Constable in the Punjab Police on 8.8.1994 and at present he is working as ASI. Similarly, petitioner No.2 joined as Constable on 1.5.1993 and presently working as a Head Constable. Both the petitioners claim that their entire service record is unblemished and no adverse remark has ever been conveyed to them. The genesis of the present controversy erupted on 12.5.2016 when a FIR No. 42 came to be registered under Sections 302/34 IPC against the petitioners, when they were posted at Police Post Handiaya, District Barnala, Punjab. It is alleged that the aforesaid FIR was registered falsely due to the pressure of the Kissan Union. The allegations, as alleged by the complainant—Sukhwinder Singh @ Babli in the FIR, were to the effect that on 11.5.2016, at about 7.00 to 7.30 p.m., he, along with one Sukhpal Singh, had come to Handiaya due to the injury to his foot. When they reached near a picket (Naaka), near Tempo Stand State Bank of Patiala, they saw both petitioners beating their neighbor—Baldev Singh. Immediately, he made a telephone call to Baldev Singh's brother and informed him about the incident and asked him to reach the Police Post. It was alleged that the said Baldev Singh was taken to the Police Station and put in the lock up and was administered sulfas tablets. This was disclosed to the complainant by the said Baldev Singh himself. When Baldev Singh became unwell, he was taken to Vijay Nursing Home, Barnala, in a private car, which referred him to DMC, Ludhiana, but he died on the way. It is in this background that FIR dated 12.5.2016 (Annexure P/1) came to be registered against the petitioners under Sections 302/34 IPC. However, the petitioners aver that the said Baldev Singh was under the influence of some narcotic drug and was taken to the police station from the police post. When he started vomiting, there was some smell of sulfas emerging from his
