RAM PARSHAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Since common questions of law and facts are involved in these appeals, i.e. CRA-D-438-DB of 2004 and CRA-D-784-DB of 2005, therefore, these are taken up together and being disposed of by a common judgment.

(2.) These appeals are instituted against the judgment and order dated 09.12.2003, rendered by learned Additional Sessions Judge, Ludhiana. Appellants Ram Parshad, Vinod Kumar and Krishna were charged with and tried for the offences punishable under Sections 302/364/201/34 IPC. Appellant Ram Parshad was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 302 IPC. He was also convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/-, and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 201 IPC. Appellants Vinod and Krishna were convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each, and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 302 read with Section 34 IPC. They were also convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 2,000/- each, and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 201 IPC. All the sentences were ordered to run concurrently.

(3.) The case of the prosecution, in a nutshell, is that Sat Pal (PW.1) got his statement recorded on 30.11.1999. According to the averments made in the complaint, they were two brothers. His elder brother Inder Pal alias Raju was residing in Ludhiana for the last about 15 years. Inder Pal alias Raju was owner of a three wheeler. Inder Pal alias Raju was residing as a tenant in the house of Ram Parshad in a room at Bhattian Colony, Ludhiana, for the last about 11 months. On 20.11.1999 at about 11.00 AM, he along with Mathura Parshad went to meet Inder Pal. Ram Parshad, his wife Krishna and his son Vinod Kumar met him. He talked with them about the marriage of Savita with Inder Pal. They told him that they were going to their relative to talk about this and they would tell their decision in the evening. In his presence and in the presence of Mathura Parshad, his brother Inder Pal was taken by Krishna and Vinod Kumar in three wheeler of his brother. Ram Parshad drove the three wheeler. On the next day, he along with Mathura Parshad again went to the house of Ram Parshad to know about the decision of marriage. Ram Parshad, Krishna and Vinod accepted the proposal. The complainant enquired about his brother Inder Pal. However, they could not reply satisfactorily. The three wheeler of his brother was also not there. The room of his brother was lying locked. He suspected that his brother Inder Pal was kidnapped by Ram Parshad, Krishna and Vinod on 20.11.1999 with intention to kill him. Neither his brother nor his three wheeler was traceable. The investigation was completed and challan was put up after completing all the codal formalities.