BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment will dispose of Criminal Appeal Nos. 559-DB of 1995 and 148-DB of 1996, as both the appeals have arisen out of the order dated October 17, 1995 passed by the Additional Sessions Judge, Jagadhri, whereby all the appellants have been convicted under Sections 364- A/120-B, 364/120-B, 387/120-B, 363/120-B, 506/120-B and 342/120-B, Indian Penal Code. Under Section 364-A/120-B, I.P.C., all the four accused- appellants have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 200/- each. In default of payment of fine, the accused have been directed to undergo further rigorous imprisonment for three months. Under Section 364/120-B, I.P.C., all the accused have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 200/- each. In default of payment of fine, they have been ordered to undergo further rigorous imprisonment for three months. For the offence punishable under Section 387/120-B, I.P.C., all the accused have been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 200/-, each. In default of payment of fine, they have been ordered to undergo further rigorous imprisonment for three months. For the conviction under Section 363/120-B, I.P.C., the accused have been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200/-. In default of payment of fine, they have been directed to undergo further rigorous imprisonment for three months. With regard to the conviction under Section 506/120-B, I.P.C., all the accused have been sentenced to undergo rigorous imprisonment for two years each. Under Section 342/120-B, I.P.C., the accused have been sentenced to undergo rigorous imprisonment for one year. All the sentences of imprisonment have been ordered to run concurrently.

(2.) THE first information report in this case has been lodged on the complaint dated December 26, 1994 addressed to the S.H.O., Police Station City, Yamunanagar, made by Satbir Singh Mittal (P.W.5), whose son Tarun Mittal, aged 12 years, who was a student of 7th Class, was missing from December 25, 1994. According to the complainant, at about 3 P.M. on December 25, 1994, Tarun Kumar had gone to see his friend Arun Kumar, after telling his mother Smt. Saroj that he would come back after 2/3 hours. Tarun did not come back till late night. Search was made. Ultimately, some foul play was suspected. Description of Tarun was mentioned in the complaint. The case was registered and investigated. The complainant received various telephone calls and ransom was demanded for the release of his son. One of the talks was also tape recorded by the complainant. First of all a demand for a ransom of Rs. 25 lacs was made. After that a sum of Rs. 6 lacs was demanded. Ultimately, when the third call was received in the evening of December 26, 1994, the ransom amount was settled at Rs. 2,00,000/-, which was to be paid at Karan Park in Karnal on December 27, 1994 at 12 noon. A raid was organised by the Police and the complainant reached the Karan Park, Karnal, along with the ransom amount. When the complainant handed over the bag containing the currency notes to Krishan Kumar accused the Police Party, which was in civil dress, immediately rushed to the spot and apprehended the accused. The other accused, namely, Naresh Kumar alias Kapil made good his escape. Tarun Kumar was recovered from near the Bus Stand, Pundri, from the custody of Atul Chaudhry alias Arun Kumar, on the basis of the interrogation of Krishan Kumar accused. The kidnapped boy Tarun Kumar told that he was kept in a house at Kaithal. The said house was raided and on the pointing out of Tarun Kumar, Balwant Singh accused, who was stated to be the ring leader, was arrested therefrom. On the completion of the investigation, challan was presented before the Court.

(3.) IN order to prove its case, the prosecution examined Vinod Kumar (P.W.1), Pankaj Tyagi (P.W.2), Balbir Singh (P.W.3), A.S.I. Onkar Singh (P.W.4), Satbir Singh (P.W.5), Satyawan (P.W.6), Inspector Om Parkash (P.W.7), Kultar Singh (P.W.8), Inspector Shiv Ram (P.W.9), S.I. Sumer Chand (P.W.10), and Tarun Kumar Mittal (kidnapped boy) appeared as P.W.11.