SURJEET SINGH Vs. STATE

JUDGEMENT

(1.) The above captioned appeal has been filed by the appellants challenging the impugned judgment and order dated 13.9.2001 convicting them for the offences punishable under Sections 342/364-A/380/384/394/506(2)/34 IPC. Co-accused Navin has been acquitted.

(2.) Navin has been acquitted for the reason the case of the prosecution against him that he was the person who withdrew Rs.15,000/- from the account of Davinder Dhawan, the person who was allegedly kidnapped, could not be proved since the witnesses from the bank failed to identify him as the person who presented the cheque for encashment; and the handwriting expert gave an inconclusive opinion with reference to the sample writings of Navin and that on the cheque in question. Surjeet Singh has been convicted on account of two gold bangles (karas) and the mobile phone of the victim being held proved to be recovered pursuant to the disclosure statement of Surjeet Singh, which articles have been held to be duly proved as belonging to the victim. Chandroop has been convicted on account of a gold mangal-sutra belonging and proved to be belonging to the wife of the victim being recovered pursuant to his disclosure statement.

(3.) Briefly stated, the case set up by the prosecution is that on 6.6.1997, at about 6:00 P.M., when Davinder Dhawan PW-2 was leaving from his office at Jet Engine Overhaul Complex at IGI Airport and was heading towards his car bearing registration No.DL-2CF-8611 parked in the parking lot, two persons were standing near the said car and requested Davinder Dhawan PW-2 to drop them near Centaur Hotel. Davinder Dhawan consented. All commenced their journey. On the way the third accused was seen walking besides the road and at behest of the two accused, Davinder Dhawan offered a lift to the third accused as well. After traveling some distance, the accused made Davinder Dhawan stop the car. The accused grappled with Davinder Dhawan and compelled him to lie down in the rear portion of the car and covered his face. One of the accused took the driver's seat and drove the car outside Delhi into some fields in Village Ghuman Khera. The accused blind folded Davinder Dhawan and confined him in a room constructed in between the said fields. They queried Davinder Dhawan about his financial capacity and accordingly demanded Rs.20,000/- from him for his release and threatened that if the said amount was not paid, they would kill him. They also gave beatings to Davinder Dhawan. When Davinder Dhawan informed them that none of his family members were in town to be able to pay the amount, the accused snatched the keys of the house of Davinder Dhawan from him and compelled Davinder Dhawan to draw up a site plan of his house i.e. house bearing No.B-9/9232 at Vasant Apartments, LIG Musoodpur, Main Road, Vasant Kunj. In the night intervening 6.6.1997 and 7.6.1997, at about 3:00 or 4:00 A.M. two of the accused visited said house belonging to Davinder Dhawan and on basis of the site plan drawn by Davinder Dhawan, stole a cheque book pertaining to the bank account of Davinder Dhawan and some jewellery items from the said house. They took the cheque book to Davinder Dhawan and compelled him to draw a bearer's cheque for whatever balance was there in his account. Thus, Davinder Dhawan drew a bearer's cheque for Rs.15,000/-. The accused further snatched a gold chain which Davinder Dhawan was wearing, Rs.2,000/- to 2,500/- cash which Davinder Dhawan was carrying at that time, and his Motorola cell phone from Davinder Dhawan. After doing so, on the persuasion of Davinder Dhawan, the accused took him to his car and let him go.