LAWS(SC)-1994-5-16

SUKHVINDERSINGH Vs. STATE OF PUNJAB

Decided On May 12, 1994
Sukhvindersingh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Is appeal under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter 'tada') is directed against the judgment and order of the Designated court, Kapurthala, whereby the appellants have been convicted for offences under Section 302 read with S. 149/120-B Indian Penal Code and Section 3 of TADA and sentenced under S. 302/149 Indian Penal Code to suffer imprisonment for life and to pay a fine of Rs. 5,000. 00 each and in default to undergo further rigorous imprisonment for 4 years; under Section 120-B to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000. 00 each and in default of payment of fine to undergo further imprisonment for one year and under Section 3 of TADA to undergo rigorous imprisonment for life and to pay fine of Rs. 4,000. 00 each and in default of payment of fine to undergo further rigorous imprisonment for 3 years each. All the substantive sentences were, however, directed to run concurrently.

(2.) The prosecution case is as follows: Rakesh Kumar Public Witness 2 father of deceased Varun Kumar, made a statement to the police on 16/5/1992 to theeffect that on 12/5/1992 his wife and son had gone to Phagwara earlier in the day and on their return met him at his shop in the evening at about 6.15 p. m. His son went away to play while his wife went to the house to prepare meals. She shortly returned to the shop of Rakesh Kumar Public Witness 2 bringing along with her a letter which she had picked from her house. In that letter, which was a ransom note written in Hindi, it was stated that Varun Kumar Mittal was in the custody of the persons writing the letter and that in case Rakesh Kumar wanted to see him alive, he should bring Rs. 60,000. 00 on Thursday, exactly at 10. 00 a. m. at Jalandhar Road ahead of Convent School and that he should come all alone and that in case of any mischief, his son would be lost to him and his wife for ever. The ransom letter also stated that after the receipt of money, Varun Kumar would reach either the house or the shop within half an hour and that in case he tried to inform the police he should understand the consequences. Public Witness 2 was advised through the letter to keep the matter confined between himself and his wife and not to let anybody else know about it. Rakesh Kumar Public Witness 2 acted accordingly and on 14/5/1992, around 10. 00 a. m. , went to the specified place along with the money but no one came to the spot. He then conducted search for his son but could not trace him at all and on 16/5/1992 he lodged a complaint before the police, slating therein that some unknown persons had abducted his son with intent to get some ransom and that the abductors had threatened to kill his son. A case on the basis of the complaint, FIR Ex. PB/i was registered at Police Station Nakodar for offences under S. 354/149 Indian Penal Code. The ransom letter Ex. PA was produced by the complainant before the police who took it into possession vide recovery memo Ex. PD. Subsequently, another letter Ex. PC was also received at the house of Public Witness 2 and was handed over to the police. SI Amar Singh took upon the investigation and prepared a rough site plan of the spot. Ex. Public Witness 10/a.

(3.) It is further the prosecution case that Public Witness 6, Bhajan Singh, President of Truck Union, Nakodar and Public Witness 7 Kiran Deep Dhir, secretary of BJP were approached at Patel Chowk, Jalandhar by Sukhvinder Singh son of Mohan Singh, Puran Chand and Sukhdev Paul, who told the witnesses that on 12/5/1992 at about 6.45 p. m. they had kidnapped Varun Kumar Mittal from the street while he was playing and took him to the house of Sukhvinder Singh and killed him by throttling him and have buried his body under the chaff. The three accused further told the witnesses that Sukhdev Paul wrote two letters at the instance of Sukhvinder Singh which were thrown in the portion of the house occupied by the father of deceased Varun, Rakesh Kumar Public Witness 2, on 12/5/1992 and 14/5/1992 respectively. According to the prosecution case, the accused also disclosed to the witnesses that Sukhvinder Singh had told them that he had done so at the instance of his father Mohan Singh and mother Surjit Kaur. The accused requested the witnesses to produce them before the police, since they knew the police. After the investigation of the case all the five appellants, Sukhvinder Singh, his father Mohan Singh, mother Surjit Kaur along with Puran Chand and Sukhdev Paul were challaned and prosecuted for the murder of Varun Kumar who wasliving along with his parents as a tenant in a portion of the house belonging to Sukhvinder Singh and his parents.