SUKHMEET SINGH @ DEPUTY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of Crl. Appeals No. D -799 -DB of 2011, D -796 -DB of 2011, D -890 -DB of 2011, D -894 -DB of 2011, D -973 - DB of 2011 and D -1085 -DB of 2011, filed by accused/appellants Sukhmeet Singh @ Deputy, Jatinder Singh, Harpreet Singh, Surinder Singh @ Manga, Jasvir Singh @ Jassi and Harpal Singh @ Chhota respectively, challenging the judgment and order dated 4.8.2011, passed by learned Additional Sessions Judge, Fast Track Court, Jalandhar, vide which accused/appellants have been convicted under Section 364 -A of the Indian Penal Code (in short 'IPC') and sentenced to undergo rigorous imprisonment for life each and to pay fine of Rs. 1,000/ - each, in default thereof, to further undergo rigorous imprisonment for six months each. Accused/appellants have also been convicted under Section 120 -B IPC and sentenced to undergo rigorous imprisonment for three years each and to pay fine of Rs. 200/ - each, in default thereof, to further undergo rigorous imprisonment for three months each. Accused/appellants have also been convicted under Section 395 IPC and sentenced to undergo rigorous imprisonment for seven years each and to pay fine of Rs. 500/ - each, in default thereof, to further undergo rigorous imprisonment for six months each. Accused/appellants have also been convicted under Section 471 IPC and sentenced to undergo rigorous imprisonment for one year each and to pay fine of Rs. 200/ - each, in default thereof, to further undergo rigorous imprisonment for three months each. Accused/appellant Sukhmeet Singh @ Deputy has also been convicted under Section 412 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 500/ -, in default thereof, to further undergo imprisonment for six months. Accused/appellant Harpal Singh @ Chhota has also been convicted under Section 25 of the Arms Act in FIR No. 14 and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/ -, in default thereof, to further undergo rigorous imprisonment for six months. All the sentences have been directed to run concurrently.

(2.) THE present case was registered on the basis of secret information received by Satish Kumar, Station House Officer, Police Station Noor Mahal, on 11.1.2008 (Ex.PX), in which it was recorded that an informer had informed the SHO that on 9.1.2008, at about 10:00/11:00 AM, four persons riding in a milky colour Honda City car kidnapped one boy Gagan Mahendru son of Subhash Mahendru, resident of Mota Singh Nagar, Jalandhar, on the road leading from Jandiala to Jalandhar from a place near Preet Palace at pistol point. It might be possible that the kidnapping had been made with intention to demand ransom. Since the information was credible, FIR No. 10, dated 11.1.2008, under Sections 364, 364 -A/34 IPC and Section 25/27 of the Arms Act was registered at Police Station Noormahal.

(3.) ON 12.1.2008, police approached Gagan Kumar and recorded his version under Section 161 of Code of Criminal Procedure (in short 'Cr.P.C.'). Gagan Kumar disclosed that he alongwith his father is doing the business of real estate. About 15/20 days back, he received a telephonic call from a person, who told him that they are sitting in his office and wanted to show him property measuring 21/2 killas, situated in Jandiala, which stands in the name of his aunt (mausi), who is living in a foreign country. Gagan Kumar replied to the caller that they may contact his father, on which the caller replied that they are not able to contact his father on phone. Therefore, they have contacted him. Upon this, Gagan Kumar told him that he would fix a programme to see the property. Next day, Gagan Kumar received a phone call, asking him to fix a date for the meeting. Then, Gagan Kumar asked them to meet him next day at 9:00 AM. Next day, Gagan Kumar alongwith his friend Chetan Chopra reached the scheduled place outside Taj Hotel near Baradari (Jalandhar City). Then, three persons wearing caps came in an Innova car, which they parked adjacent to the car of Gagan Kumar and asked both of them to sit in their car. As Gagan Kumar refused to sit with them, two persons boarded his car and sat on the rear seat of their car. Then, they showed them the site of colony adjacent to the Preet Palace. He (Gagan Kumar) was further told by the said persons that their aunt (mausi) will arrive within 3/4 days. They demanded Rs. 7 lacs per acre and demanded a total sum of Rs. 80 lacs. After seeing the property, his (Gagan's) friend Chetan Chopra had offered the said persons to drop them at their house, but they refused and alighted near Jandiala bank. Thereafter, several times, Gagan Kumar received calls from the said persons on his mobile. Gagan Kumar also kept calling them on the same number in connection with the deal of the said property. However, he (Gagan Kumar) was told by the said person that his wife is pregnant. Later on, Gagan Kumar was told by the said person that his wife has given birth to a baby boy and as such, they were celebrating and they also invited Gagan Kumar to join the party. Gagan Kumar refused as his son was sick and was admitted in the hospital.