# Rajendra Giri & Ors. (In Jail) v. C.B.I

- **Citation:** (2020) 12 ILRA 42
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2020-10-22
- **Case number:** Crl. Appeal No. 1575 of 2012
- **Bench:** Mrs. Sunita Agarwal, Dinesh Pathak
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/rajendra-giri-ors-in-jail-v-c-b-i-45594
- **Pages:** 38

## Headnote

Criminal Law-Criminal Appeal has been filed
against the conviction U/S 120 -B, 302,364 and
218 IPC.
Lapse in investigation- itself would not be
sufficient to throw away the entire prosecution-
based on manufactured document.

Nothing is found on record which would reveal
that the police was in receipt of intelligence.

No FIR had been lodged with regard to the
incident of encounter.

No
independent
investigation
regards
the
incident by competent officer till direction issued
by the apex court, no magisterial enquiry U/S
176 Cr.P.C. was held, no information was given
to the National Human Right Commission or
State Human Right Commission.

Relatives of the alleged criminal/victim/deceased
had not been informed by the police.

Prosecution has proved this case beyond
reasonable doubts. Sentence awarded to the
applicants is minimum. The same requires no
interference.

Appeal dismissed. (E-2)

List of Cases cited: -

## Text

_Characters 0–39,920 of 132,336. This is a partial read: ask again with offset=39920 for what follows._

42 INDIAN LAW REPORTS ALLAHABAD SERIES
conviction and sentence of the appellants
by the trial court for the murder of
deceased Smt. Vidya is also hereby upheld.

32. Both the appeals lack merit and
are accordingly, dismissed.

33. The appellants are stated to be in
jail. They shall serve out the sentence
awarded by the trial court.

34. Let the lower court record along
with a copy of this order be transmitted to
the trial court concerned for necessary
information and follow up action, if any.
----------
(2020)12ILR A42
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 22.10.2020

BEFORE

THE HON'BLE MRS. SUNITA AGARWAL, J.
THE HON'BLE DINESH PATHAK, J.

Crl. Appeal No. 1575 of 2012
connected with
Crl. Appeal Nos. 1594 of 2012 and 1345 of 2012

Rajendra Giri & Ors. ...Appellants(In Jail)
Versus
C.B.I. ...Opposite Party

Counsel for the Appellants:
Sri J.S.P. Singh, Sri Abhilasha Singh, Sri Ashutosh
Yadav, Sri Braham Singh, Sri Dharmendra Singhal,
Sri Parvez Ahmad, Sri Rajesh Yadaav, Sri Ravi
Prakash Singh, Sri Shyam Lal, Sri V.M. Zaidi, Sri
Vinod Singh, Sri Yogesh Srivastava

Counsel for the Opposite Party:
Sri Pranay Krishna, A.G.A., Sri Amit Mishra,
Sri Gyan Prakash, Sri N.I. Jafri

Criminal Law-Criminal Appeal has been filed
against the conviction U/S 120 -B, 302,364 and
218 IPC.
Lapse in investigation- itself would not be
sufficient to throw away the entire prosecution-
based on manufactured document.

Nothing is found on record which would reveal
that the police was in receipt of intelligence.

No FIR had been lodged with regard to the
incident of encounter.

No
independent
investigation
regards
the
incident by competent officer till direction issued
by the apex court, no magisterial enquiry U/S
176 Cr.P.C. was held, no information was given
to the National Human Right Commission or
State Human Right Commission.

Relatives of the alleged criminal/victim/deceased
had not been informed by the police.

Prosecution has proved this case beyond
reasonable doubts. Sentence awarded to the
applicants is minimum. The same requires no
interference.

Appeal dismissed. (E-2)

List of Cases cited: -

1. People's Union for Civil Liberties & anr Vs St.
of Mah.

2. R.S. Sodhi Advocate Vs St. of U.P.

3. Satyavir Singh Rathi, Assistant Commissioner
of Police and ors. Vs St. through Central Bureau
of Investigation

4. Rohtash Kumar Vs St. of Hary.

5. Om Prakash Vs St. of Jhar. & ors.

6. People's Union for Civil Liberties (supra)

(Delivered by Hon'ble Mrs. Sunita
Agarwal, J. &
Hon'ble Dinesh Pathak, J.)

1. Three connected Criminal Appeals
have
been
preferred
by
seventeen
appellants who have been convicted and
12 All. Rajendra Giri & Ors. Vs. C.B.I.
43
sentenced for life imprisonment. All the
appellants except the appellant Jaipal Singh
(who is on bail) in Criminal Appeal No.
1345 of 2012, are represented by a battery
of lawyers. Sri Dileep Kumar, learned
Senior Advocate assisted by Sri Vinod
Singh
learned
counsel
has
put
in
appearance on behalf of three appellants
namely Dhirendra Singh Yadav, Shamim
Khan and Shambhu Datt Sharma. Sri Satish
Trivedi, learned Senior Advocate assisted
by Sri Sheshadri Trivedi learned counsel
has appeared on behalf of the same
appellants in the connected criminal appeal.

Sri Sudhir Dixit, Sri Chandra
Bhushan Yadav, Sri Ravi Prakash Singh,
Sri Braham Singh and Sri Shyam Lal
appear for the remaining appellants.

After conclusion of the arguments
of the counsels for the appellants, which
continued for about a period of one week, a
request was made on behalf of Sri Gyan
Prakash, learned Senior Advocate for the
Central Bureau of Investigation (C.B.I.) for
adjournment of the hearing. We made it
clear that we were not inclined to adjourn
the hearing for absence of the counsel for
the C.B.I. at that stage, but no one appeared
to assist the Court on behalf of C.B.I.

We are constrained to record our
displeasure for absence of the counsel for
the C.B.I., without any prior information to
the Court or the counsels for the other side.

Sri Dileep Kumar learned Senior
Advocate ably assisted by Sri Vinod Singh
learned counsel has addressed the Court at
length on all issues in the appeals. All other
advocates appearing for the remaining
appellants have adopted the arguments
extended by Sri Dileep Kumar learned
Senior Advocate and added only on one or
two points which would be dealt with at the
appropriate stage in this judgment. It is
informed by the learned Advocates that the
appellant Doji Singh had died during
pendency of these appeals and all other
appellants except Jaipal Singh are in jail.
Since only one appellant Jaipal Singh (who
had been released on bail) is unrepresented,
we have appointed Sri Vinod Singh learned
Advocate as an Amicus Curiae to assist the
Court on his behalf. During hearing, Sri
Vinod Singh has adopted the arguments
extended by Sri Dileep Kumar learned
Senior Advocate, for appellant Jaipal
Singh.

2. These appeals are directed against
the judgment and order dated 29.3.2012
passed by the Special Judge, C.B.I. Court
No. 1, Ghaziabad in Sessions Trial No. 01
of 2002 (C.B.I. vs. Dhirendra Singh Yadav
and others) under Sections 120-B, 302, 364
and 218 IPC, Police Station C.B.I., Delhi in
R.C. No. 18(S)/93.

Accused Dhirendra Singh Yadav,
Raj Kumar, Brij Bhusan Sharma, Rajendra
Giri, Shambhu Datt Sharma, Kalwa Singh,
Lajwant Singh, Shamim Khan, Dinesh
Chandra, Balbir
Singh,
Ram Niwas,
Amarjeet Singh, Kiranpal Singh, Jagat
Singh, Rashi Pal Singh and Jaipal Singh
have been convicted for the offences under
Section 120-B readwith Section 364 and
Section 302 IPC and sentenced for rigorous
life imprisonment with fine to the tune of
Rs. 5000/- each, with the condition that in
case of non-deposit of fine, they would
have
to
undergo
additional
simple
imprisonment for one month. The above
named appellants except Jaipal Singh have
also been convicted under Section 302/34
IPC,
additionally,
for
rigorous
life
imprisonment and fine of Rs. 5,000/-, with
the condition that in case of non-payment
of fine, they would have to undergo
additional simple imprisonment for one
month. In addition to the above, accused
44 INDIAN LAW REPORTS ALLAHABAD SERIES
Dhirendra Singh Yadav, Shambhu Datt
Sharma, Kalwa Singh, Shamim Khan,
Dinesh Chandra, Doji Singh, Jagat Singh,
Amarjeet Singh, Rashi Pal Singh and Jaipal
Singh have also been convicted under
Section 120-B readwith Section 364 IPC
for rigorous imprisonment of ten years with
fine of Rs. 5,000/- and in case of nondeposit of fine, they would have to undergo
additional simple imprisonment for one
month. Accused Dhirendra Singh Yadav
has also been convicted under Section 218
IPC for three years rigorous imprisonment.
All the above punishments are to run
concurrently.

3. Before coming to the prosecution
story, it would be appropriate to note
certain relevant facts of the case. The first
information
report
dated
15.11.1993
namely RC-18(S)/93-SIU.V was registered
at about 11:30 AM in Delhi Special Police
Establishment SIC-II Branch pursuant to an
order
dated
15.11.1993
of
SP/CBI/SIC.II/New
Delhi,
which
was
passed in pursuance of the order dated
8.10.1993 passed by the Supreme Court in
Criminal Writ Petition No. 632/92 filed by
one S. Sharanjit Singh son of S. Mohinder
Singh
of
Majithia,
District Amritsar
(Punjab) against Delhi Administration and
others. The Apex Court therein had
entrusted the matter relating to abduction of
deceased Jaswinder Singh @ Jassa son of
Bachan Singh resident of Majitha, District
Amritsar (Punjab) to the Central Bureau of
Investigation (In short as "the C.B.I.") for
investigation. In the aforesaid petition, a
copy of which was sent to the C.B.I. on the
directions of the Apex Court alongwith its
order, it was alleged that Jaswinder Singh
@ Jassa aged about 30 years, a Sewadar of
Gurudwara Rakabganj, New Delhi (in short
hereinafter referred to as "the Gurudwara")
was forcibly taken away by some unknown
police personnel of the U.P. Police, on
30.10.1992 at about 8:30 AM from near a
temple outside the Gurudwara. The matter
was immediately reported at the Police
Outpost North Avenue, New Delhi. In
pursuance to the said information, lookout
notices were issued to all SHO(s) and
DCP(s) Delhi as also to all SP(s) in India
including all SSP(s) of the State of U.P. It
was alleged that Ajit Singh, the Manager,
Delhi
Sikh
Gurudwara
Management
Committee had also lodged a written
complaint
with
the
Police
Station,
Parliament Street, New Delhi at 8:50 AM
on 30.10.1992 stating therein that deceased
Jaswinder Singh @ Jassa was forcibly
taken away at about 8:30 AM on
30.10.1992 by unknown persons who came
in two vehicles, from the place near
Talkatora
Road-Gurudwara
Rakabganj
Road outside the Gurudwara. Some of the
persons were said to be in plain clothes
while others were in uniform. The Delhi
Police registered a case namely FIR No.
400/92 on 17.11.1992 at 8:45 PM under
Section 365 IPC. It was alleged that the
U.P. Police had also registered a case
namely FIR No. 187/92 dated 31.10.1992
under Section 392 IPC readwith Section
3/4 of Terrorist and Disruptive Activities
(Prevention) Act, 1987 (In short as "the
TADA Act"), at Police Station Baradhpur,
District Bijnor (U.P.), reporting therein that
the Police party led by Sri Dhirender Singh
Yadav, Station House Officer of the Police
Station Baradhpur had an encounter with
two unknown Sikh militants near Village
Kanshiwala and in exchange of fire one
unidentified militant had been killed,
whereas another managed to escape. After
the encounter, the police recovered one
AK-56 Rifle bearing No. 17036926, a
DBBL Gun and one Magazine with 25 live
cartridges of AK-56 Rifle etc. from the spot
of encounter. The Apex Court in its order
12 All. Rajendra Giri & Ors. Vs. C.B.I.
45
dated 15.12.1992 in the aforesaid petition
had observed that as per the affidavit filed
by the Deputy Commissioner of Police,
New Delhi District, deceased Jaswinder
Singh @ Jassa was taken away by the U.P.
Police. A direction was issued to the
Director General of Police, U.P. to look
into the matter and submit a report. An
affidavit was then filed by D.I.G. (Admin)
on behalf of the Director General of Police,
U.P. on 5th March, 1993 before the Apex
Court stating therein that the allegations in
the aforesaid writ petition could not be
substantiated and that the matter had been
entrusted to the Criminal Branch of CID for
enquiry.

In
view
of
the
aforesaid,
following order dated 8.10.1993 was
passed by the Apex Court:-

"We have examined the Report
produced before us by the Delhi Police
during the investigation of the Case. There
are material circumstances on the record
which give a prima facie indication that
Jaswinder Singh was taken away by UP
Police from Delhi on 30.10.92. The UP
Police has categorically denied the same.
In the facts and circumstances of this case,
we
direct
the
Central
Bureau
of
Investigation to hold an enquiry into this
matter and send a report to this Court
within six months from the receipt of the
Order. The Registry is directed to send a
complete copy of the paper book to the
Director, Central Bureau of Investigation,
New Delhi within one week from today. To
be listed after a report from the CBI is
received in this respect."

4. A regular case under Sections 365,
302/34 IPC was then registered by the
C.B.I. and the investigation was entrusted
to the then DSP/CBI/SIC-II. The order
dated 15.11.1993 of the registration of FIR
passed by SP/CBI/SIC-II, New Delhi has
been exhibited as "Exhibit Ka-63". In the
column for registration of said FIR for
mentioning the name and address of the
accused, "some unknown persons" had
been written.

5. As far as the First Information
Report No. 400 of 1992 dated 17.11.1992 is
concerned, it is relevant to note at this
juncture that the said report had been
lodged on the written information given by
Sub-Inspector, Sukhi Ram, the In-charge
Picket Post, North Avenue, New Delhi
stating therein that a missing report
(written) was given by Ajit Singh, the
Manager,
Delhi
Sikh
Gurudwara
Management
Committee.
Lookout
messages/notices on wireless sets were sent
but no information could be gathered about
the missing person namely Jaswinder Singh
@ Jassa. A Case under Section 365 IPC
was, therefore, to be lodged. On the said
report, the Delhi Police registered a
Criminal Case under Section 365 IPC on
17.11.1992 at the Police Station Parliament
Street, New Delhi and the information
about the said FIR was sent to the Senior
Officers. The letter of information given by
the SHO, Police Station Parliament Street
(written in English) alongwith the report of
S.I. Sukhi Ram, the In-charge, Picket Post
North Avenue (written in Hindi) has been
exhibited as "Exhibit Ka-9". An entry of
registration of FIR was also made in the
Daily Diary No. 20A dated 17.11.1992 at
the Police Station Parliament Street. The
written report dated 30.10.1992 (typed in
English) given by Ajit Singh, the Manager,
Delhi
Sikh
Gurudwara
Management
Committee had been entered with the
receiving DD No. 20A dated 17.11.92 at
08:50 PM in FIR No. 400/92 under Section
365 IPC. The said document dated
30.10.1992 has been exhibited as "Exhibit
46 INDIAN LAW REPORTS ALLAHABAD SERIES
Ka-5". Another copy of the said report with
Reference No. 5142/2-1 on which S.I.,
Sukhi Ram, the In-charge, Picket Post
North Avenue had submitted his report
dated 17.11.1992, has been exhibited as
"Exhibit Ka-5/1". The report of Sukhi Ram,
S.I., In-charge Picket Post, North Avenue
dated 17.11.1992 submitted at 08:45 PM is
exhibited as Exhibit 'Ka-5/2'.

There is an endorsement on
Exhibit Ka-5 of the SHO, Police Station
Parliament
Street,
New
Delhi
dated
30.10.1992, wherein In-charge, Picket Post
North Avenue had been directed to enquire.
The said endorsement has been exhibited
separately as Exhibit 'Ka-5/1'. Exhibit 'Ka3' is the document dated 30.10.1992 written
in Gurmukhi (Punjabi) by Satnam Singh,
addressed to the Manager, Delhi Sikh
Gurudwara Management Committee giving
intimation of the incident of abduction of
Jaswinder Singh @ Jassa at about 8:30 AM
from
the
road
outside
Gurudwara
Rakabganj. There is an endorsement of Ajit
Singh dated 30.10.1992 over the said report
to lodge a complaint with the Police Station
Parliament Street, which has been exhibited
as Exhibit 'Ka-3/1'. Exhibit 'Ka-1' is the
document in Gurmukhi (Punjabi) which is
the 'Leave Form' of Delhi Sikh Gurudwara
Management Committee, stated to have
been filled by Jaswinder Singh @ Jassa for
seeking sick leave from 4.10.1992 till
18.10.1992.

Exhibit 'Ka-6' is the proforma in
Punjabi issued by the Headmistress of the
School at Amritsar which records the date
of birth of Jaswinder Singh as '12.10.1967'.

Exhibit 'Ka-4' is the Seizure
Memo dated 16.12.1993 with regard to
seizure of the Personal File of Sewadar
Jaswinder Singh @ Jassa containing
application for service, papers relating to
his
transfer,
his
abduction
and
correspondence made by the Manager,
Delhi
Sikh
Gurudwara
Management
Committee and a photograph of Jaswinder
Singh as also attendance register of
Gurudwara Rakabganj staff for the period
from October, 1992 to January, 1993. The
said documents were handed over by
Satnam Singh, the Supervisor, Delhi Sikh
Gurudwara Management Committee to the
Investigating
Officer,
C.B.I.
namely
DSP/CBI/SIC.II, New Delhi. A note on the
seizure memo mentions that each page of
the File as well as of the attendance
Register had been signed by Sri Satnam
Singh,
the
Supervisor,
Delhi
Sikh
Gurudwara
Management
Committee,
Gurudwara Mata Sundri.

6. As per the prosecution, this is a case of
Extra-judicial killing. The deceased Jaswinder
Singh @ Jassa son of Bachan Singh resident of
Village Majitha, District Amritsar, Punjab was
appointed as Sewadar by Delhi Sikh Gurudwara
Management Committee on 21.3.1990 and since
then he was serving in Gurudwara Rakabganj,
New Delhi and was residing in quarter no. 9
located inside the Gurudwara premises. On
30.10.1992 at about 8:30 AM, when Jaswinder
Singh @ Jassa came out of Gurudwara
Rakabganj, two vehicles, one loaded with
persons, some in civil dress and others in police
uniform took him away from Talkatora RoadGurudwara Rakabganj road and he was killed in
an encounter on 31st October, 1992 at about 5:30
AM in Kanshiwala Forest within the circle of
Police Station Baradhpur, in a conspiracy
hatched by the police personnel of the Police
Station Baradhpur. The first information of
abduction of Jaswinder Singh @ Jassa was given
by Ajit Singh, the Manager, Delhi Sikh
Gurudwara
Management
Committee
on
30.10.1992.

After killing of Jaswinder Singh
@ Jassa on 31.10.1992, false cases were
12 All. Rajendra Giri & Ors. Vs. C.B.I.
47
registered as Case Crime No. 192/92 and
193/92 at Police Station Baradhpur, Bijnor
by Dhirendra Singh Yadav, the Station
House Officer of the said police station.
The accused Dhirendra Singh Yadav had,
thus, been charge sheeted under Section
218 IPC, for preparation of false papers
being a public servant with the intent to
cause loss to the public and thereby to save
himself from legal punishment knowing
that the offence committed by him would
result
in
punishment.
The
accused
persons/police personnel of the Police
Station Baradhpur had been charged of the
offences punishable under Section 302 IPC
readwith Section 120B IPC and Section
364 IPC readwith Section 34 IPC. The
charges were framed by the Additional
Sessions
Judge/Special
Judge,
Anti
Corruption, U.P. (East), Dehradun which
was the then Court of ordinary jurisdiction
for trial of such offence. The trial had
begun on the charge sheet submitted by the
DSP/CBI/SIC-II
countersigned
by
SP/CBI/SIC-II, New Delhi on 29.3.1996
after completion of the investigation
conducted on directions issued by the Apex
Court vide order dated 8.10.1993 in
Criminal Writ Petition No. 632/92.

7. In brief, the prosecution case is that
the first report of abduction of Jaswinder
Singh @ Jassa by some unknown persons,
from outside the gates of Gurudwara
Rakabganj, New Delhi, was given on 100
Dial Number on 30.10.1992 by Satnam
Singh,
the
Supervisor,
Gurudwara
Rakabganj at the Picket Police Post, at
North Avenue,
New Delhi.
On
the
information given by Satnam Singh (the
Supervisor) to Ajit Singh, the Manager,
Delhi
Sikh
Gurudwara
Management
Committee, a typed report was given by
Ajit Singh at the Police Station Parliament
Street, New Delhi. The first information
report namely Case Crime No. 400 of 1992
was, however, registered on 17.11.1992 at
about 8:45 PM at Police Station Parliament
Street, New Delhi.

8. After the matter went to the
Supreme Court on Criminal Writ Petition
No. 632 of 1992 filed by a relative of
Jaswinder Singh @ Jassa, the investigation
was entrusted to the Deputy Superintendent
of Police, C.B.I., SIC-II. The place of
encounter as noted above is Kanshiwala
Jungle within the jurisdiction of Police
Station Bahrapur. The charge sheet was
submitted by C.B.I. against 19 persons out
of whom trial was concluded against 17
persons who have been convicted for the
aforesaid offences, as two accused had died
during the course of trial.

9. The investigation revealed that out of
18 firearms which were used for firing in the
alleged encounter, 17 firearms had been
collected, two (2) empties out of 23 empties,
fired by police personnel, were linked to AK56 Rifle No. 17036926, which was allegedly
recovered from the spot besides the dead
body of deceased Jaswinder Singh @ Jassa
(alleged to have been used by him in the
encounter). Total 161 rounds were fired by
the police personnel, 67 empties of which
could only be recovered, and were deposited
by S.O. Dhirendra Singh Yadav, whereas 94
empties were allegedly lost. The recovery of
one AK-56 Rifle No. 17036926 alongwith 24
live cartridges and 4 empty cartridges and 2
magazines was shown from besides the dead
body of the alleged deceased militant
alongwith recovery of one DBBL Gun No.
3122/1360 alongwith 2 empty cartridges
which were allegedly left by another alleged
militant who managed to escape.

10. In respect of Case Crime No.
192/92 under Section 307 IPC and Section
48 INDIAN LAW REPORTS ALLAHABAD SERIES
3/4 TADA (P) Act and Case Crime No.
193/92 under Section 25 Arms Act, the
inquest proceedings were conducted by
Nishith Kumar, the then Sub-Divisional
Officer, Nagina. Sub-Inspectors Satwant
Singh; Amrik Singh a retired SubInspector; Sub-Inspector Tulsa Singh, all
residents of Village Kanshiwala, and two
other persons namely Gurdev son of Mela
Singh and Naseeb Singh son of Harnam
Singh,
both
residents
of
Village
Harbanswala
were
shown
as
Panch
witnesses of the inquest. The inquest was
allegedly conducted on the spot, in the
Jungle of Village Kanshiwala, Bijnor, on
31.10.1992 between 14 hours (2:00 PM) to
16:30 hours (4:30 PM).

11. The postmortem of the dead body
was conducted by Dr. Ram Kumar Gupta,
the
Senior
Medical
Officer,
District
Hospital Bijnor on 1.11.1992. As per the
postmortem report, deceased Jaswinder
Singh @ Jassa had sustained seven gunshot
injuries on both forearms, chest, stomach
and right thigh. The injury on right hand
palm of deceased had burning of skin and
scorching. The cause of death was
determined as shock and hemorrhage as a
result of multiple firearm injuries. After the
postmortem, the body was cremated at
Ganga Barrage, Bijnor on 1.11.1992 itself.

12. During the investigation by
C.B.I., the contention of accused police
personnel of Baradhpur Police Station was
that a police party headed by Station House
Officer, Dhirendra Singh Yadav comprising
of Sub-Inspector Nahar Singh, Constables
Sambhu Datt Sharma, Kalwa Singh,
Shamim Khan, Shishpal Singh, Dinesh
Chander, Doji Singh, Amarjit Singh, Jagat
Singh, Rishi Pal Singh and Jaipal Singh
had left the police station at about 17:10
hours on 29.10.1992 for combing and
search of militants. They went by Police
Station Jeep No. UP20/0371 driven by
Constable Driver (as recorded in G.D. No.
29) and a Vehicle No. UP20/4473 driven by
Constable Driver Kailash Chandra which
arrived at Police Station Baradhpur at
18:30 hours from the Police Line, Bijnor
and joined the police party (as recorded in
G.D. Entry No. 35). The said statement of
police personnel was found to be false. The
investigation report records that in fact
police party headed by S.H.O. Dhirendra
Singh Yadav accompanied with Nahar
Singh (Sub-Inspector), Avtar Singh and
Satwinder Singh, both residents of Village
Kot Juwan and Harbhajan Singh resident of
Village Choharwala first came to the Police
Line Bijnor in police station Jeep and red
colour Maruti van No. UP20/9651 owned
by Sri Mohesh Chander resident of
Baradhpur, which was driven by Chander
Prakash resident of Baradhpur. From the
Police Line, Vehicle No. UP20/4473 (Tata
Truck) was taken and the police party with
the above named persons had left for Delhi
in Vehicle No. UP20/4473 (Tata Truck) and
red Maruti van. Jaswinder Singh @ Jassa
was abducted by the said police personnel
from Delhi on 30.10.1992. He was taken to
P.S. Baradhpur and, thereafter, killed in
Kanshiwala forest at about 5:30 AM in a
fake encounter (Extra-judicial killing).

13. The prosecution had examined 46
witnesses in the Court to prove its case of
abduction with the intention to kill
Jaswinder Singh @ Jassa (deceased) under
Section 364/34 IPC and Section 302/120B
IPC and also for the offence punishable
under Section 218 IPC. Amongst the
witnesses of charge of abduction, PW-1 to
PW-7 were examined by the prosecution.

PW-1 Shyam Singh, posted as
Jaththedar in Gurudwara Rakabganj, New
12 All. Rajendra Giri & Ors. Vs. C.B.I.
49
Delhi had submitted in his examination-inchief that he was an employee in Delhi
Sikh Gurudwara Management Committee,
New Delhi since the year 1981. In the year
1990, he was posted as Jaththedar in
Gurudwara Rakabganj, New Delhi and was
given the charge of assigning duties to
Sewadars and to look into their well being.
Jaswinder Singh @ Jassa (deceased) was a
Sewadar in Gurudwara Rakabganj, New
Delhi in the year 1992 and he was residing
in quarter no. 9 inside the premises in
Gurudwara Rakabganj, New Delhi. The
attendance register of the said Gurudwara
(material "Exhibit D-38") which pertains to
the attendance of Sewadars for the month
of October, 1992) was maintained in his
handwriting. In the said register, at page '5'
at serial no. '31', the entries of presence of
Jaswinder Singh @ Jassa, Sewadar were in
his handwriting. Deceased Jaswinder Singh
@ Jassa was present in Gurudwara
Rakabganj, New Delhi on 1st, 2nd and 3rd
October, 1992 when his attendance was
recorded in the register. On 4th October,
1992, he took leave uptill 18.10.1992 and
left
Gurudwara
premises.
His
leave
application which was part of the record
was accepted under the signature of this
witness (PW-1, Shyam Singh). The reason
for applying leave was illness as mentioned
in the leave application. The said leave
application of Jaswinder Singh @ Jassa
was proved by PW-1 Shyam Singh and has
been exhibited as Exhibit 'Ka-1'. It was
then stated that a telegram sent by
Jaswinder Singh @ Jassa was received
seeking extension for eight days of leave
which was proved and exhibited as Exhibit
'Ka-VI'. PW-1 states that the presence of
employees was recorded in the register
with the letter 'I' and leave was mentioned
with the letter 'L', whereas for the absence
of employees letter 'A' was used. The letter
'R' in the Register denotes the entries on the
day of 'rest' given to the employee
concerned. As regards leave of Sewadar
Jaswinder Singh @ Jassa, it was stated that
he gave a medical certificate which was
proved as Exhibit 'Ka-7'. He states that as
per the entries in the attendance register,
Sewadar Jaswinder Singh @ Jassa was
present in the Gurudwara from 4.10.1992,
27.10.1992 and also on 28.10.1992 and
29.10.1992. The entries of leave of
Jaswinder Singh @ Jassa on the relevant
pages of the attendance register were
proved and exhibited as Exhibit 'Ka-2' in
the handwriting of PW-1 Shyam Singh.
PW-1 further stated that he was residing in
the Gurudwara premises while on duty. On
30.10.1992 at about 08:30 AM, when he
was going on duty, Ajayab Singh, another
Sewadar
of
Gurudwara
gave
him
information that the U.P. Police had taken
away Jaswinder Singh @ Jassa from
outside the Gurudwara near the temple. In
cross-examination, PW-1 had reiterated his
statement
in
the
examination-in-chief
regarding
maintenance
of
attendance
register, the leave application and medical
certificate submitted by the Jaswinder
Singh @ Jassa. On a suggestion that the
medical certificate did not bear the
signature or thumb impression of the
applicant (deceased), PW-1 stated that
Jaswinder Singh @ Jassa remained in
Gurudwara for few days while he was ill
and then he was asked by PW-1 to bring a
medical certificate to apply for leave. PW-1
denied the suggestion that attendance was
not being recorded on daily basis. As far as
receipt of telegram (Exhibit Ka-VI) for
extension of leave is concerned, PW-1
stated that the said telegram was not
received by him rather it was received in
the office of the Gurudwara and he had
received intimation of the same. PW-1 has
denied suggestion of the attendance register
being a forged or fabricated document and
50 INDIAN LAW REPORTS ALLAHABAD SERIES
stated that he did not record attendance of
Jaswinder Singh @ Jassa on 30.10.1992
and 31.10.1992 in the Gurudwara as he got
information that he was taken away by the
U.P. Police. The suggestion that the entries
of attendance of Jassa on 28.10.1992 and
29.10.1992 were forged and Jaswinder
Singh @ Jassa was not present on duty was
emphatically denied. He further denied the
suggestion that Sikh militants were being
given shelter in the Gurudwara and
deceased Jaswinder Singh @ Jassa was a
militant. He reiterated that he received
information of abduction of Jaswinder
Singh @ Jassa; he also got information that
the U.P. Police came in a Maruti van and a
truck and took away Jaswinder Singh @
Jassa from outside the Gurudwara. The said
information was given by Ajayab Singh
who was residing in the quarter no. 9 with
Jaswinder Singh @ Jassa.

PW-2,
Satnam
Singh,
the
Supervisor, Gurudwara Rakabganj, New
Delhi stated that Sewadars and Jaththedars
of Gurudwara Management Committee,
New Delhi were working under his
supervision. Jaswinder Singh @ Jassa was
employed as Sewadar in the Gurudwara
Rakabganj and was residing in the flat
located inside the premises of Gurudwara.
On 30.10.1992 at about 8:30-9:00 AM,
Jaththedar
Shyam
Singh
gave
him
information that some persons had taken
away Jaswinder Singh @ Jassa from
outside the Gurudwara. Those persons
came in two vehicles, while some amongst
them were of the U.P. Police, others were in
plain clothes. PW-2 identified Jaswinder
Singh @ Jassa from the photographs who
was abducted by the U.P. Police on
30.10.1992. He stated that he gave
information of abduction of Jaswinder
Singh @ Jassa to North Avenue Police Post
and Parliament Street Police Station and on
100 Dial Number. He also gave information
to the Manager, Gurudwara Management
Committee who was sitting in the head
office. The said information was initially
given orally and later in writing. The
written information given by PW-2 Satnam
Singh has been proved and exhibited as
Exhibit 'Ka-3'. PW-2 reiterated that he gave
information of abduction of Jaswinder
Singh @ Jassa personally to the Manager,
Gurudwara Management Committee. The
documents namely personal file of Jassa,
photographs
and
attendance
register
maintained for October, 1992 to January,
1993 were handed over by him to C.B.I.
during the course of investigation and the
Seizure Memo (Exhibit 'Ka-4') bears his
signature. In cross-examination, he stated
that his office and residential quarters were
in the same premises. His statement was
recorded by the Delhi Police sometime
after the incident and by the C.B.I. after
about 1 and 1⁄4 year of the incident. The
Delhi Police also enquired on the date of
the incident. PW-2 was confronted with his
statement
under
Section 161 Cr.P.C.
recorded by the Delhi Police, wherein it
was averred that he got information of the
incident at about 10:00 AM when he
reached his office in the Gurudwara. A
clarification was given by PW-2 Satnam
Singh that he might not have given the
correct time of getting the information of
the incident of abduction as he was puzzled
by the incident. PW-2 was also confronted
on his statement in the examination-inchief that Jaswinder Singh @ Jassa was
abducted by the U.P. Police while this fact
was not revealed by him in the written
report given to the Manager, Gurudwara
Management Committee nor that he
mentioned the same in the report which he
gave as an information to the Control
Room at 100 Dial Number. PW-2 admitted
in the cross-examination that he did not
give description of the vehicles used in the
12 All. Rajendra Giri & Ors. Vs. C.B.I.
51
alleged abduction either in the written
report ("Exhibit 'Ka-3") or in his statement
given to the Investigating Officer. He
further proved that cutting and overwriting
in date as 1.10.1992 in the attendance
register was made and signed by him. He
further
stated
that
the
said
overwriting/cutting occurred on account of
the fact that Jaththedars who maintained
the
attendance
register
were
mostly
illiterate. The suggestion that Jaswinder
Singh @ Jassa was not present in the
Gurudwara on 29.10.1992 and 30.10.1992
has been emphatically denied by PW-2. He
proved that in the relevant column of the
attendance register as against the name of
Jaswinder Singh @ Jassa on 30.10.1992
and 31.10.1992, "(.)(bindi)(dot)" was put
by him as he knew that Sewadar Jassa
could not perform his duty in the
Gurudwara as he was taken away by
someone. He categorically denied the
suggestion that he did not get information
about abduction of Jaswinder Singh @
Jassa on 30.10.1992.

PW-3 is Ajit Singh, the Manager
of Delhi Sikh Gurudwara Management
Committee who stated that Jaswinder Singh
@ Jassa was appointed as Sewadar in the
year 1990 and was working in the
Gurudwara
in
the
year
1992.
On
30.10.1992 at about 9:00 AM, Satnam
Singh, the Supervisor gave him information
on telephone that some people (six in
number) had taken away Jaswinder Singh
@ Jassa from outside the Gurudwara,
amongst whom three were in police
uniform and other three in plain clothes and
that they came in two vehicles. This
witness had identified deceased Jaswinder
Singh @ Jassa from the material exhibits "1
to 5", which are photographs of Jaswinder
Singh @ Jassa. He further stated that a
written report (Exhibit Ka-3) of the
incident was also given to him by Satnam
Singh, the Supervisor (PW-2) at about
11:00 AM on 30.10.1992. On the said
complaint, an endorsement was made by
him to lodge a report in the police station
concerned which was proved being in his
handwriting and signature by PW-3 and has
been exhibited as "Exhibit Ka-3/1". The
typed report given to the Police Station
Parliament Street, New Delhi was proved
bearing his signature as "Exhibit Ka-5".
The receipt of the said report in the police
station concerned (carbon copy) bearing
signature of PW-3 has been exhibited as
"Exhibit Ka-5/11". PW-3 then stated that he
got intimation of encounter of Jaswinder
Singh @ Jassa through a news item
published in the Hindi Daily "Shram Meri",
a local newspaper circulated in Bijnor
District, which was received in his office
after 1 and 1⁄2 weeks of the incident. In the
cross-examination, PW-3 stated that C.I.D.
recorded his statement after about 1 and 1⁄4
year of the incident, whereas C.B.I.
recorded his statement after two years. No
other investigating Agency had recorded
his statement. When confronted with the
statement of C.B.I., PW-3 stated that he did
not disclose the names of Satnam Singh
and
Shyam
Singh
who
gave
first
information of the incident of abduction of
Jaswinder Singh @ Jassa. In his statement
under Section 161 Cr.P.C. recorded by
C.B.I., it was written that "he was informed
about the fact of taking away of Jaswinder
Singh, Sewadar on 31.10.1992 while he
was in office". On the discrepancy about
the date of incident, PW-3 stated that the
said date has wrongly been mentioned by
C.B.I. He reiterated that the typed report
"Exhibit Ka-5" given by him was received
in the Police Station Parliament Street on
30.10.1992 at about 11:00-11:30 AM,
receiving of which was also exhibited as
"Exhibit Ka-5/1". He further clarified that
he had no information about abduction of
52 INDIAN LAW REPORTS ALLAHABAD SERIES
Jassa made by the U.P. Police till the
written report was lodged. However, when
he went to the Gurudwara in the evening
after his duties were over in the head office,
he came to know that Jassa was taken away
by the U.P. Police. PW-3 was confronted
for non-disclosing the said fact, either in
the first information report lodged by him
or in his statement to C.B.I. or C.I.D. In
reply, he denied that the said report was
lodged
on
incorrect
facts
due
to
"Peshbandi". From the personal record of
Jaswinder Singh @ Jassa, his birth
certificate was shown to "PW-3" who
identified the writing and signature of
Satnam Singh and Sardar Ram Singh over
the endorsement on the said document.

PW-4
Sardar
Manendrajeet
Singh, a Sewadar in Gurudwara Rakabganj
stated that he was residing in quarter no. 9
in
Gurudwara,
Rakabganj
premises
alongwith Ajayab Singh, Jaswinder Singh
@ Jassa and 2-3 other Sewadars. On
30.10.1992, he was on duty from 8:00 AM
till 12:00 PM in a hall of the Gurudwara.
On 29.10.1992, his shift duty was from
8:00
PM
till
12:00
midnight.
On
29.10.1992, when he came back from duty
at around 12:00 midnight, he found two
unknown (new) persons in the quarter apart
from Ajayab Singh and Jaswinder Singh @
Jassa (two of his roommates); one of them
was a Sardar whereas another was 'Mauna'
[A Sikh who removed his beard and cut his
hair (kesh)]. He came to know that those
two new persons came to meet Jaswinder
Singh @ Jassa only after Jassa was taken
away. On 30.10.1992, when he went to
duty in the morning, he came to know that
Jaswinder Singh @ Jassa was taken away
by the U.P. Police. PW-4 was crossexamined on the identity of those two new
(unidentified) persons who allegedly stayed
in quarter no. 9. In reply, he averred that
when he came back from duty on
29.10.1992
at
around
12:00
o'clock
(midnight), he saw those two persons
sleeping in the quarter. On 30.10.1992,
while he was going to duty, he saw them
talking to Jaswinder Singh @ Jassa. PW-4
was also confronted with his Section 161
Cr.P.C. statements recorded both by the
C.I.D. and C.B.I. on the issue that he did
not mention that the U.P. Police had taken
away Jaswinder Singh @ Jassa and further
with regard to identity of two unknown
persons who allegedly stayed in quarter no.
9. On the first issue, PW-4 stated that he
mentioned to C.B.I. during investigation
that Jaswinder Singh @ Jassa was taken
away by the U.P. Police but the reason for
non-recording of the said fact in his
statement was not known to him. For the
second question, he stated that he did not
mention to C.B.I. that both the unknown
persons were Sardar (having 'kesh' and
'beard') and that if it was so mentioned in
his statement, the reason was not known to
him. PW-4
emphatically
denied
that
Jaswinder Singh @ Jassa was not present in
the quarter No. 9 (in the Gurudwara) on
20.10.1992 and 30.10.1992 and that he was
involved in terrorist activities.

PW-6 namely Uday Rai, a shop
keeper of Beetal-Beedi shop located on the
road across Gurudwara Rakabganj, Delhi
near Hanumal Ji Temple recorded his
statement on 12.10.1999. He stated that
around 7:00 AM before opening his shop,
he went to Hanuman Ji Temple located
outside the Gurudwara. At around 8:008:45 AM, when he was coming out of the
temple he saw one Sardar aged about 20-25
years coming out from the Gurudwara on a
cycle. At that time, a red Maruti van came
and three persons in plain clothes caught
hold of that Sardar. They brought him to a
Circle near Dogra Taxi stand and made him
sit in a truck. In that truck, 2-3 persons
were sitting in 'Khaki' uniform. The said
12 All. Rajendra Giri & Ors. Vs. C.B.I.
53
truck went away on the Rakabganj Road.
PW-6 stated that he could not notice the
movement of red Maruti van and that the
truck was of blue colour. When he reached
his shop, he saw crowd collected in front of
the Gurudwara and people present there
were talking that a Sardar was taken away
by the police and that he was a Sewadar in
Gurudwara Rakabganj, New Delhi. After
the said incident, Police of Parliament
Street Police Station came on the spot and
directed him to close the shop. His
statement was also recorded by the police
of the said Police Station and his narration
of the incident was noted. From the
statement of PW-6, it appears that though
opportunity to cross-examine PW-6 was
given to the defence but they did not avail
the same.

PW-5
was
posted
as
SubPostmaster in Majitha Post Office in the
year 1994. Exhibit 'Ka-6', the telegram
dated 20.10.1992 was shown to this witness
and he stated that the said telegram was
sent
from
Majitha
Post
Office
on
20.10.1992 at about 2:00 PM by Jaswinder
Singh to Jaththedar Shyam Singh (PW-1),
Gurudwara Rakabganj. The said telegram
was noted at serial number 'A-7' in the
register of the Post Office concerned. PW-5
gave statement to C.B.I. after looking to the
said register that the telegram was sent on
20.10.1992 and that the record of telegram
Form was weeded out after two months.