5th ARGUENDO, LAW FEST 5th ALL INDIA GURCHARAN SINGH TULSI … · 5th ARGUENDO, LAW FEST 5th ALL INDIA GURCHARAN SINGH TULSI CRIMINAL LAW ANNUAL MOOT COURT COMPETITION, 2019 PROPOSITION

5th ARGUENDO, LAW FEST

5th ALL INDIA GURCHARAN SINGH TULSI CRIMINAL

LAW ANNUAL MOOT COURT COMPETITION, 2019

PROPOSITION

Page 1

INDEX

1. DISCLAIMER ........................................................................................................................ 2

2. CHARGESHEET ................................................................................................................... 4

3. ANNEXURE 1: FINAL FORM/REPORT .......................................................................... 6

4. ANNEXURE 2: FIRST INFORMATION REPORT ....................................................... 16

5. ANNEXURE 3: RECOVERY MEMO .............................................................................. 20

6. ANNEXURE 4 : SITE PLAN .............................................................................................. 23

7. ANNEXURE 5: SKETCHES OF THE RECOVERED ARMS ....................................... 24

8. ANNEXURE 6: POST MORTEM EXAMINATION REPORT ..................................... 26

9. ANNEXURE 7 : MEDICO LEGAL REPORT OF HC SIKANDER SINGH................ 31

10. ANNEXURE 8:FORENSIC SCIENCE LABORATORY REPORTS ............................ 33

11. ANNEXURE 9 : WHATSAPP CONVERSATION BETWEEN DARA SINGH AND

JASSA BHULLREEN ......................................................................................................... 35

12. ENGLISH TRANSLATION OF WHATSAPP CONVERSATION BETWEEN DARA

SINGH AND JASSA BHULLREEN .................................................................................. 36

13. ANNEXURE 10 : CALL DATA RECORDS OF DARA SINGH .................................. 37

14. ANNEXURE 11 : STATEMENTS OF PROSECUTION WITNESSES UNDER 161

CR.P.C................................................................................................................................... 38

15. STATEMENTS OF DEFENCE WITNESSES.................................................................. 46

16. SERVICE RECORD BOOK............................................................................................... 52




PROPOSITION

Page 2

Disclaimer

All characters in the above problem are fictional. Any resemblance to any person living or dead is

purely coincidental, unintentional and not intended to hurt anybody’s sentiments.

1. All documents not provided but necessary for trial are deemed to be on record.

2. The actual addresses provided in the proposition are fictional however the areas are real.

3. Procedure under 313 Cr.P.C. has been deemed to be complied with so as to comply with the

mandatory trial procedure; however, prosecution is still required to examine their witnesses.

4. No additional application needs to be given to examine and cross examine the accused

persons. The accused persons have acquiesced to be Defence Witnesses.

5. Each side must examine minimum 4 witnesses. However, the teams must complete the

examination of the witnesses in the prescribed time limit and the teams shall not be provided

extension of time to complete the examination of all of their witnesses, though subject to the

discretion of the judges.

6. The 3 different FIRs in which Dara Singh is accused for killing 3 leaders of an extremist

organisation are deemed to be on record and the 3 FIRs are undisputed facts of the case.

7. The mobile phones Kamery K-313 and Tamery T- 313 are fictitious in nature.

8. All Phone Numbers given in the proposition are fictitious in nature.

9. The FIR regarding the theft of the Mahindra Jeep with Registration No. PB 30XY 0786 is

deemed to be on record and is an undisputed fact of the case. Also the fact that Niranjan

Singh Brar is the owner of the Jeep and the RC bears his name is the undisputed fact. The

registration No. of the Jeep is fictional in nature.

10. The Post Mortem Report, Medico Legal Report, Forensic Reports and Service Record Book

are deemed to be signed appropriately and by the appropriate authorities. The list is

exhaustive and not inclusive.

11. The jurisdiction of the various police stations, police beats and police checkpoints are not

subject to dispute.




PROPOSITION

Page 3

12. Any usurpation of the below given norms will lead to direct disqualification from the

competition :

(a) Extrapolation of the statements of the witnesses is subject to the law of the land.

(b) There shall be no change w.r.t the witness’s character, age, occupation and relationship

with other witnesses.

13. Any change in the statements of the witnesses which require additional documents to be

proved shall not be permitted.

14. Arrest Memos of the Accused persons are deemed to be on record.




PROPOSITION

Page 4

IN THE COURT OF I.S. KHARA,

SESSIONS JUDGE,

BATHINDA

CHARGESHEET

THE STATE OF PUNJAB

V.

1. Billa Sekhonpuria S/o Daler Singh, aged 23 years, resident of Kot Shamir Village, PS Sadar

Bathinda (Punjab)

2. Jassa Bhullreen S/o Bikker Singh, aged 24 years, resident of Maur Village,PS Maur Mandi

(Punjab)

I, I.S. Khara, Sessions Judge, Bathinda, do hereby charge you above named accused as

under:-

That on 23.08.18 at about 12:30 A.M. in the area of village Maur, you the above named accused

along with Dara(since deceased) in furtherance of common intention of each other fired shots on the

police party consisting of DSP Bobby Brar, Inspector Madhav Maurya, ASI Amrik Singh, ASI

Angrej Singh and HC Sikander Singh with an intention to kill them under such circumstances that

by that act, had the death of these officials taken place, then you would have been guilty of

commission of murder and as such, thereby committed an offence punishable under section 307

read with section 34 of the I.P.C and within my cognizance.

Secondly, on the same date, time and place, you all above named accused in furtherance

of common intention of each other, assaulted DSP Bobby Brar, Inspector Madhav Maurya, ASI

Amrik Singh, ASI Angrej Singh and HC Sikander Singh in the execution of their duty as public

servant and thereby committed an offence under section 353 I.P.C read with section 34 and within

my cognizance.

Thirdly, on the same date, time and place, you all above named accused in

furtherance of common intention of each other, obstructed DSP Bobby Brar, Inspector Madhav

Maurya, ASI Amrik Singh, ASI Angrej Singh and HC Sikander Singh in the execution of their duty

as public servant and thereby committed an offence under section 186 I.P.C read with section 34

and within my cognizance.




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Lastly, on the same date, time and place, you above named accused Billa

Sekhonpuria was found in possession of country-made 12 bore pistol, one empty of cartridge, 22

live cartridges of country made 12 bore pistol without any permit or licence, you accused Jassa

Bhullreen was found in possession of country-made 32 bore revolver, along with one empty of

cartridge, two live cartridges of 32 bore without any permit or licence and thereby committed an

offence under section 25 Arms Act and within my cognizance.

And I hereby direct that you be tried by this court for the above said

offence. S/d

Date 01.11.2018 Sessions Judge,

Bathinda

Certified that contents of the charge have been read over and

explained to the accused in their simple language.

S/d

Sessions Judge,

Bathinda,01.11.2018

Plea of the accused Billa Sekhonpuria without oath.

Q. Have you heard and understood the contents of charge?

Ans. Yes

Q. Do you plead quilty to the charge or claim trial?

Ans. I plead not guilty and claim trial

S/d S/d

RO&AC Sessions Judge,

Bathinda,01.11.2018

Plea of the accused Jassa Bhullreen without oath.

Q. Have you heard and understood the contents of charge?

Ans. Yes

Q. Do you plead quilty to the charge or claim trial?

Ans. I plead not guilty and claim trial

S/d S/d

RO&AC Sessions Judge,

Bathinda,01.11.2018




PROPOSITION

Page 6

ANNEXURE 1: FINAL FORM/REPORT

(Under Section 173 Cr.P.C.)

Form No.25.57(2)

1. Distt. Bathinda PS- Maur Mandi Year 2018 FIR No. 154/18 Date 23/08/18

2. Final Report/ Charge Sheet No.84

3. Date: 03/10/18

4. Act: IPC 1860 Section: 307

Act: IPC 1860 Section: 353



Act: Arms Act, 1959 Section:25

5. Type of Final Form Report: Final Report

6. If F.R. Un occurred: Mistake of Fact/ Mistake of Law/ Non-cognizable/False/

Civil Nature:

7. If Charge sheet- Original/Supplementary: Original

8. Name of the I.O.: Judhraj Singh Rank: ASI No.: 786/Bathinda

9. a) Name of Complainant/ Informant: Shri Bobby Brar, P.P.S, D.S.P, Shri Muktsar

Sahib,Punjab

10. Details of Properties/Articles/Documents recovered/ Seized during investigation and

relied upon:




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Sr

No.

Property Description Estimated

Value

(in Rs.)

P.S. Property

No.

From whom/where

Recovered or Seized

1 Country made 12 bore

pistol

Dara Singh

2 2 empty cartridges and 10

live cartridges of Country

made 12 bore pistol

Dara Singh

3 A mobile phone of the

make Kamery K-313 and a

BSNL sim

Dara Singh

4 A country-made 12 bore

pistol

Billa Sekhonpuria

5 1 empty cartridge and 22

live cartridges of country-

made 12 bore pistol

Billa Sekhonpuria

6 A mobile phone of the

make Tamery T-313 and a

BSNL sim

Billa Sekhonpuria

7 country made 32 bore

revolver

Jassa Bhullreen

8 1 empty cartridge and two

live cartridges of country

made 32 bore revolver

Jassa Bhullreen

9 Mahindra Jeep bearing

registration No. PB 30XY

Crematorium ground,

Village Maur




PROPOSITION

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0786

10 One Bullet of Country

Made 12 Bore Pistol

Left Arm Injury of HC

Sikander Singh

11 9 mm High Power

Browning pistol

DSP Bobby Brar

12 9 mm High Power

Browning pistol

Inspector Madhav

Maurya

13 3 empty cartridges of 9 mm

High Power Browning

pistol

DSP Bobby Brar

14 1 empty cartridge of 9 mm

High Power Browning

pistol

Inspector Madhav

Maurya

15 One Bullet of 9 mm High

Power Browning Pistol

Dead Body of Dara

Singh

11. Particulars of accused persons charge-sheeted:

Sr.No.1

i. Name: Billa Sekhonpuria Whether Verified: Yes

ii. Father's Name: Daler Singh

iii. Date/Year of Birth: 1995

iv. Sex: Male




PROPOSITION

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v. Nationality: Indian

vi. Religion: Jatt Sikh

vii. Whether SC/ST: No

viii. Address: Lambardarain di gali, village Kotshamir, 151001, Bathinda,

ix. Whether verified: Yes

x. Provisional Criminal No.:

xi. Regular Criminal No. (if known):

xii. Date of Apprehended: 23/08/2018

xiii. Date of release on bail:--------

xiv. Date on which forwarded to court:24/08/2018

xv. Under Acts & Section: 307, 353,186, 34 IPC 25 Arms Act

xvi. Name (s) of bailers/sureties and Address(es): --------

xvii. Previous convictions with case reference: None

xviii. Status of the accused: In Judicial Custody

Sr.No.2

i. Name: Jassa Bhullreen Whether Verified: Yes

ii. Father's Name: Bikker Singh


iv. Sex: Male

v. Nationality: Indian

vi. Religion: Jatt Sikh




PROPOSITION

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vii. Whether SC/ST: No

viii. Address: Zaildarain di Gali, Village Maur, 151509, Talwandi Sabo, Bathinda

ix. Whether verified: Yes

x. Provisional Criminal No.:

xi. Regular Criminal No.

(if known):

xii. Date of Apprehended: 23/08/2018

xiii. Date of release on bail: -------

xiv. Date on which forwarded to court: 24/08/2018

xv. Under Acts & Section: 307, 353,186, 34 IPC, 25 Arms Act

xvi. Name (s) of bailers/sureties and Address(es):---------------

xvii. Previous convictions with case reference:-----------

xviii. Status of the accused: In Judicial custody

12. Brief Facts of the Case:

Respected Sir,

The brief facts of the case are as per the RUQA(dispatched by the DSP Bobby Brar),

“ To the S.H.O. PS Maur Mandi, District Bathinda, Punjab, I Bobby Brar, is currently serving as

DSP, Shri Muktsar Sahib, Punjab. Dara Singh(the deceased) S/o Ranjodh Singh, resident of Chak

Sherewala, District Shri Muktsar Sahib, Punjab is accused in three different Murder Cases and is

wanted in all the three cases and the State Government has announced a bounty of Rs. Five lakhs

on his head. Dara and his associates were absconding from past 20/22 days and a team was formed

to apprehend him under my superintendence consisting of Inspector Madhav Maurya Inchage of

CIA Staff Shri Muktsar Sahib and Inspector Gurpartap Singh Incharge of Special Staff Shri

Muktsar Sahib. The team is also aided by Cyber Cell. On 22.08.2018 at around 10:00 PM, a phone

call was intercepted from 9464015122 to 9914535335 and in the phone call Dara promised to meet




PROPOSITION

Page 11

Billa at 12:00 AM in the crematorium area of Village Maur. The Mobile Phone No. 9464015122

was put on interception in regard to the 3 different murder cases in which Dara is an accused.

Immediately after this I along with Inspector Madhav Maurya, ASI Amrik Singh and HC Sikander

Singh left for Maur village. At around, 11:50 PM we reached the T- Point Nakka in Maur Mandi

and ASI Angrej Singh (PS Maur Mandi) was on duty at the Nakka. Then we told ASI Angrej Singh

the facts regarding the pursuit of Dara and then ASI Angrej Singh also accompanied us and showed

us the way to the crematorium area of the village Maur. We reached the spot at around 12:20 AM,

23-08-2018. and there we saw a Jeep outside the crematorium area of village Maur. This made us

suspicious and then we went inside the crematorium from the Southward entrance to the

crematorium ground. When we went inside the crematorium we saw 3 boys sitting on 3 different

chairs. On seeing the police all of them panicked, and one of the boys in order to avoid the arrest

and with intention to kill fired on me and I dodged the shot and then I asked him to surrender by

firing a shot in the air from my official pistol. In the meanwhile, ASI Angrej Singh arrested the boy

along with his unlicensed weapon. The 2nd Boy fired upon Inspector Madhav Maurya with intention

to kill but he dodged the shot and then he asked the boy to surrender by firing a shot in the air from

his official pistol. In the meanwhile, ASI Amrik Singh arrested the boy along with his unlicensed

weapon. The 3rd Boy tried to run away but I and HC Sikander Singh chased him and therefore HC

Sikander Singh asked him to surrender but the boy didn't surrender and in retaliation he fired a

shot at HC Sikander Singh with intention to kill and the shot hit HC Sikander Singh on his upper

left arm. Then, I fired a shot at the boy which hit him while he was trying to climb the northern wall

of the crematorium area and he fell outside the crematorium area in the paddy field. I also scaled

the wall after him and when I landed in the paddy field he fired a shot at me but I dodged the shot

and after this I fired a shot at him from my official pistol and the shot hit the boy and he fell on the

ground. Upon being asked the boy told us that his name is Dara Singh s/o Ranjodh Singh, resident

of Chak Sherewala, District Shri Muktsar Sahib, Punjab. Then as per the directions of the National

Human Rights Commission ASI Angrej Singh took Dara Singh and HC Sikander Singh to the Civil

Hospital, Talwandi Sabo in the government vehicle. From the possession of Dara Singh a country

made 12 bore pistol and 2 empty cartridges and 10 live cartridges were recovered and the

recovered items were put in a packet and then sealed with a seal bearing ‘BB’ and the Recovery

Memo was signed by Inspector Madhav Maurya and ASI Amrik Singh and Dara was not having any

licence or permit to use the weapon. I also prepared a sketch of the country made pistol.From the

possession of Dara a mobile phone of the make Kamery K-313 was also recovered and ‘MADE IN




PROPOSITION

Page 12

CHINA’ was written on the backside of the mobile phone. After opening the body of the phone a

BSNL - sim was also recovered and the IMEI No. of the mobile phone was IMEI NO.

354694294056137. The mobile phone and sim card were put in a packet and then sealed with a seal

bearing ‘BB’ by me and the Recovery Memo was signed by Inspector Madhav Maurya and ASI

Amrik Singh. Afterwards, the 1st boy upon being asked told his name as Billa Sekhonpuria S/o

Daler Singh, resident of Kot Shamir Village, District Bathinda, Punjab and the 2nd boy told his

name as Jassa Bhullreen S/o Bikker Singh, resident of Maur Village, District Bathinda, Punjab.

From the possession of Billa Sekhonpuria a country-made 12 bore pistol, one empty cartridge and

22 live cartridges were recovered and the recovered items were put in a packet and then sealed

with a seal bearing ‘BB’ and the Recovery Memo was signed by Inspector Madhav Maurya and ASI

Amrik Singh. I also prepared a sketch of the country made pistol. From the possession of Billa

Sekhonpuria a mobile phone of the make Tamery T-313 was also recovered and ‘MADE IN

CHINA’ was written on the backside of the mobile phone. After opening the body of the phone a

BSNL - sim was also recovered and the IMEI No. of the mobile phone was IMEI NO.

354694295001134. The mobile phone and sim card were put in a packet and then sealed with a seal

bearing ‘BB’ by me and the Recovery Memo was signed by Inspector Madhav Maurya and ASI

Amrik Singh. Also from the possession of Jassa Bhullreen a country made 32 bore revolver, along

with one empty cartridge and two live cartridges of 32 bore were recovered and the recovered items

were put in a packet and then sealed with a seal bearing ‘BB’ and the Recovery Memo was signed

by Inspector Madhav Maurya and ASI Amrik Singh. I also prepared a sketch of the country made

32 bore revolver. Billa & Jassa were not having any permit or licence to use these weapons. I also

recorded the statements of the witnesses.Then I intimated the PS Maur Mandi regarding the

incident and also the higher police authorities of District Bathinda. ASI Amrik Singh took the

RUQA to PS Maur Mandi.”

The FIR was registered on the basis of the RUQA dispatched by DSP Bobby Brar and brought by

ASI Amrik Singh. After this I immediately sent a team headed by ASI Judhraj Singh to the

cremation ground of village Maur. Then DSP Bobby Brar handed over the recovered weapons

,mobile phones and ammunition in sealed packets to ASI Judhraj Singh and he also arrested Billa

Sekhonpuria & Jassa Bhullreen and took them under his custody. The Arrest Memos of the accused

persons were prepared by ASI Judhraj Singh and they were signed/thumb marked by the accused

persons and were attested by DSP Bobby Brar and Inspector Madhav Maurya. ASI Judhraj Singh




PROPOSITION

Page 13

took the police file into his possession from DSP Bobby Brar and ASI Judhraj Singh also took the

statement of DSP Bobby Brar. After this the Shri Muktsar Sahib Police party handed over the used

ammunition to ASI Judhraj Singh. DSP Bobby Brar gave 3 empty cartridges of 9 mm and Inspector

Madhav Maurya gave 1 empty cartridge of 9 mm. ASI Judhraj Singh sealed the empty cartridges in

2 different packets bearing the seal ‘JS’ and the recovery Memo was signed by Inspector Madhav

Maurya and ASI Amrik Singh. DSP Bobby Brar and Inspector Madhav Maurya also handed over

their 9 mm High Power Browning Pistols to ASI Judhraj Singh and he sealed the 2 pistols into 2

different packets bearing the seals ‘JS’. The recovery Memo was signed by Inspector Madhav

Maurya and ASI Amrik Singh. Then ASI Judhraj Singh inspected the entire crematorium area and

thereafter he prepared a map of the crematorium ground and the adjoining areas at the spot of the

incident. ASI Judhraj Singh also seized a Jeep along with it’s RC from the Southward entrance gate

of the crematorium area and it was bearing Registration No. PB 30XY 0786. Afterwards, ASI

Angrej Singh came from the Civil Hospital, Talwandi Sabo and handed over the MLR NO

MG/37/TS/MLR 2018 bearing the name of HC Sikander Singh to ASI Judhraj Singh and he also

gave the information regarding the death of Dara Singh, then ASI Judhraj Singh went to the

Hospital and after the Post Mortem of the body, the hospital authorities handed over the body of

Dara and his clothes to the police which in turn handed them to his relatives. The bullet of the

Country Made 12 Bore Pistol, as recovered from the Left Arm Injury of HC Sikander Singh was

sealed in a packet bearing the Seal ‘JS’ and the recovery Memo was signed by Inspector Madhav

Maurya and ASI Amrik Singh. The bullet of the 9 mm High Power Browning pistol, as recovered

from the dead body of Dara Singh was sealed in a packet bearing the Seal ‘JS’ and the recovery

Memo was signed by Inspector Madhav Maurya and ASI Amrik Singh. The Post Mortem was

conducted in the presence of Duty Magistrate Gunwant Singh. The recovered items were sent to

Forensic Science Laboratory, S.A.S Nagar(Mohali). After due investigation it was found that the

name of the owner of the Jeep bearing Registration No. PB 30XY 0786 is Niranjan Singh Brar of

village Khunan kalan, Shri Muktsar Sahib. His Jeep was stolen on 23rd May, 2018 while it was

parked in a city car parking of Shri Muktsar Sahib and he also filed a complaint regarding the theft

of the Jeep(FIR No 101/18, PS Shri Muktsar Sahib). On the basis of present investigation,

statements of various eye witnesses and the recovered items this chargesheet u/s 173 Cr.P.C has

been filed against the accused persons




PROPOSITION

Page 14

S/d

SHO

(Shivdev Singh, PPS, Inspector)

PS Maur Mandi

03/10/2018




PROPOSITION

Page 15

Attached Documents:

1. Final Report

2. Copy of First Information Report

3. Recovery Memo

4. Site Plan of the Cremation ground

5. Sketches of the recovered arms

6. Post Mortem Examination Report

7. Medico Legal Report of HC Sikander Singh

8. Forensic Science Laboratory Reports

9. Whatsapp Chats of Dara Singh

10. Call Data Record

11. Statements under Section 161 Cr.P.C.

List of Prosecution Witnesses:

1. DSP Bobby Brar (PW 1).

2. Inspector Madhav Maurya (PW 2).

3. HC Sikander Singh (PW 3)

4. ASI Amrik Singh (PW 4).

5. ASI Angrej Singh (PW 5).

6. ASI Judhraj Singh ( PW 6)

7. Dr. Tany Hayer (PW 7).

8. Dr. Sukham Singh (PW 8).




PROPOSITION

Page 16

ANNEXURE 2: FIRST INFORMATION REPORT

(Under Section 154 Cr.P.C.)

1. Distt. Bathinda PS- Maur Mandi

Date and Time: 23/08/2018 2:20 AM

2. FIR No. : 0154 Year: 2018

S.No. Acts Sections

1. IPC 1860 307

2. IPC 1860 353

3. IPC 1860 186

4. IPC 1860 34

5. Arms Act, 1959 25

3. (a) Occurrence of Offence:

Day:Thursday

Date from:23/08/2018Date to:23/08/2018

Time From:12:20 AMTime To: 12:40 AM

(b) Information received at P.S.:Maur Mandi

Date: 23/02/2017 Time:2:20AM

4. Type of Information: Written

5. Place of Occurrence :

i. Cremation ground of Village Maur

ii. District: Bathinda

6. Complainant/ Informant:




PROPOSITION

Page 17

i. Name: DSP Bobby Brar

ii. Father's Name: Beant Singh Brar


iv. Nationality: Indian

v. Phone No.:9987634210

7. Details of Known/ Suspected/ Unknown accused with full particulars:

S.No Name Relative’s Name Present Address

1. Billa Sekhonpuria Father's Name: Daler Singh Kot Shamir Village

2. Jassa Bhullreen Father's Name: Bikker Singh Maur Village

8. Reasons for delay in reporting by the complainant/informant:

9. First Information contents:

Dara Singh(the deceased) S/o Ranjodh Singh, resident of Chak Sherewala, District Shri Muktsar

Sahib, Punjab is accused in three different Murder Cases and is wanted in all the three cases and

the State Government has announced a bounty of Rs. Five lakhs on his head. Dara and his

associates were absconding from past 20/22 days and a team was formed to apprehend him under

my superintendence consisting of Inspector Madhav Maurya Inchage of CIA Staff Shri Muktsar

Sahib and Inspector Gurpartap Singh Incharge of Special Staff Shri Muktsar Sahib. The team is

also aided by Cyber Cell. On 22.08.2018 at around 10:00 PM, a phone call was intercepted from

9464015122 to 9914535335and in the phone call Dara promised to meet Billa at 12:00 AM in the

crematorium area of Village Maur. The Mobile Phone No. 9464015122 was put on interception in

regard to the 3 different murder cases in which Dara is an accused. Immediately after this I along

with Inspector Madhav Maurya, ASI Amrik Singh and HC Sikander Singh left for Maur village. At

around, 11:50 PM we reached the T- Point Nakka in Maur Mandi and ASI Angrej Singh (PS Maur




PROPOSITION

Page 18

Mandi) was on duty at the Nakka. Then we told ASI Angrej Singh the facts regarding the pursuit of

Dara and then ASI Angrej Singh also accompanied us and showed us the way to the crematorium

area of the village Maur. We reached the spot at around 12:20 AM, 23-08-2018. and there we saw

a Jeep outside the crematorium area of village Maur. This made us suspicious and then we went

inside the crematorium from the Southward entrance to the crematorium ground. When we went

inside the crematorium we saw 3 boys sitting on 3 different chairs. On seeing the police all of them

panicked, and one of the boys in order to avoid the arrest and with intention to kill fired on me and

I dodged the shot and then I asked him to surrender by firing a shot in the air from my official

pistol. In the meanwhile, ASI Angrej Singh arrested the boy along with his unlicensed weapon. The

2nd Boy fired upon Inspector Madhav Maurya with intention to kill but he dodged the shot and then

he asked the boy to surrender by firing a shot in the air from his official pistol. In the meanwhile,

ASI Amrik Singh arrested the boy along with his unlicensed weapon. The 3rd Boy tried to run away

but I and HC Sikander Singh chased him and therefore HC Sikander Singh asked him to surrender

but the boy didn't surrender and in retaliation he fired a shot at HC Sikander Singh with intention

to kill and the shot hit HC Sikander Singh on his upper left arm. Then, I fired a shot at the boy

which hit him while he was trying to climb the northern wall of the crematorium area and he fell

outside the crematorium area in the paddy field. I also scaled the wall after him and when I landed

in the paddy field he fired a shot at me but I dodged the shot and after this I fired a shot at him from

my official pistol and the shot hit the boy and he fell on the ground. Upon being asked the boy told

us that his name is Dara Singh s/o Ranjodh Singh, resident of Chak Sherewala, District Shri

Muktsar Sahib, Punjab. Then as per the directions of the National Human Rights Commission ASI

Angrej Singh took Dara Singh and HC Sikander Singh to the Civil Hospital, Talwandi Sabo in the

government vehicle. From the possession of Dara Singh a country made 12 bore pistol and 2 empty

cartridges and 10 live cartridges were recovered and the recovered items were put in a packet and

then sealed with a seal bearing ‘BB’ and the Recovery Memo was signed by Inspector Madhav

Maurya and ASI Amrik Singh and Dara was not having any licence or permit to use the weapon. I

also prepared a sketch of the country made pistol. From the possession of Dara a mobile phone of

the make Kamery K-313 was also recovered and ‘MADE IN CHINA’ was written on the backside of

the mobile phone. After opening the body of the phone a BSNL - sim was also recovered and the

IMEI No. of the mobile phone was IMEI NO. 354694294056137. The mobile phone and sim card

were put in a packet and then sealed with a seal bearing ‘BB’ by me and the Recovery Memo was

signed by Inspector Madhav Maurya and ASI Amrik Singh. Afterwards, the 1st boy upon being




PROPOSITION

Page 19

asked told his name as Billa Sekhonpuria S/o Daler Singh, resident of Kot Shamir Village, District

Bathinda, Punjab and the 2nd boy told his name as Jassa Bhullreen S/o Bikker Singh, resident of

Maur Village, District Bathinda, Punjab. From the possession of Billa Sekhonpuria a country-made

12 bore pistol, one empty cartridge and 22 live cartridges were recovered and the recovered items

were put in a packet and then sealed with a seal bearing ‘BB’ and the Recovery Memo was signed

by Inspector Madhav Maurya and ASI Amrik Singh. I also prepared a sketch of the country made

pistol. From the possession of Billa Sekhonpuria a mobile phone of the make Tamery T-313 was

also recovered and ‘MADE IN CHINA’ was written on the backside of the mobile phone. After

opening the body of the phone a BSNL - sim was also recovered and the IMEI No. of the mobile

phone was IMEI NO. 354694295001134. The mobile phone and sim card were put in a packet and

then sealed with a seal bearing ‘BB’ by me and the Recovery Memo was signed by Inspector

Madhav Maurya and ASI Amrik Singh. Also from the possession of Jassa Bhullreen a country made

32 bore revolver, along with one empty cartridge and two live cartridges of 32 bore were recovered

and the recovered items were put in a packet and then sealed with a seal bearing ‘BB’ and the

Recovery Memo was signed by Inspector Madhav Maurya and ASI Amrik Singh. I also prepared a

sketch of the country made 32 bore revolver. Billa & Jassa were not having any permit or licence to

use these weapons. I also recorded the statements of the witnesses.Then I intimated the PS Maur

Mandi regarding the incident and also the higher police authorities of District Bathinda. ASI Amrik

Singh took the RUQA to PS Maur Mandi.”

DSP Bobby Brar

S/d

SHO

(Shivdev Singh, PPS, Inspector)

PS Maur Mandi

23/08/2018




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ANNEXURE 3: RECOVERY MEMO

1. State: Punjab Year: 2018

Police Station: PS Maur Mandi FIR No. 154/2018

Date: 23.08.2018

2. Acts and Section: Indian Penal Code Sec. 307, Sec. 353, Sec. 186 and Sec. 34

Arms Act Sec. 25

3. Details of Property seized/recovered : -

Sr

No.

Property Description From whom/where

Recovered or Seized

Name of Parcel(in which

sealed)

1 Country made 12 bore pistol Dara Singh Parcel A

2 2 empty cartridges and 10 live

cartridges of Country made 12

bore pistol

Dara Singh Parcel B

3 A mobile phone of the make

Kamery K-313 and a BSNL sim

Dara Singh Parcel C

4 A country-made 12 bore pistol Billa Sekhonpuria Parcel D

5 1 empty cartridge and 22 live

cartridges of country-made 12

bore pistol

Billa Sekhonpuria Parcel E

6 A mobile phone of the make

Tamery T-313 and a BSNL sim

Billa Sekhonpuria Parcel F

7 country made 32 bore revolver Jassa Bhullreen Parcel G

8 1 empty cartridge and two live

cartridges of country made 32

Jassa Bhullreen Parcel H




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bore revolver

9 Mahindra Jeep bearing

registration No. PB 30XY 0786

Crematorium ground, Village

Maur

_

10 One Bullet of Country Made 12

Bore Pistol

Left Arm Injury of HC

Sikander Singh

Parcel I

11 9 mm High Power Browning

pistol

DSP Bobby Brar Parcel J

12 9 mm High Power Browning

pistol

Inspector Madhav Maurya Parcel K

13 3 empty cartridges of 9 mm High

Power Browning pistol

DSP Bobby Brar Parcel L

14 1 empty cartridge of 9 mm High

Power Browning pistol

Inspector Madhav Maurya Parcel M

15 One Bullet of 9 mm High Power

Browning Pistol

Dead body of Dara Singh Parcel N

4.

(a) Date: 23.08.2018

(b) Place: Cremation ground of Village Maur

5. Witnesses:

(i) Inspector Madhav Maurya

(ii) ASI Amrik Singh




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S/d S/d

Witness 1- Inspector Madhav Maurya Witness 2- ASI Amrik Singh

S/d

DSP Bobby Brar




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ANNEXURE 4 : SITE PLAN




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ANNEXURE 5: SKETCHES OF THE RECOVERED ARMS




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ANNEXURE 6: POST MORTEM EXAMINATION REPORT Civil Hospital, Talwandi Sabo, Punjab

PMR NO (Given by Doctor): PMR/GS/76/GH TS/PBDated: 23/08/18

Details of Doctor who conducted the Post-Mortem examination

Doctor’s Name Designation Registration no. of Doctor with

State Council/MCI

Dr. Tany Hayer Medical Officer 42318 MCI

Name of Deceased: Mr. Dara Singh

S/o: Mr. Ranjodh Singh

Age: 25-30 years

Gender: Male

Occupation: Unemployed

Present Address: Chak Sherewala, Shri Muktsar Sahib, Punjab.

Police Station: PS Maur Mandi, Bathinda

FIR No: 0154 u/s 307, 353, 186, 34 IPC

and 25 of Arms Act.

Date: 23/08/18

Date and time dead brought in the mortuary: 23/08/18 at 1:45AM

Date and time of receipt of inquest papers: 23/08/18 at 1:45AM (along with the deceased)

Date and time of Commencement of Autopsy: 23/08/18 at 6:30AM

Whence brought/referral: Brought dead to Civil Hospital, Talwandi Sabo.




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General Description

The dead body of an adult male wrapped in two white hospital sheets. No clothes or other

belongings on the body.

Length: 170 cm

Weight: 78kg

Physique: moderately built and nourished.

Ligature Mark: Absent

Tongue: Normal

Eyes: Closed

Pupil: Dilated & Fixed

Conjunctiva: Hazy and dry

Natural Orifices: Ear NAD, Nostrils NAD, External Genitalia Normal.

Special Remarks: Rigor mortis, stiffening is present all over the body.

Post Mortem Staining: Appreciated on dependent parts.

Signs of decomposition: NIL

External Examination

Sr. No. Injuries

1. LPW of size 0.9 cm x 0.9 cm with inverted margin present on the back of right

thigh, into its middle. And LPW of size 2 cm x 2cm on Vastus medialis of the

right thigh onto the lower part with inverted margin.

2. LPW 0.9 cm x 0.9 cm present on the front Right side of the chest, in its middle

with inverted margins. On dissection, underlying right lung is lacerated in its

middle part and there is collection of proximally 2500 ml of blood in right pleural

cavity, where the bullet is lying in the base of the right cavity.




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Internal Examination

The organs occupy normal positions, and all the internal organs are in a state of autolysis.

Skull- NAD

Membranes- NAD

Brain- Paleness detected.

Neck- NAD

Pleurae, Larynx & Trachea- NAD

Lungs- Right lung ruptured in the middle lob (as already discussed).

Heart- Unremarkable.

Walls, Peritoneum- NAD

Stomach and its content- Contains about 100ml fluid and digested food.

Small Intestine- contains chyme.

Large Intestine- Foul mixture of gases and faecal matter.

Liver and Gall Bladder- 1700g, congested

Kidneys- NAD

Bladder-NAD

Opinion

Cause of death: In this case in my opinion death is due to haemorrhage and shock due to

Injury 1 and Injury 2 caused by firearm which is sufficient in ordinary course of events to

cause death.

Antemortem/ Postmortem: Antemortem

Time between death and Postmortem: 6-24 hours.

Postmortem Concluded at: 23/08/2018 at 7:30AM




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S/d

Dr. Tany Hayer

Medical Officer

Handed over to police

Dead body after Post- Mortem examination duly stitched.

Post Mortem Examination Report.

Clothes of Dara Singh - White Kurta Pyjama

Police inquest papers.

One firearm bullet wrapped and duly sealed.

Received

S/d

ASI Judhraj Singh

PS Maur Mandi




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ANNEXURE 7 : MEDICO LEGAL REPORT OF HC SIKANDER SINGH Civil Hospital, Talwandi Sabo, Punjab

MLR NO (Given by Doctor): MLR NO MG/37/TS/MLR 2018 Dated: 23/08/18

Details of Doctor who conducted the Post-Mortem examination

Doctor’s Name Designation Registration no. of Doctor with

State Council/MCI

Dr. Tany Hayer Medical Officer 42318 MCI

Police Station: PS Maur Mandi, Bathinda

FIR No: 0154 u/s 307, 353, 186, 34 IPC

and 25 of Arms Act.

Date: 23/08/18

Date and time patient brought to the Civil Hospital, Talwandi Sabo: 23/08/18 at 1:45AM

• Patient name: Sikandar Singh

• Designation: Head Constable, No. 1122/MKT, CIA Staff, Shri Muktsar Sahib

• Sex: Male

• Age of Patient: 25 yrs

• Time of observation: 1:55 AM

• Patient Description: Moderately built, body weight: 180 lbs.

• Patient Condition: Conscious




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• Type of injury:Firearm Wound

• Site of injury: anterior brachium

• Nature of injury:Grievous, heavy bleeding

• Type of inflicting weapon: Heavy blunt weapon

• Age of injury:Fresh & Red.

Remarks: On observation, the circular wound of 1.2 cm x 1.2 cm was found to be entering the left

side of anterior brachium with deep abrasions in the arm tissue and slight soot staining.

One firearm bullet handed over to the police (wrapped and duly sealed).

S/d

Dr. Tany Hayer

Medical Officer




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ANNEXURE 8:FORENSIC SCIENCE LABORATORY REPORTS

Forensic Science Laboratory Punjab S.A.S Nagar

(Admissible u/s 293 Cr.P.C. Amendment 1978)

Report.No: 353/2018/FSL 06.09.2018

Reference No. : Letter No. 5522/S, Dated 24/08/2018

From SSP/ Bathinda

Subject: FIR No. 0154, Dated 23/08/2018

U/S 307, 353, 186, 34 IPC and u/s 25 Arms Act

PS Maur Mandi

Date of receipt: 24/08/2018

Articles received: Fourteen Sealed Parcels marked as A, B, C, D, E, F, G, H, I, J, K, L, M and N

Parcels A, B, C, D, E, F, G and H sealed with seals ‘BB’

Parcels I, J, K, L, M and N sealed with seals ‘JS’

Seals were found intact and tallied with the specimen seals

Parcel A contained : country Made 12 bore pistol (hence marked as S/1)

Parcel B contained: 2 empty cartridges and 10 live cartridges of Country made 12 bore pistol

(hence marked as S/2)

Parcel D contained: country-made 12 bore pistol (hence marked as S/3)

Parcel E contained: 1 empty cartridge and 22 live cartridges of country-made 12 bore pistol


Parcel G contained: country made 32 bore revolver (hence marked as S/5)

Parcel H contained: 1 empty cartridge and two live cartridges of country made 32 bore revolver


Parcel I contained: One Bullet of Country Made 12 Bore Pistol (hence marked as S/7)

Parcel J contained : 9 mm High Power Browning pistol (hence marked as S/8)

Parcel K contained : 9 mm High Power Browning pistol (hence marked as S/9)

Parcel L contained : 3 empty cartridges of 9 mm High Power Browning pistol (hence marked as

S/10)

Parcel M contained : 1 empty cartridge of 9 mm High Power Browning pistol (hence marked as

S/11)




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Parcel N contained : One Bullet of 9 mm High Power Browning pistol (hence marked as S/12)

Parcel C contained : A mobile phone of the make Kamery K-313 and a BSNL sim (hence

marked as S/13)

Parcel F contained: A mobile phone of the make Tamery T-313 and a BSNL sim (Hence marked as

S/14)

RESULT OF EXAMINATION

1. S/1 contained in parcel A is in working condition and it has been used in firing. S/2 contained in

parcel B have been fired through the barrel of S/1. S/7 contained in parcel I is blood stained and

it has been fired through the barrel of S/1.

2. S/3 contained in parcel D is in working condition and it has been used in firing. S/4 contained in

parcel E has been fired through the barrel of S/3.

3. S/5 contained in parcel G is in working condition and it has been used in firing. S/6 contained in

parcel H has been fired through the barrel of S/5.

4. S/8 contained in parcel J is in working condition and it has been used in firing. S/10 contained

in parcel L have been fired through the barrel of S/8. S/12 contained in parcel N is blood stained

and it has been fired through the barrel of S/8.

5. S/9 contained in parcel K is in working condition and it has been used in firing. S/11 contained

in parcel M has been fired through the barrel of S/9.

6. S/13 was examined and and it was in working condition. Whatsapp chats so recovered are

annexed.

7. S/14 was examined and it was in working condition.

S/d S/d

Aayush Sachdeva Shuvroop Kaur

Scientific Officer (Ballistics) Scientific Officer (Electronics)

S/d

Dr. Sukham Singh

Director, Forensics Science Laboratory, S.A.S Nagar




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ANNEXURE 9 : WHATSAPP CONVERSATION BETWEEN DARA SINGH AND

JASSA BHULLREEN1

1As annexed to FSL Report dated 06/09/18




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Page 36

ENGLISH TRANSLATION OF WHATSAPP CONVERSATION BETWEEN DARA

SINGH AND JASSA BHULLREEN

(This is to inform all the participants that no other translation would be permissible in the

competition except as given hereunder.)

Dara: Hello brother, how are you?

Jassa: All good brother, and what about you?

Dara: I’m also doing good, and what about your

parents?

Jassa: Brother, with God’s grace everything is

fine.

Dara: Let’s catch up today?

Jassa: Sure brother, and I will be bringing along

with me Billa also.

Dara: Then let’s meet at our favourite haunt?

Jassa: Okay

Jassa: Sat Shri Akal




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ANNEXURE 10 : CALL DATA RECORDS OF DARA SINGH

Bharat Sanchar Nigam Limited (BSNL)

PUNJAB TELECOM

Account Number 0000000001

Name and Address of the Customer:

Dara Singh

# Phirni Gali, Chak Sherewala, District Shri Muktsar Sahib

Phone Number. : +91 9464015122

Date Outgoing Incoming Call time

HR:MN:S

C

Call duration

HR:MN:SC Cell Site

22.08.2018 9914535335 9464015122 06:10:42 01:48:31 Doda(Village cum City) ,

Shri Muktsar Sahib

22.08.2018 9464015122 9914535335 10:05:12 00:55:23 Rampura Phul, Bathinda

*After police investigation it was found that:

+91 9914535335 is registered under the name of Billa Sekhonpuria




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ANNEXURE 11 : STATEMENTS OF PROSECUTION WITNESSES UNDER 161

Cr.P.C.

Statement of PW 1, Shri Bobby Brar, PPS, DSP, Shri Muktsar Sahib, Punjab

I am currently posted as DSP, Shri Muktsar Sahib. Dara Singh, along with his associates, who was

accused in three different Murder Cases and was wanted in all the three cases and the said accused

along with his associates was absconding from past 20/22 days and a team was formed to apprehend

him under my superintendence consisting of Inspector Madhav Maurya Inchage of CIA Staff Shri

Muktsar Sahib and Inspector Gurpartap Singh Incharge of Special Staff Shri Muktsar Sahib.On

22.08.2018, a phone call was intercepted at about 10:00 PM from 9464015122 to 9914535335and

as per the phone call it was found that Dara will meet Billa at 12:00 AM in the crematorium area of

Village Maur. I intimated about this to my superior officers and after taking their consent, I along

with Inspector Madhav Maurya, ASI Amrik Singh and HC Sikander Singh left for Maur village. At

around, 11:50 PM we reached the T- Point Nakka in Maur Mandi and ASI Angrej Singh (PS Maur

Mandi) was on duty at the Nakka and after being told about the facts of the case ASI Angrej Singh

also accompanied us and showed us the way to the crematorium area of village Maur. We reached

the spot at around 12:20 AM, 23-08-2018, and when we went inside the crematorium area we saw 3

boys sitting on 3 different chairs. On seeing the police all of them panicked, and one of the boys in

order to avoid the arrest and with intention to kill fired on me and I dodged the shot and then I

asked him to surrender by firing a shot in the air from my official pistol. In the meanwhile, ASI

Angrej Singh arrested the boy and the 2nd Boy fired upon Inspector Madhav Maurya with intention

to kill but he dodged the shot and then he asked the boy to surrender by firing a shot in the air from

his official pistol and after this ASI Amrik Singh arrested the boy. The 3rd Boy tried flee but I and

HC Sikander Singh chased him and therefore HC Sikander Singh asked him to surrender but the

boy didn't surrender and in retaliation he fired a shot at HC Sikander Singh with intention to kill and

the shot hit HC Sikander Singh on his upper left arm. Then, I fired a shot at the boy which hit him

while he was climbing the northern wall of the crematorium area and he fell outside the

crematorium area in the paddy field. I also climbed the wall behind him and when I landed in the

paddy field he fired a shot at me but I dodged the shot and after this I fired a shot at him from my

official pistol and the shot hit the boy and he fell on the ground. Upon being asked the boy told us

that his name is Dara Singh s/o Ranjodh Singh, resident of Chak Sherewala, District Shri Muktsar

Sahib, Punjab and then we sent Dara and HC Sikander Singh to Civil Hospital, Talwandi Sabo on a

government vehicle under the supervision of ASI Angrej Singh. From the possession of Dara Singh




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a country made 12 bore pistol, 2 empty cartridges, 10 live cartridges, Kamery K-313 mobile phone

and a BSNL-sim were recovered and the recovered items were sealed with a seal bearing ‘BB’ and

the Recovery Memo was signed by Inspector Madhav Maurya and ASI Amrik Singh. Afterwards,

the 1st boy upon being asked told his name as Billa Sekhonpuria S/o Daler Singh and resident of

Kot Shamir Village and the 2nd boy told his name as Jassa Bhullreen S/o Bikker Singh and resident

of Maur Village. From the possession of Billa Sekhonpuria a country-made 12 bore pistol, one

empty cartridge, 22 live cartridges, one Tamery T-313 mobile phone and one BSNL Sim Card were

recovered and the recovered items were sealed with a seal bearing ‘BB’ and the Recovery Memo

was signed by Inspector Madhav Maurya and ASI Amrik Singh. Also from the possession of Jassa

Bhullreen a country made 32 bore revolver, along with one empty cartridge and two live cartridges

of 32 bore were recovered and the recovered items were sealed with a seal bearing ‘BB’ and the

Recovery Memo was signed by Inspector Madhav Maurya and ASI Amrik Singh. Then I intimated

the PS Maur Mandi regarding the incident and also the higher police authorities of District

Bathinda. ASI Amrik Singh took the RUQA to PS Maur Mandi.

S/d

ASI Judhraj Singh

PS Maur Mandi




PROPOSITION

Page 40

Statement of PW 2 Inspector Madhav Maurya, CIA Staff, Shri Muktsar Sahib, Punjab

I am currently posted in CIA staff, Shri Muktsar Sahib. Dara Singh, along with his associates, who

was accused in three different Murder Cases and was wanted in all the three different cases was

absconding from past 20/22 days and a team was formed to apprehend him under the

superintendence of DSP Bobby Brar and I was a part of the team. On 22.08.2018, a phone call was

intercepted at about 10:00 PM from 9464015122 to 9914535335 and as per the phone call it was

found that Dara will meet Billa in the crematorium area of Village Maur. DSP Bobby Brar

intimated about this to our superior officers and after taking their consent we left for Maur village.

At around, 11:50 PM we reached the T- Point Nakka in Maur Mandi and ASI Angrej Singh (PS

Maur Mandi) was on duty at the Nakka and after knowing about the facts of the case he also

accompanied us and showed us the way to the crematorium area of village Maur. We reached the

spot at around quarter past twelve and after going inside the crematorium area we saw that there

were 3 persons inside the crematorium area of the village Maur. On seeing the police all of them

started running in different directions, and one of the boys in order to avoid the arrest and with

intention to kill fired on DSP Bobby Brar but he dodged the shot and then he asked the boy to

surrender by firing a shot in the air.In the meanwhile, ASI Angrej Singh arrested the boy. The 2nd

Boy fired upon me with intention to kill but I dodged the shot and afterwards I asked the boy to

surrender by firing a shot in the air from my official pistol. In the meanwhile, ASI Amrik Singh

arrested the boy and I also helped him in doing so. The 3rd Boy also tried to escape but DSP Bobby

Brar and HC Sikander Singh chased him and HC Sikander Singh asked him to surrender but the boy

didn't surrender and he fired a shot at HC Sikander Singh with intention to kill and the shot hit HC

Sikander Singh. After this DSP Bobby Brar fired a shot at the boy while he was chasing the boy and

the shot hit the boy while he was scaling the wall of the crematorium area and the boy fell in the

fields, outside the crematorium area. DSP Bobby Brar also scaled the wall after the boy and after

this I heard 2 shots being fired one after the other. When I reached the spot of the firing I saw the

boy lying on the ground. Upon being asked the boy told us that his name is Dara Singh s/o Ranjodh

Singh and he is resident of Chak Sherewala, District Shri Muktsar Sahib, Punjab. Then as per the

directions of the National Human Rights Commission ASI Angrej Singh took Dara Singh and HC

Sikander Singh to the Civil Hospital, Talwandi Sabo in the government vehicle. From the

possession of Dara Singh a country made 12 bore pistol, 2 empty cartridges, 10 live cartridges, one

Kamery K-313 mobile and one BSNL sim card were recovered and the recovered items were put in




PROPOSITION

Page 41

a packet and then sealed with a seal bearing ‘BB’ by DSP Bobby Brar and he also prepared the

Recovery Memo, which was signed by me and ASI Amrik Singh. Afterwards, the 1st boy upon

being asked told his name as Billa Sekhonpuria S/o Daler Singh and that he is resident of Kot

Shamir Village, District Bathinda, Punjab and the 2nd boy told his name as Jassa Bhullreen S/o

Bikker Singh, resident of Maur Village, District Bathinda, Punjab. From the possession of Billa a

country-made 12 bore pistol, one empty cartridge, 22 live cartridges and one Tamery T- 313 mobile

phone and one BSNL sim card were recovered and the recovered items were put in a packet and

then sealed with a seal bearing ‘BB’ by DSP Bobby Brar and the Recovery Memo was signed by

me and ASI Amrik Singh. Also from the possession of Jassa a country made 32 bore revolver,

along with one empty of cartridge and two live cartridges of 32 bore were recovered and the

recovered items were put in a packet and then sealed with a seal bearing ‘BB’ by DSP Bobby Brar

and the Recovery Memo was signed by me and ASI Amrik Singh. Billa & Jassa were not having

any permit or licence to use these weapons. After this DSP Bobby Brar recorded our Statements and

intimated PS Maur Mandi regarding the incident and also the higher police authorities of District

Bathinda. ASI Amrik Singh took the RUQA to PS Maur Mandi.

S/d

DSP Bobby Brar

Shri Muktsar Sahib




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Statement of PW 3 HC Sikander Singh, No. 1122/MKT, CIA Staff, Shri Muktsar Sahib

I am currently posted in CIA staff, Shri Muktsar Sahib, Punjab.Dara and his associates were

absconding from past 20/22 days and a team was formed to apprehend him under the

superintendence of DSP Bobby Brar and the team consisted of Inspector Madhav Maurya Inchage

of CIA Staff Shri Muktsar Sahib and Inspector Gurpartap Singh Incharge of Special Staff Shri

Muktsar Sahib. The team was also aided by Cyber Cell. On 22.08.2018 at around 10:00 PM, a

phone call was intercepted from 9464015122 to 9914535335 and in the phone call Dara promised to

meet Billa at 12:00 AM in the crematorium area of Village Maur. Then I along with DSP Bobby

Brar, Inspector Madhav Maurya and ASI Amrik Singh left for Maur village. At around, 11:50 PM

we reached the T- Point Nakka in Maur Mandi and ASI Angrej Singh (PS Maur Mandi) was on

duty at the Nakka. We made ASI Angrej Singh conversant with the facts regarding the pursuit of

Dara and hence he also decided to accompany us and he showed us the way to the crematorium area

of the village Maur. We reached the spot at around 12:20 AM and there we saw a Jeep outside the

crematorium area of village Maur. When we went inside the crematorium we saw 3 boys. On seeing

the police all of them panicked, and one of the boys in order to avoid the arrest and with intention to

kill fired on DSP Bobby Brar but he dodged the shot and then he asked the boy to surrender by

firing a shot in the air. In the meanwhile, ASI Angrej Singh arrested the boy .The 2nd Boy fired

upon Inspector Madhav Maurya with intention to kill but he dodged the shot and then he asked the

boy to surrender by firing a shot in the air and in the meanwhile, ASI Amrik Singh arrested that

boy. The 3rd Boy tried to run away but I and DSP Bobby Brar chased him and I asked him to

surrender but the boy didn't surrender and in retaliation he fired a shot at me with intention to kill

and the shot hit me on my upper left arm and due to which I immediately sat down on the ground.

After this, DSP Bobby Brar fired a shot at the boy which hit him while he was climbing the wall of

the crematorium area and he fell outside the crematorium area. DSP Bobby Brar also climbed the

wall after the boy. Then I heard 2 shots fired consecutively one after the other. Afterwards, ASI

Angrej Singh took me and Dara to the Civil Hospital, Talwandi Sabo.

S/d

ASI Judhraj Singh

PS Maur Mandi




PROPOSITION

Page 43

Statement of PW 4 ASI Amrik Singh, No. 5522/MKT, CIA staff, Shri Muktsar Sahib, Punjab

I am currently posted in CIA Staff, Shri Muktsar Sahib, Punjab. Darahis associates were absconding

from past 20/22 days and a team was formed to apprehend him under the superintendenceof DSP

Bobby Brar. On 22.08.2018 at around 10:00 PM, a phone call was intercepted and in the phone call

Dara promised to meet Billa at 12:00 AM in the crematorium area of Village Maur. Immediately

after this I along with DSP Bobby Brar, Inspector Madhav Mauryaand HC Sikander Singh left for

Maur village. At around, 11:50 PM we reached the T- Point Nakka in Maur Mandi and ASI Angrej

Singh (PS Maur Mandi) was on duty at the Nakka. Then we told ASI Angrej Singh the facts

regarding the pursuit of Dara and then ASI Angrej Singh also accompanied us and showed us the

way to the crematorium area of the village Maur. When we went inside the crematorium area we

saw 3 boys. On seeing the police all of started running in different directions, and one of the boys in

order to escape and with intention to kill fired on DSP Bobby Brar but he dodged the shot and then

DSP asked the boy to surrender by firing a shot in the air. In the meanwhile, ASI Angrej Singh

arrested the boy. The 2nd Boy fired upon Inspector Madhav Maurya with intention to kill but he

dodged the shot and then he asked the boy to surrender by firing a shot in the air. In the meanwhile,

I arrested the boy along with his unlicensed weapon. The 3rd Boy tried to run away but DSP Bobby

Brar and HC Sikander Singh chased him and HC Sikander Singh asked the boy to surrender but the

boy didn't surrender and in retaliation he fired a shot at HC Sikander Singh with intention to kill and

the shot hit HC Sikander Singh. After this DSP Bobby Brar fired a shot at the boy which hit him

while he was climbing the northern wall of the crematorium area and the boy fell outside the

crematorium area in the paddy field. DSP Bobby Brar also scaled the wall after the boy. Upon being

asked the boy told the police party that his name is Dara Singh s/o Ranjodh Singh, resident of Chak

Sherewala, District Shri Muktsar Sahib, Punjab. Then as per the directions of the National Human

Rights Commission ASI Angrej Singh took Dara Singh and HC Sikander Singh to the Civil

Hospital, Talwandi Sabo in the government vehicle. From the possession of Dara Singh a country

made 12 bore pistol, 2 empty cartridges, 10 live cartridges, Kamery K-313 mobile phone and one

BSNL sim card were recovered and the recovered items were put in a packet and sealed. Inspector

Madhav Maurya and I attested the recovery Memo. Dara was not having any licence or permit to

use the weapon. Afterwards, the 1st boy upon being asked told his name as Billa Sekhonpuria S/o

Daler Singh, resident of Kot Shamir Village, District Bathinda, Punjab and the 2nd boy told his

name as Jassa Bhullreen S/o Bikker Singh, resident of Maur Village, District Bathinda, Punjab.




PROPOSITION

Page 44

From the possession of Billa a country-made 12 bore pistol, one empty cartridge, 22 live cartridges,

Tamery T-313 mobile phone and one BSNL sim Card were recovered and the recovered items were

put in a packet and sealed by DSP Bobby Brar. Inspector Madhav Maurya and I attested the

recovery Memo. Also from the possession of Jassa a country made 32 bore revolver, along with one

empty cartridge and two live cartridges of 32 bore were recovered and the recovered items were put

in a packet and sealed. Inspector Madhav Maurya and I attested the recovery Memo. Afterwards, I

took the RUQA to PS Maur Mandi

S/d

DSP Bobby Brar

Shri Muktsar Sahib




PROPOSITION

Page 45

Statement of PW 5 ASI Angrej Singh, No. 1055/BTI, Bathinda, Punjab

I am currently posted at the T-point Nakka, PS Maur Mandi. At around, quarter to twelve DSP

Bobby Brar, Inspector Madhav Maurya, ASI Amrik Singh and HC Sikander Singh reached the T-

Point Nakka in Maur Mandi and they told me the facts regarding their pursuit of Dara and then I

decided to accompany them and I showed them the way to the crematorium area of the village

Maur. We reached the spot at around 12:15 AM. When we went inside the crematorium the 3 boys

on seeing the police panicked and started running in different directions, one of the boys in order to

escape and with intention to kill fired on DSP Bobby Brar but he dodged the shot and then the DSP

asked the boy to surrender by firing a shot in the air. In the meanwhile, I arrested the boy. The 2nd

Boy fired upon Inspector Madhav Maurya with intention to kill but he dodged the shot and then he

asked the boy to surrender by firing a shot in the air. In the meanwhile, ASI Amrik Singh arrested

the boy. The 3rd Boy tried to flee but DSP Bobby Brar and HC Sikander Singh chased him and

therefore HC Sikander Singh asked him to surrender but the boy didn't surrender and in retaliation

he fired a shot at HC Sikander Singh with intention to kill and the shot hit HC Sikander Singh on

his arm. Then, DSP fired a shot at the boy which hit him while he was trying to climb the wall of

the crematorium area and he fell outside the crematorium area in the fields. DSP Bobby Brar also

scaled the wall after the boy and then I heard consecutive gun shots. Upon being asked the boy told

us that his name is Dara Singh s/o Ranjodh Singh, resident of Chak Sherewala, District Shri

Muktsar Sahib, Punjab. Then as per the directions of the National Human Rights Commission I

took Dara Singh and HC Sikander Singh to the Civil Hospital, Talwandi Sabo.

S/d

ASI Judhraj Singh

PS Maur Mandi




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STATEMENTS OF DEFENCE WITNESSES (These statements are only an aide memoire for the participants to appraise them of the contents of

evidence to be given by defence witnesses.)

Statement of DW - 1 Shri Ranjodh Singh Brar S/o Harcharan Singh

Age - 49 years

Residence : Chak Sherewala, Shri Muktsar Sahib, Punjab

I am father of Dara Singh. My son was completely innocent and he was first falsely accused in the

murder cases of 3 leaders of SRR extremist organisation and then was killed in a fake encounter by

DSP Bobby Brar. DSP Bobby Brar is a butcher and he has since the dark days of Punjab killed

many innocent young men for money, police awards and for promotions. The only fault of my son

being that he supported a separatist ideology and was against the fascist regime. On 21.08.18 at

around 9:00 PM my son was forcibly dragged out of our house by DSP Bobby Brar, Inspector

Madhav Maurya and some other policemen on the pretext of arresting him. When I tried to

intervene DSP pushed me aside and I fell on the ground. After this DSP Bobby Brar said that, “Aaj

tere munde nu gaddi jhadauna hai”2. With my folded hands I prayed before the DSP to please

forgive the life my son but that butcher took him away. Then I along with my brother Surjit went to

the Police station to inquire about Dara but the police officials did not tell us anything about Dara

and they rejected the fact that Dara was ever arrested by any police official. When I told them about

DSP Bobby Brar then the police officials said that I’m concocting fake stories. The police officials

also said to me that my son is a criminal and he might have absconded somewhere. After this I ran

from post to pillar to know about my beloved son but at last I received the dead body of my son

from Civil Hospital, Talwandi Sabo.

2 Only Permissible translation – ‘Tonight will be the last night of your son’.




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Statement of DW 2 Shri Surjit Singh Brar S/o Harcharan Singh

Age - 45 years

Residence : Chak Sherewala, Shri Muktsar Sahib, Punjab

I am uncle of Dara Singh. On the night of 21st August, 2018 I heard some strange noise coming

from the house of my brother Ranjodh. When I went to see that what all is happening I saw that my

nephew was being forcibly dragged by some policemen and then they rushed him into the police

gypsy. After this I along with my brother Ranjodh went to the Police station to inquire about Dara

but the police officials did not tell us anything about him and they rejected the fact that Dara was

ever arrested by any police official and they said that we are concocting fake stories. The police

officials also said to us that Dara is a criminal and he might have absconded somewhere. Finally we

received the dead body of my nephew from Civil Hospital, Talwandi Sabo.




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Statement of DW 3 Billa Sekhonpuria S/o Daler Singh

Age - 23 years

Residence - Kot Shamir Village, Bathinda, Punjab

I’m accused No. 1 in this case. On the night of 21.08.18 at around 10:00 PM I along with my

friends Jassa and Sangam were returning after watching a movie at Bathinda and we were going for

a night stay to Sangam’s house, which is situated in Malout. When we reached near the Rajasthan

Feeder Canal a police gypsy came and it stopped in front of us. Then a few policemen came out of

the gypsy and they forcibly started pushing me and Jassa into the gypsy. Despite our resistance they

took us to some unknown place and Dara was also present there though he was unconscious. Then

DSP Bobby Brar tortured us and he even applied electric current to my private body parts. DSP

Bobby Brar forced us to be prosecution witnesses against Dara in all the cases in which he was an

accused as I and Jassa were Dara’s only best friends. He also gave us a warning that if we do not

accede to him he will kill us. Afterwards, the police officials took Dara to some other place and

after some time we were also taken to a crematorium ground and there we were arrested by some

other police official.




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Statement of DW 4 Jassa Bhullreen S/o Bikker Singh

Age - 24 years

Residence - Maur Mandi, Punjab

I’m accused No. 2 in this case. On the night of 21.08.18 at around 10:00 PM I along with my

friends Billa and Sangam were returning after watching a movie at Bathinda and we were going for

a night stay to Sangam’s house, which is situated in Malout. When we reached near the Rajasthan

Feeder Canal a police gypsy came and it stopped in front of us. Then a few policemen came out of

the gypsy and they forcibly started pushing me and Billa into the gypsy and one of the police

officials said, “Aaj tuhadi Khair nahi”3. Despite our resistance they took us to some unknown place

and Dara was also present there though he was lying unconscious. Then DSP Bobby Brar tortured

both of us and he even applied electric current to my private body parts. DSP Bobby Brar forced us

to be prosecution witnesses against Dara in all the cases in which he was an accused as I and Jassa

were Dara’s only best friends. He also gave us a warning that if we do not accede to him he will kill

us and would falsely implicate our family members in any false FIR. Afterwards, the police

officials took Dara to some other place and after some time we were also taken to a crematorium

area and there we were arrested by some other police official.

3 The only permissible translation- “Today, you are not going to have any bailout”.




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Statement of DW 5 Sangam Sharma S/o Jaideep Sharma

Age - 23 years

Residence - # 2277, Street No. 5, Sarabha Nagar, Malout Mandi

I’m friend of Jassa and Billa. On the night of 21.08.18 Jassa and Billa were with me and we 3 were

returning from bathinda after watching a movie there. And that day Jassa and Billa planned to have

a night stay at my house. It might be quarter to ten when we reached the Rajasthan Feeder Canal

which is on way to Malout. Then suddenly a police Jeep came and it stopped in front of us and they

also tried to stop us. A few police officials came out of the Jeep and they forcibly pushed Jassa and

Billa into the Jeep and I heard them saying to Jassa and Billa that, “Eh sab Dara naal yaari laun da

te ohdi Madat karan da natija hai”4. When I tried to intervene I was brushed aside by the police

officials and they said to me that I should not intervene otherwise I will also face the same

consequences as they are going to face. They also said to me they are having orders only to round

up Jassa and Billa, otherwise they would have also picked me up. And after this the Police Jeep

went towards Bathinda and the police officials warned me of dire consequences if I ever tried to

pursue them or to inform anyone else regarding the incident.

4 Only permissible translation- “This is the brunt of befriending Dara and also for helping him”.




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Statement of DW 6 Gautami Rakshita D/o Sheila Devi

Residence - # 356, Street No. 6A, Ranjit Avenue, Sri Muktsar Sahib

Age - 27 years

I and DSP Bobby Brar were in a relationship from past 3 years. Bobby was too deeply engrossed in

his pursuit of Dara. He told me that once he gets Dara then no one can stop him from becoming the

Superintendent of Police. He showed me all his awards which he received with regard to different

Police encounters. He told me that it was only due to those innocent young boys whom he killed by

projecting them as terrorists and he was doing the same since 1991. Bobby also used to tell me that

how the fake encounters of innocent young boys have been the secret of success of many top cops

of Punjab. He showed me the Facebook profile of Dara Singh and I was aghast after seeing that

Dara has shared separatist material openly on his Facebook profile. Bobby also told me that on the

behest of some politicians the police has been successful in accusing Dara in some false cases and

now Bobby wanted to kill Dara in a fake encounter so that he can put another feather in his cap.

Before falling in love with Bobby Brar I didn't know that he is a butcher.




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Statement of DW 7 HC Bilawar Singh, No. 1995/MKT, Shri Muktsar Sahib, Punjab

I have brought the service record book of DSP Bobby Brar.

SERVICE RECORD BOOK




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