SATPAL ALIAS SATTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant faced trial on the charges under Sections 364 and 302 of the Indian Penal Code ( for short "IPC") and was convicted thereunder. The learned trial Court awarded the appellant sentence of imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo further rigorous imprisonment (RI) for three months under Section 302 IPC. He was also sentenced rigorous imprisonment for seven years and to pay a fine of Rs.2000/-, in default to further undergo RI for two months for offence under Section 364 IPC. Both the sentences were to run concurrently.

(2.) The version of prosecution is that on 01.01.2005 Ashok Kumar and his real brother Surinder Kumar were present near Sekhri Petrol Pump, G.T.Road, Batala at about 1.00 pm. They saw two youths riding on motor cycle No.PB.18F-8622 of Ankit Kumar from Batala side. Ankit Kumar was sitting in between those youths, on the motor-cycle. On seeing his father and uncle, Ankit Kumar cried for help but the culprit sitting behind the victim put his hand on the mouth of Ankit Kumar. Ashok Kumar and his brother came forwarded to rescue Ankit kumar but the culprits fled from there on the motor-cycle towards Amritsar side with an intention to kill the victim. Statement Ex.PD of Ashok Kumar for the said incident was recorded by Inspector Varinder Singh at 3.00 pm on that very day. First Information Report (FIR) Ex. PD/2 on that basis was registered in the Police Station at 3.40 p.m. and it was delivered to the duty Magistrate at 6.15 p.m. on 01.01.2005 itself as per endorsement of the Magistrate on the copy of FIR.

(3.) Ashok Kumar complainant recorded his supplementary statement to the Police on the same day that he owns Foundry in the name of Ankit Kumar (deceased) near old octroi post on BatalaAmritsar Road and was carrying on business as a scrap dealer there. He was very much perplexed on seeing his son being abducted. In fact his son Ankit Kumar was abducted by only one culprit, who was pillion rider on the motor-cycle of the deceased. He further stated that Ankit Kumar had carried a mobile phone No. 93575-85721 of Reliance company, while he left home in the morning. The complainant also tried to talk to his son on mobile phone, but could not connect him.