PARDEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants have assailed the judgment of conviction and order of sentence dated 28.01.2009, passed by the learned Sessions Judge, Jalandhar, in Session Case No. 12/2006, Sessions Trial No. 06 of 2009, emanating from FIR No.198 dated 06.06.2006, under Sections 302, 364 and 201 of the Indian Penal Code ('IPC' for short) of Police Station Nakodar, whereby, they were convicted for commission of offences punishable under Sections 302 and 201 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for two years, for the commission of offence punishable under Section 302 IPC, to further undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each for commission of offence punishable under Section 201 IPC. However, vide impugned judgment, they were acquitted of the offence punishable under Section 364 IPC. Case of the prosecution is that Mangat Rai (deceased) was running shop for the sale of televisions and refrigerators etc. in bus stand Mehatpur, Nakodar and had employed Sandeep Sengal (deceased) as his driver. Both went missing on 05.06.2006. When Gagan Banger, complainant son of Mangat Rai came to the shop, he was told by the shop keepers of adjacent shops that his father and Sandeep Kumar had been abducted in a motor car make Opel Kores bearing registration No. PB-67- A-0558, belonging to Dilbagh Singh, a friend of his father, by some unidentified persons. Complainant and his relatives kept on tracing them, but could not get any clue. On 06.06.2006, complainant Gaggan Banger made written application EX.PA, before Rupinder Singh, ASI, who after making his endorsement Ex.PA/1, thereon, sent the same to Police Station Nakodar, where, formal FIR Ex.PA/2 was recorded under Section 364 IPC by Surjit Singh, ASI, on the basis of application Ex.PA. Rupinder Singh, ASI went to the place of occurrence and prepared site plan Ex.PJ, in respect, thereof, with correct marginal notes after spot inspection. On 07.06.2006, Chain Singh (PW1) was present in his house, where both the appellants alongwith Manjit Singh (since deceased) came to him and disclosed that on 05.06.2006, they had kidnapped Mangat Rai and his driver Sandeep Kumar and they took them to the kothi of Mangat Rai, situated at Jalandhar, where they killed both of them and, thereafter, took their corpses to the State of Himachal Pradesh, where, these were thrown in gorges. They requested Chain Singh to produce them before the police and he asked them to come on the next day, but, thereafter, they never came to him. Statement of Chain Singh under Section 161 of the Code of Criminal Procedure ( 'Cr.P.C' for short) was recorded on 08.06.2006 by the police.

(2.) On 09.06.2006, Sukhdev Singh, SI received secret information that both the appellants were sitting in bus stand of Nangal Jiwan.

(3.) Thereupon, he accompanied by Harvinder Singh, ASI, Paramjit Singh, ASI and other police officials went there, and on the way, joined Lal Chand in the police party. On the identification of Lal Chand , Sukhdev Singh. SI arrested both the appellants and interrogated them. During interrogation, Pardeep Kumar appellant suffered a disclosure statement Ex.PK to the effect that he alongwith his wife Anita appellant and Manjit Singh abducted Mangat Rai and Sandeep Kumar on 05.06.2006, took them to Kothi No. 114 situated in Udhey Nagar, Jalandhar and murdered them there. Later, their corpses were thrown in different gorges in the State of Himachal Pradesh and only, he had the knowledge about the places where those corpses were thrown and could get those recovered.