VIKRAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals arise out of the following facts On 14th February 2005 the deceased Abhi Verma @ Harry, a boy aged 16 years and a student of DAV School, Hoshiarpur, son of Goldsmith Ravi Verma (PW 27) was kidnapped at about 8,45 a.m. from outside the school. An anonymous call was received in Police Station City, Hoshiarpur at 8.45 a.m. by Sub-Inspector Nirmal Singh (PW 39), the SHO, and on its basis an FIR was recorded under Section 364 of the IPC referring to the kidnapping of a child from a place near "Shimla Pahari". Sub-Inspector Jiwan Kumar (PW 43) of CIA Staff, Hoshiarpur also received information about the kidnapping on which the police machinery was further activated. A short while later, that is at about the noon time, Ravi Verma (PW) received a call on his landline telephone No. 226059 installed in his shop telling him that his son had been kidnapped and in case he wanted him to return alive, he should pay a ransom of Rs. 50 Lac and that he would be contacted later. Ravi Verma's request to the caller to permit him to speak with his son was denied. Ravi Verma, greatly alarmed, went post haste to the school and was told that his son had not come to class that day. This information confirmed his fear that his son had indeed been kidnapped for ransom. Sub-Inspector Jiwan Kumar (PW) in the meanwhile reached Shimla Pahari Chowk and met Ravi Verma at about 12.30 p.m. and recorded his statement (Ex.PWWW) and on its basis the offence under Section 364 IPC was converted into one under Section 364A of the IPC. The Sub-Inspector also directed Ravi Verma to arrange an ID caller with a tape recorder and to connect it with the telephone in his shop and to await another call from the kidnapper. These directions were carried out by Ravi Verma and the subsequent conversations were duly recorded. At about 4.00 p.m. Ravi Verma received a call on his Mobile No. 9814783418 and the kidnapper enquired as to whether arrangements for the payment of the ransom had been made. Ravi Verma told him that he was in the process of collecting the money on which the kidnapper once again threatened that in case the money was not paid, the boy would be killed. At 7.00 p.m. Ravi Verma received yet another call from the kidnapper on his landline number aforementioned, asking him to activate his Mobile but Ravi Verma told him that he was not carrying his Mobile at that moment. The kidnapper also told Ravi Verma that the police, including the SSP, Hoshiarpur had visited his house and that if this was repeated, the boy would be done to death. Ravi Verma, however, told the kidnapper to reveal the place where the ransom could be delivered and was told that this information would be given later on phone. Ravi Verma again received a call on his landline from the kidnapper asking him to switch on his Mobile and on which the kidnapper called him on the Mobile and told him that there was great panic all over the town after the kidnapping and that this would have serious consequences on his son. Ravi Verma, however, assured the kidnapper that he had no concern with the activity and that he was only interested in securing his son. No call was thereafter received from the kidnapper. The cassette on which the conversations had been recorded on the landline was handed over by Ravi Verma to S.I. Jiwan Kumar and on a replay of the tape, the conversation was clearly audible and was heard by the police. During the course of the investigation, it transpired that appellant Vikram Singh @ Vicky had visited Naresh Sharma (PW-3) who was the father of Mukul Sharma, at about 7 or 7.30 a.m. on the 14th February, 2005 and had requested for the loan of his car as he wanted to go to Jahankhelan. Naresh Sharma accordingly loaned his Alto Car PB-07-M-5023 to Vicky. Vicky parked his motorcycle inside Naresh Sharma's house and drove off in the car but returned it at about 10 or 10.15 a.m. the same day. Naresh Sharma's statement was recorded by the Magistrate under Section 164 of the Cr.P.C. on 21st February 2005 as his car was suspected to be used in the commission of an offence. The police also recorded the statement of Baljeet Kumar Saini (PW13) at about 11.15 p.m. on 14th February 2005 to the effect that an Alto car of grey colour had been parked at 8.30 a.m. in his locality while he was near the main gate of his house awaiting the arrival of a rickshaw to carry children to their school and that he had noticed that the appellant Vikram Singh was sitting on the driver's seat and that in the meantime Abhi Verma had arrived with the appellant Jasvir Singh and the two had got into the rear seat whereafter Vikram Singh had driven towards the DAV school. During the investigation, it further came to light that a few minutes later, that is at about 8.40 a.m., Satish Kumar (PW 19) who owned a shop called New Deluxe Bakers and Confectioners situated at Shimla Pahari Chowk had heard a cry of anguish (Bachao Bachao) while standing outside the shop and on looking that side had seen an Alto Car of silver grey colour without a number plate coming from the side of DAV school at a very high speed and a human foot protruding out of the car window. This information was immediately conveyed to the police on telephone. It further came out during the investigation that one Amit Chohan (PW24), a relative of the complainant Ravi Verma, while was on his way to Kartarpur heard the news on the TV about the kidnapping and decided to return home to Hoshiarpur via Kishangarh and Adampur and as he reached village Daulatpur he saw a Chevrolet Car of black colour and a motorcycle of silver colour parked on the road side and while driving by the car he heard a whispered conversation, and on the next day came to know that Abhi Verma had been murdered and the dead body had been found lying in the fields of village Daulatpur. It also transpired from the investigation that Vikram Singh on the motorcycle (Ex.P5) and Jasvir Singh and his wife Sonia appellant in the Chevrolet Car (Ex.P3) were seen driving on the Jalandhar road and they were duly identified by Amit Jain (PW18). The police also received secret information that the appellants were, at that moment, hiding in a house owned by one Darshan Kaur (father's sister of accused Jasvir Singh) a NRI, situated in Mohalla Milap Nagar, Hoshiarpur on which a police party headed by SI Jiwan Kumar accompanied by Manohar Lal (PW30) raided the house and on going inside the drawing room, found Vikram Singh and Jasvir Singh present there. Seeing the police, they attempted to run away but were over powered and arrested. The police also found Sonia in the backyard hurriedly pouring Alcohol on some clothes and attempting to set them on fire. She too was arrested and the clothes which had been partly burnt, were recovered. The police also found several half burnt articles including a school bag with books and on a search of the house a pair of black shoes, a belt, an iron karra, a sim card of Mobile No. 9814783418 and a bottle of chloroform with some material which too were taken into possession. The police also secured the services of (PW25) a finger print expert, who lifted the finger prints from several items, which were sent to the forensic laboratory for comparison. The police also took into possession a Hero Honda (Karizma) motorcycle bearing a temporary No. PB-07 P 200 belonging to Vikram Singh. Jasvir Singh was interrogated and he disclosed that the dead body of Abhi Verma had been carried in his Chevrolet Optra Car B-08 (T)-AL-1718 to a field near village Daulatpur and that he could get the same recovered. Similar statements of Vikram Singh and Sonia were also recorded. The appellants then led the police to the specified place whereafter the naked dead body of Abhi Verma wrapped in a bed sheet, was recovered. The appellants also revealed the whereabouts of the Alto and Chevrolet Optra cars. The Alto car was recovered from the residence of Naresh Kumar Sharma (PW), its owner. The finger print experts PWs. Gurdip Singh and Kashmir Singh also lifted some finger prints from the car which too were sent to the forensic laboratory. The police party then proceeded to katcha tobba where the Chevrolet car was found parked in front of the residence of one Subhash Kapoor and this too was taken to possession and examined by the two linger print experts. The police also recovered a pass port size photograph of Abhi Verma and two applications for the grant of leave by Abhi Verma from the car and these were taken into possession. In addition the police found a black coloured pouch with the label of Capital Bank containing visiting cards of Jasvir Singh. All the articles aforesaid were duly sent to the forensic laboratory for examination. The post mortem on the dead body was carried out by Dr. Mrs. Gurinder Chawla alongwith a team of two Doctors at about 2.30 p.m. on 15th February 2005 but no conclusive report as to the cause of death was given but after the report (Ex.PZZ) of the Chemical Examiner was received, the Doctors opined that the cause of death was chloroform and pentazocine poisoning. The Doctors also explained that pentazocine was the chemical name for the drug sold under the trade name 'Fortwin'. During the course of the investigation, the police also ascertained that the sim card bearing No. 9814783148 had been sold to appellant Jasvir Singh from a dealer M/s Telecom Bullowel owned by Jasvir Singh PW. The call print out of the aforesaid Mobile telephone was also obtained from the service provider, Airtel. On the completion of the investigation, a charge-sheet was filed against the three appellants and a charge was framed against them under Sections 302, 364A, 120B and 201 of the IPC and as they pleaded not guilty, they were brought to trial. In their statements under Section 313 of the Cr.P.C. the appellants pleaded false implication. Appellant Jasvir Singh and his wife Sonia also pleaded an alibi and claimed that they had been present at Amritsar in the clinic of Dr. Daljit Singh so that the latter could get treatment for her eye problem. They also produced, amongst others, Dr. Daljit Singh as a defence witness.

(2.) The Sessions Judge, Hoshiarpur on an analysis of the evidence, all circumstantial in nature, observed that the chain of circumstances was complete and that there was no room for doubt with regard to the guilt of the appellants. He also observed that as the present matter was a case of ransom and a young person had been done to death, the appellants deserved no mercy and accordingly identifying the case as being in the category of the "rarest of the rare", convicted them for offences punishable under Sections 302, 364A, 201 and 120B IPC and sentenced them to death. The proceedings were thereafter submitted to the Punjab and Haryana High Court for confirmation of the sentence, as provided under Section 366 of the Code of Criminal Procedure. The High Court by its judgment dated 30th May 2008 accepted Murder Reference No. 1 of 2007 and confirmed the death sentence. Resultantly, Criminal Appeal No. 105-DB/2007 filed by the appellants was dismissed. It is in this background that the matter is before us after the grant of special leave.

(3.) Mr. A. Sharan, the learned senior counsel for the appellants has made his submissions under three broad heads; one, that the chain of circumstances and the links in the prosecution evidence were not complete, the moreso, as all the witnesses were not only chance witnesses but also related to or associates of Ravi Verma, second that the recoveries made at the instance of the appellants under Section 27 of the Evidence Act could not be taken into evidence as it was the case of the prosecution itself that the appellants had been taken into custody at about 8 p.m. on 15th February 2005 whereas the recoveries had been made on 14th February 2005, and that in any case there was absolutely no evidence to suggest Soma's involvement in the kidnapping or the murder and that her case would, at its worst, fall under Section 201 of the IPC as an attempt to destroy evidence, and finally the death sentence was not warranted as the case was based exclusively on circumstantial evidence and did not fall in the category of the rarest of the rare case.