(1.) This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 01.03.2002, passed by Addl. Sessions Judge (First), Udham Singh Nagar in Sessions Trial No. 40 of 1998, whereby accused / appellants Gurudev Singh and Satpal Singh have been convicted under Section 364-A, 302 and 201 of I.P.C. Each one of them has been sentenced to imprisonment for life in respect of offences punishable under Section 364-A and 302 of I.P.C., and directed to pay fine of Rs.5,000/- each on both counts. The accused / appellants have further been sentenced to rigorous imprisonment for a period of one year and directed to pay fine of Rs.2,000/- each for the offence punishable under Section 201 of I.P.C.
(2.) Heard learned counsel for the appellants & learned Addl. Government Advocate for the State and perused the lower court record.
(3.) Prosecution story, in brief, is that on 09.03.1998, at 10:10 P.M., Sukhdev Singh (informant) gave a written report (Ext. Ka-2) in police station Sitarganj stating therein that his son Sukhdeep Singh, aged 12 years, student of Class VII in Guru Nanak Public School, Sitarganj came to his shop at 04:00 P.M. on the very day i.e. 09.03.1998 and demanded one rupee from him, which was denied to him as he was not having a currency note of denomination of Re. one at that time, but promised to give the same later. After that his son told him that he will return soon and went to his house from the shop. His school bag was found lying in front of the house. On search being made, when he was not found, Sukhdev Singh (father of the boy) gave written report of the incident to the police on the same day i.e. 09.03.1998, at 10:10 P.M. The police registered the missing report in this regard and the parents, relatives and the police made every effort to trace the missing boy, but to no avail. Meanwhile, some unknown person contacted the parents over phone, but on asking about the identity, he disconnected the phone. On 29.03.1998 at about 03:00 P.M., Sukhdev Singh handed over a letter (Ext. 1) to the police which was given to him by Ramdhani (since acquitted). After receiving said letter, police registered a case initially in respect of offence punishable under Section 364-A of I.P.C. Meanwhile, police arrested Ramdhani. Sukhdev Singh (informant) identified Ramdhani and told that he was the same person who handed over the letter to him, relating to ransom of Rs. 35,000/- in lieu of safe return of the boy. On being interrogated, Ramdhani disclosed that accused Gurudev Singh, who earlier used to work in the studio of Sukhdev Singh, with the help of his associate Satpal Singh, abducted Sukhdeep Singh alias Deepu on 09.03.1998 in the evening from his bicycle near his house. Accused Gurudev Singh was also arrested by the police. On being interrogated, accused Gurudev Singh disclosed that after adducting Sukhdeep Singh alias Deepu, he handed over the boy to Satpal Singh, who took him by bus to his residence and kept him there that night. Next day Deepu was kept in the house of accused Gurudev Singh, where on 10.03.1999, in the evening, Gurudev Singh and Satpal Singh murdered Deepu by strangulating him with the help of a piece of cloth and buried his dead body in the south-west corner in the field of Satpal Singh. Gurudev Singh's apprehension was that the boy being familiar to him might have disclosed his identity to the police, so he along with Satpal Singh murdered him on that night. Accused Gurudev Singh gave his acceptance to recover the dead body of the boy, on which P.W.6 S.I. Radhey Shyam Sharma along with Sukhdev Singh, witnesses Satyapal Singh and Paramjeet Singh got the dead body of Deepu recovered from the sugarcane field of Satpal Singh. The dead body of Sukhdeep Singh alias Deepu was identified by Sukhdev Singh and the witnesses. A recovery memo (Ext. Ka-7) was prepared. The dead body was recovered from a jute bag, and recovery memo (Ext. Ka-8) was prepared. Meanwhile, police also prepared site plan (Ext. Ka-10) of the place from where the boy was abducted, and the site plan (Ext. Ka- 11) of the place where dead body was recovered.