DALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Daljit Singh son of Dilbagh Singh has filed this appeal against the judgment of conviction and order of sentence dated 29.7.2008 passed by Additional Sessions Judge, Jalandhar, convicting him under Sections 302/201/364 IPC and sentencing to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default of payment of fine, to further undergo RI for one year under Sections 302 and 364 IPC each and to undergo RI for three years and to pay a fine of Rs.1,000/-, in default of payment of fine to further undergo RI for six months under Section 201 IPC, in Sessions Case No.89 of 2006, arising out of FIR No. 176 dated 5.4.2006 under Sections 302/201/364 IPC, Police Station Sadar, Jalandhar. All the substantive sentences were ordered to run concurrently.

(2.) The prosecution story, in brief, is that Harshdeep Singh son of Kashmir Singh-complainant, aged about 15 years, was a student of 7 th standard. On 4.4.2006 at about 8.30 p.m., Harshdeep Singh went to the room of one Billa, who was a tenant of Dilbagh Singh, for watching television but did not turn up. The complainant enquired about Harshdeep Singh from the wife of Billa. She replied that after watching television, Harshdeep Singh had left her house. Billa was not present in the village on the intervening night of 4/5.4.2006 and on 5.4.2006. The complainant suspected that Harshdeep Singh might have been abducted by Billa, who was selling masalas and kabar etc.

(3.) On 5.4.2006 at about 6.40 p.m., complainant received a telephone from Ludhiana on his Mobile Phone No.9217789774 from land line Telephone No.0161-5042633 and was directed to arrange Rs.25-30 lacs if he wanted his son back. He was also threatened not to report the matter to the police. After receipt of telephone message, the matter was brought to the notice of Jagjit Singh son of Arjan Singh, resident of his village. After that, complainant along with Jagjit Singh went to lodge a report. A police party headed by Inspector Nirmal Singh, SHO, PS Sadar, Jalandhar, met them near Pathankot Chowk. The statement of Kashmir Singh, complainant, Ex.PG, was recorded, who signed the same in token of its correctness. The statement was attested by Jagjit Singh. After making endorsement at 9.00 p.m. on 5.4.2006, the statement was sent to the police station, on the basis of which, formal FIR, Ex.PG/1, was recorded.