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"I was leading the agitating villagers of my village as we had made a temporary bandh with earth to obstruct the seepage/ rainy water from entering the village and the same was flowing towards Malout City and the local administration wanted to cut away our bandh or to obstruct second Bandh towards Malout side. This enraged the Police. I was taken from my house on 26.10.97 at about 1:30 P.M in the presence of panchayat though nothing incriminating was recovered from me. A resolution to this effect was also passed by the panchayat, but the police falsely implicated me in this case. I had strained relationship with Kuldip Singh who is `phuphar' of Darshan Singh Mann, S.P of Police Amritsar and they got occasion for my false implication in this case."

SI Ranjodh Singh admittedly kept the case property with him from 27.10.1997 to 28.10.1997. It was on 28.10.1997 that he produced the accused and the case property before the Illaqa Magistrate, i.e., Sub Divisional Judicial Magistrate, Malout. He did not produce any of the prosecution witnesses before the said Magistrate.

Talwinder Singh Panchayat Secretary DW1 has proved the resolutions, the copies of which are Ex.D1 and Ex.D2. Ex.D1 reads as under:-

"(i) Ex.D1 (31) is Panchayat Resolution dated 26.10.1997 contents of which reads as under:-

"Today, a meeting of Panchayat of Village Thehri is convened under the Chairmanship of Sardar Manmohan Singh Sarpanch. Gurdeep Singh Member is authorized to scribe the following proceedings. The following resolution is hereby passed.

It is resolved that to-day at about 1:30 P.M (day) Police of Malout had come in the house of Lachhman Dass son of Bansi Lal of Village Thehri. Whole Panchayat had reached there at the spot. House of Lachhman Dass was searched in presence of the Panchayat. Nothing illegal was recovered in presence of Panchayat from the house of Lachhman Dass. But in presence of the Panchayat, police of Malout took Lachhman Dass forcibly with it. Police had committed a wrong in taking Lachhman Dass in its custody without any reason in front of the whole Panchayat. In this way, the whole Panchayat is insulted. All this has been done for the reason that the surplus water of village Thehri was to go to Malout; Police of Malout wanted to stop it by constructing of an embankment; that Lachhman Dass and the whole village opposed it; that Lachhman Dass was ahead in this opposition; and that police of Malout has taken Lachhman Dass unlawfully after apprehending him for his this opposition. In this respect, the whole matter is necessary to be brought in notice of Hon'ble Chief Minister, Punjab, Senior Officers and the Police. This Resolution is hereby passed unanimously.

DW2 Gurdev Singh has stated as under:-

"I was member Panchayat of Gram Panchayat Village Thehri in the year 1997. In Sept and October 1997 there were excessive rain and flood like situation was developing. To prevent the water entering in Village Thehri, the Panchayat with the help of other resident of Village constructed Bandh near the road. Again said Malout people constructed the above said bandh and due to the construction of said bandh the water entered in our village and causing damage. We wanted to demolish the said bandh but the police was preventing us from doing so. Lachhman Dass accused present today in Court was also present with us. Due to this police was against the accused and us. On 26.10.97 police of Malout came to our village and went to the house of accused Lachhman Dass. Manmohan Singh Sarpanch, myself and other members and residents of village also went to the house of accused. In our presence police conducted search of the house of the accused, but nothing incriminating thing was recovered. Police forcibly took away the accused with it although we opposed it. Thereafter we passed resolution and Ex.D1 is the photostat copy of the same. I have seen the original resolution in the proceeding book and the same is in my hand and bears my signatures and signatures of other members of Panchayat. After 5/7 days we came to know that accused has been falsely involved in case of recovery of opium. On this, we again passed resolution dated 11.11.97 and Ex.D2 is the photostat copy. The original resolution bears my signatures and others."