SUKHDEV AND ORS. Vs. STATE U.T., CHANDIGARH

JUDGEMENT

(1.) Challenge in the bunch of appeals in hand is to the judgment of conviction dtd. 14/9/2016 and order of sentence dtd. 16/9/2016 passed by learned Addl. Sessions Judge, Chandigarh, vide which all the appellants were held guilty and convicted for the commission of offences under Ss. 364-A, 120-B, 395 read with Sec. 397 IPC, 342, 411 IPC. Besides the aforesaid, one of the appellant, namely Anil was also convicted under Ss. 474 and 471 IPC. The detail of sentencing of all the appellants is herein given:-

(2.) The background facts in nutshell are as herein given:-

(3.) On 2/4/2012, Navneet Singh Chatha, son of owner of the house came to Chandigarh. On 9/4/2012, after taking meals, at about 3.00 p.m., Navneet Singh Chatha had gone somewhere in his Honda Accord car bearing registration No.CH-03X-6271 of white colour and did not return back to his house till night. At about 2:00 a.m., Amit Kumar received a call from Navneet Singh @ Romi on his mobile No.9988007773 that he is sending some persons to him and asked him to hand over the money lying in the almirah in his room. After sometime, Amit Kumar again received a phone call from Navneet Singh that the said persons were standing outside the house and to open the door. On opening of the main gate, Amit Kumar found two young boys standing outside and one of them had earlier come to meet Navneet. As per the directions of Navneet Singh Chatha, he handed over the money to those boys. After the arrival of the police, in pursuance of the information passed on to the police on 10/4/2012 by Gurneet Singh Chatha, statement of Amit Kumar was recorded, on the basis whereof, FIR was registered. Thereupon, a special investigation team was formulated. During the course of investigation, in pursuance of the secret information, the police had visited the area of Village Chibba, District Kurukshetra, Haryana. Initially, one accused namely Nitin was intercepted, while in Swift Dezire car bearing No.HR-14H-2873 and on interrogation, Nitin disclosed about there to be five other persons hidden in one tubewell and Navneet Chatha was also there. The said Swift car was recovered from his possession. The tubewell so disclosed was raided where from, other accused were also rounded off. At first instance, the police intercepted three occupants of the Honda Accord bearing registration No. CH-03X-6271. Anil Kumar was on the driver's seat and on the adjoining seat, Sanjeev was sitting and Sukhdev was on the rear seat. They had attempted to flee but they were apprehended by the police. Anil had raised voice alarming his companion Pardeep that police had reached. Aforesaid Pardeep fired on the police party from inside the room and police had also fired in retaliation, in order to apprehend the kidnappers and to rescue the victim. After successful operation, Pardeep and Ajit were apprehended and victim Navneet Chatha was rescued safely. One .32 bore pistol and some cash amount was also recovered. Even, separate FIR No.18 dtd. 10/4/2012 under Ss. 307, 148, 149, 342 IPC and Sec. 25 of the Arms Act was also registered against the accused except Nitin. Even the cloth strings with which Navneet was tied, were also taken into police possession. Navneet Singh Chatha had also disclosed to the police party about having over heard the conversation between the accused persons about they were having plan to kill him after injecting certain medicine. On further search of the tubewell, nine injections and five syringes were also found and taken into custody. Besides cash amount, passport of Navneet Singh Chatha was recovered During the course of investigation, Amit Kumar identified Anil and Sanjeev to be the same persons, who had collected money from the house. Even, ownership of Swift car bearing registration No.HR-14H-2873 was got verified and it was found to be having fake number. Also, it came further in the investigation about the said Swift Dezire car to have been snatched at gun point by the accused persons from Sector-5, Panchkula, relating to which, separate FIR had been registered. The registration number, which was displayed on the Swift car, at the time of interception of Nitin, was found to be of one Eicher Tractor. Thereupon, addition of offences under Ss. 411, 468, 471, 473 and 474 IPC was also made. Statement under Sec. 164 Cr.P.C. of the victim was recorded.