine, to further undergo simple Substances Act imprisonment for a period of three years each. 6. 5(b) r/w S. 6 of R.I for 10 years and to pay a fine of Rs.5,000/- each and in Explosives default of payment of fine, to further undergo simple Substances Act imprisonment for a period of three years each. All the sentences awarded to the appellants were to run concurrently. Balwant Singh son of Malkiat Singh did not file an appeal, but since there is a murder reference before us of Balwant Singh also, evidence against him will also have to be re-appreciated. MURDER REFERENCE NO.6 OF 2007 6 Learned counsel for CBI Mr. S.K. Saxena has argued that a wireless message Ex. P23/1 was sent by Constable Kartar Singh PW23 that a fire had broken out and the Fire Brigade be sent. Another message was sent at 17:16 pm on 31.8.1995 by the Senior Superintendent of Police to all concerned, that a bomb blast had taken place at the Punjab and Haryana Secretariat. Constable Subhash Chander PW27 sent a wireless message at 17:25 pm that a magnum (Fire Brigade) be sent as bomb blast had Indian Kanoon - http://indiankanoon.org/doc/1498708/ 3 Central Bureau Of Investigation vs Jagtar Singh Hawara And Balwant ..
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