Prem Singh And ANR v. State Of Punjab And ANR
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6 'At this time, due to a statement, Arvinder Singh alias Lucky son of S. Jaswant Singh, resident of village Panodia Thana Sadar Patiala District Patiala Age 42 Years Mobile 98768) 93693 Written by ASI Bikramjit 333/Pt. By way of complaint against Diksat Gaur son of Sh. Anupam Gaur resident of Flat No. 5 Ground Floor HIG Flats SST Nagar Patiala, Prem Singh son of Jarnail Singh resident of village Chuharpur Kalal Tehsil and District Patiala, Dharwinder Pal Singh son of Joginder Singh, Surjit Singh son of Unknown, Raju Alias Billa Son of Unknown and Lavi Son of Unknown and 8/10 Unknown Persons under Section 115(2), 126(2),304(2), 190,351(1)(3) BNS. Investigation were joined by PHG
Tarsem Lal 18076 Police Station Sonaur. Statement of Arvinder Singh alias Lucky, son of Sh. Jaswant Singh, resident of village Panaudian, police station, Sadar Patiala, district Patiala, age about 42 years, phone number 98768)93693, stated that I am a resident of the abovesaid address and ding agricultural work. Jitendra Bhinder and Bikramjit Singh Bhinder, son of Santokh Singh Bhinder, resident of House No. 150, Street No. 18, Guru Nanak Nagar, Patiala, are my relative. On 28)08)2024, being a relative, Jatinder Bhinder called me and told me that Bai Bikramjit Bhinder had given his 7 trucks (Tipper) to Dikshit Gaur son of Sh. Anupam Gaur resident of Flat No. 5 Ground Floor HIG Flats S.S.T Nagar Patiala and Prem Singh son of Jarnail Singh resident of Village Chuharpur Kalalan Tehsil and District Patiala had sold it for Rs.
1,70,00,000/). They have told us that their payment of Rs. 62 lakh 90 thousand remains due to the said Dikshit Gaur and the said Prem Singh, the writing of which is available with them, due to which the said Dikshit Gaur and the said Prem Singh in order to adjust the said Rs. 62,90,000/) we have been called by them to Chika Road at Kalgidhar Motor (Tata Agency) to get around 2 Acres of land transferred in our name for the said adjustment, they have also shown us the said land.
On 28)08) 2024 there is to be an agreement in which you have to be a witness, so you have to go with us, so me and my relative Jitinder Bhinder, and our friend Daljit Singh Virk son of Amrik Singh resident of Sarhand Road Patiala all three of with their documents reached at Chika Road near Kalgidhar Motor (Tata Agency) at 11:30 AM, where we found Dikshit Gaur son of Anupam Gaur, Prem Singh son of Jarnail Singh, Dharwinder Pal Singh son of Joginder Singh, Surjit Singh son of not know, Raju alias Billa son of not knonw Maloom, and Lavi son of not known and we all met in the office, there we discussed about the contract of the said land, they were willing to enter into the contract, then they told us that you sit here have tea and water and we shall come back in a little while after consulting each other, we kept on waiting in the said agency and when they did not come after two hours, Jatinder Bhaji called Dikshit Gaur and he said that we are coming after a while and thereafter, we shall go to the court to write the contract, we waited for them for a while again.
Then after a while the said Dikshit Gaur, Prem Singh, Dharvinder Pal Singh, Surjit Singh, Raju @ Billa, and others including Lavi came to the office with 8/10 unknown persons, then as soon as they came, Prem asked Jitinder Bhinder to take out the original contract worth Rs. 1 crore 70 lakhs and show it to us. Jitender Bhai thereafter, showed to the contract bearing Sr. No. IN)PB35050218981234U dated 15.10.2022 to Prem Singh, when Jitinder Bhinder tried to put back the said contract back, Prem Singh snatched the contract from him and rushed forward and gave to Dikshit Gaur.
, them started beating us with their legs and hands, then we told them that we will go to the police station to lodge a complaint against you, otherwise give back the contract that was taken from us, at that time Prem Singh said that go and do what you have to do, we are not afraid of the police station. When we came out of the agency the said 3/4 persons once again surrounded us and gave us beatings once again, we left that place with great difficulty. On account of the seriousness of the injuries my friends got me admitted in Rajindera Hospital, Patiala, thereafter, after treatment, the doctors discharge me on the same date i.e. 28.08.2024. Dikshit Gaur, Prem Singh, Parwinder Pal Singh, Surjit Singh, Raju @ Billa and Lavi alongwith 8/10 unknown persons have given us beating after surrounding us and have snatch our agreement dated 15.10.2022 for an amount of Rs. 1,70,00,000/) and as such the necessary legal action may be taken against them. I visited you alongwith my relative Jatinder Bhinder and have recorded my statement and have read over the same. '
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6 "We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favourable order under Section 438 of the code. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also material which would
have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre)arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third)degree methods needs not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders."
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Sham Whether speaking/reasoned Yes/No Whether reportable Yes/No