DILBAGH SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present appeal is to an order dated 1.3.2001, convicting and sentencing the appellants for the offence under Section 364 and 34 of the Indian Penal Code (IPC) to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1000/- each.

(2.) Brief facts of the case are that a report No. 23 was lodged by Akhraj on 20.12.1999 in respect of missing of his grandson Dheeraj Kumar son of Raj Kumar. Akhraj-complainant made a statement Ex. P.A. As per his statement, Dheeraj Kumar, aged 8 years was studying in 2nd standard, Sarswati School, Ellenabad. It was pointed out that on 20.12.1999, at about 6.30 p.m Dheeraj Kumar had gone in the street in front of the house for urination but did not return even after 10-15 minutes. However, the whereabouts of Dheeraj Kumar could not be known after searching in the neighborhood. At about 8.15 p.m. they lodged a report in respect of missing of Dheeraj Kumar. Apprehension was expressed that Dheeraj Kumar might have kidnapped with the intention to kill him. The complainant-Akhraj in his statement (Ex-P.A) disclosed the identification of the boy and about the clothes which he was wearing at the time of kidnapping. A ruqa (Ex. PA/1) was sent to the police station, whereupon a formal FIR (Ex. PA/2) was lodged. On 21.12.1999, the complainant along with the other police officials made search of his grand son Dheeraj Kumar. When they reached near the Neem Ki Dhani on the Ghaggar Nali bridge, Dheeraj Kumar was found tied with an iron chain in the bushes. Dheeraj Kumar was taken into custody and was identified by the complainant. Dilbagh Singh one of the accused was arrested from the place, where the child was found. One bed containing two quits, one blanket, one chain, one kirpan was also taken into possession vide recovery memo (Ex PC). Custody of Dheeraj Kumar was handed over to grand father vide memo Ex. PD. From the place of occurrence one empty plastic bottle of liquor was also taken into possession vide recovery memo Ex. PC. During the course of investigation, Dilbagh Singh disclosed that he along with Jagtar Singh has kidnapped Dheeraj Kumar. It was on 29.12.1999 the other accused Jagtar Singh made a disclosure statement that he lifted Dheeraj Kumar from Ellenabad on 20.12.1999. On the basis of disclosure statement, one bicycle and one axe were recovered which were lying in Tooriwala Kotha. In another disclosure statement (Ex PK), suffered by Jagtar Singh, he identified the place of kidnapping and also got recovered the bicycle and axe vide recovery memo (Ex. PL).

(3.) On completion of the investigation, report under Section 173 of the Criminal Procedure Code, 1973 (for short 'Cr. P.C') was filed. Both the accused were charged for the offence punishable under Section 364 read with Section 34 of the IPC. The prosecution in support of its case examined Dheeraj Kumar as PW1 aged 8 years after being satisfied that the child was competent witness to be examined. He identified both the accused and deposed that both of them took him in the jungle and after kidnapping him from the street in front of his house. The child was recovered from the custody of the accused Dilbhag Singh in the presence of PW-2 Akhrajgrandfather. Police also proved the recovery of articles i.e. bed (Ex. P1), chain (Ex. P2), lock (Ex. P3), kirpan (Ex. P4) from the site in his presence and also the Axe and bicycle (Exs. P5 and P6). Prosecution in support of their case also examined PW3 Mohan Lal, PW4 Sat Narain, SI and PW5 Madan Lal and PW6 Chhabil Das respectively.