PARAMJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The case of the prosecution is that on 28.01.1997, Rajinder Singh son of Labh Singh was going to Manimajra from Barwala in jeep bearing registration No. DL-4C 9976. When at 12 noon, he reached near kotvilla bridge, a van of blue colour crossed him and stopped in front of his jeep. There were five occupants in jeep, namely Paramjit Singh, Gurdial Singh, Ashok Kumar, Aflatoon and driver Sarman Bahadur (appellants herein). They gave beatings to Rajinder Singh and took him to Chandigarh. When he reached near Kotvilla bridge, one Amar Singh, who was going on scooter signaled him to stop and then a van had crossed him. Meanwhile, a van crossed him whose registration number was CH 012 0272. At Chandigarh, Rajinder Singh was taken to House No. 209-A, Sector 29, a government house occupied by Paramjit Singh (appellant No.1) and was given severe beatings by all the five appellants, who also forced him to drink half bottle of liquor, that he did not consume.

(2.) It is further the case of the prosecution that all the appellants had poured liquor in the mouth of Rajinder Singh but he did not consume the same. Someone had informed the police and a police party reached at the spot. On medical examination 13 injuries were found on the person of Rajinder Singh. On seeing the police party all the appellants ran away. He (Rajinder Singh) also came out of the room and police met him and his statement Ex.PA was recorded by the police, that was read over and explained to him. From police station, he (Rajinder Singh) was taken to General Hospital, Sector 16, Chandigarh, where he was medically examined. Since the occurrence had taken place in the State of Haryana, he was sent to Police Station Chandimandir along with a Constable, where formal FIR Ex.PE was recorded on the basis of statement Ex.PA of Rajinder Singh. Before, he (Rajinder Singh) went to Police Station Chandimandir, Amar Singh had already lodged the FIR. On 24.01.1997, Paramjit Singh (appellant No.1) came to his house in an inebriated condition. He asked him to leave him Chandigarh. When he brought out his jeep to leave him Chandigarh, when he was present outside his house, Paramjit Singh (appellant No.1) went inside the house to make telephone call. His wife was present inside the house. Paramjit Singh (appellant No.1) caught his wife and also grappled with her. A Panchayat was convened, where Paramjit Singh (appellant No.1) had tendered written apology.

(3.) In the Panchayat, brothers of Paramjit Singh (appellant No.1) namely Gurdial Singh (appellant No.2) and Jarnail Singh had undertaken that no such incident shall be repeated in future. To take revenge of that incident, Rajinder Singh was abducted on 28.01.1997. On 29.01.1997 jeep was recovered from the house of Paramjit Singh (appellant No.1) by the police in the presence of Rajinder Singh and Amar Singh vide memo Ex.PB, that bears his signatures. Rajinder Singh accompanied the police party in search of the appellants and went to different places. The van was not recovered in the presence of Rajinder Singh. However, he was called in the police station to identify the van.