MOHAMMAD SADIQ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 30.3.2013 passed by Sh. Rajiv Kalra, Additional Sessions Judge, Pathankot, vide which the accused-appellant was convicted under Section 364 IPC and sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for 6 months.

(2.) The brief facts of the case, as enumerated from the record is that on 21.9.2005 the police party led by SI Kashmiri Lal was present at Lighta Wala Chowk and the police party was approached by Seeta Ram Mahajan. Seeta Ram Mahajan made the statement to the police party that the he has retired as Assistant Engineer from Public Health Department. He has two daughters and one son namely Raman Kumar. His son was aged around 33 years and was a government contractor. On 21.09.2005, the said Raman Kumar at about 12.30 p.m. went to Saharanpur near Taragarh on his maruti car No. PB-35-B-6667 in connection with his work. At about 2.00 PM the elder brother of Seeta Ram Mahajan received a telephonic call from Raman Kumar and he apprised his uncle that he had threat to his life. Raman Kumar asked his uncle to arrange Rs.30 lakhs otherwise he would be done to death and he was kept in a captivity by some unknown persons. The said Baij Nath apprised Seeta Ram Mahajan at around 5/6 p.m. when Seeta Ram Mahajan went to Aggarwal Bhawan, Dhangu road, Pathankot. The complainant accompanied by his brother proceeded to report the matter to the police.

(3.) After recording statement of Seeta Ram Mahajan, a formal case under Section 364 IPC was registered. SI Kashmiri Lal informed the then SHO PS Division No. 1 Pathankot. A police party led by the then SHO reached at the place and started investigation. In connection with this case, a meeting was called by SP Pathankot of all Station Head Officers of the Police Stations. SHO PS Division No.1 Pathankot as well as, Inspector Sukhwinder Singh, Incharge CIA Staff Pathankot were entrusted with the task to accompany complainant in civil dress. They were to visit the place where the kidnappers had asked the complainant to keep demanded money. The complainant kept the money bag at the place disclosed by the kidnappers and after sometime two kidnappers came there and tried to pick the bag. Those kidnappers were challenged by SHO PS Division No.1 and Inspector Sukhwinder Singh. Those kidnappers opened fire upon them with intention to kill them. An encounter took place between police party and the gang of kidnappers. As a result of the encounter, two kidnappers Rajinder Singh @ Vicky and Arun Masih died at the spot. One police official namely LC Hem Raj also received bullet injuries. The police party succeeded to get victim Raman Kumar freed from the clutches of the kidnappers. One accused Avinash Kohli was arrested and a separate case bearing FIR No. 66 of 20.9.2005 for offence punishable under Sections 307, 148, 149 IPC read with Section 25 Arms Act was registered against them.