RANJYOTSINGH GURUDAYALSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant and his coaccused, Dharmendra Ratansingh Walmiki were convicted on 4th October 2004 by the Additional Sessions Judge, Mumbai of offences under Section 302 read with Section 34 of the Penal Code. They have been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5,000/and in default, to suffer further rigorous imprisonment for a period of one year. The Appellant before the Court, Ranjyotsingh Gurudayal Singh, was arraigned as Accused No.1.

(2.) The deceased, Kuljinder Singh, resided at Jama in the district of Hoshiarpur in Punjab. Kuljinder Singh was found dead in Room 303 at Hotel Yatree at Santacruz (East), Mumbai, on 15th February 2001. The body of the deceased bore as many as eighteen incised wounds on vital parts.. The case of the prosecution is that between fifteen to twenty days prior to the incident, the Appellant visited the residence of Dharamsingh Keharsingh Sandhu (PW 8) who was the father of the deceased together with another person by the name of Harpalsingh and informed him that they were arranging to send Kuljinder to England. Kuljinder at the material time was a student of the B.A. Degree Course. According to the prosecution, the father of the deceased was informed that the Appellant was an agent who was engaged in making arrangements for sending Indians abroad. The Appellant thereafter visited the house of the deceased frequently and is alleged to have demanded money, stating that the work of obtaining a passport for Kuljinder was in progress. PW 8, the father of Kuljinder, is alleged to have parted with a sum of Rs.3,42,000/to the Appellant on 11th February 2001. The Appellant is alleged to have informed him that the balance would be recovered after PW 8 received a telephonic communication from Kuljinder of his arrival in the U.K.

(3.) It has been alleged that on 12th February 2001, the Appellant together with the Second Accused came to the residence of PW 8 and enquired as to whether Kuljinder was ready for departing. PW 8 accompanied his son, the Appellant and the other accused to Delhi by bus. The party is alleged to have reached Delhi at 5 p.m. and to have proceeded thereafter to the international airport. The Appellant is alleged to have informed PW 8 that there were other persons in the batch who were to proceed abroad and that the entire batch would be departing from Mumbai at 4 a.m. on 15th February 2001. PW 8 thereupon returned to his village with the assurance of the Appellant that he would be informed after Kuljinder had departed from Mumbai. On 13th February 2001, PW 8 received a telephone call at 8 p.m. from his son informing him that he would depart from Mumbai on 15th February 2001. PW 8 is alleged to have received a call on 17th February 2001 informing him that Kuljinder had reached England and that the balance of the amount should be paid over to the Appellant. A few hours thereafter, the Appellant made a telephone call to PW 8 informing him that Kuljinder had reached England and that his relatives should be called upon to find a suitable job for him. PW 8 was informed that Kuljinder had made a telephone call from a Gurudwara in Birmingham. According to the case of the prosecution, PW 8 received a telephone call from a person who claimed to be his son. The voice was, however, not that of Kuljinder.