BALBIR SINGH @ BITTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment shall dispose of CRA No. D -13 -DB of 2009, filed by appellants Balbir Singh @ Bittu and Jatinder Singh, both residents of Dalla, Police Station Bhogpur, District Jalandhar, CRA No. D -86 -DB of 2009, filed by appellant Paramjit Singh @ Sonu, resident of village Dalla, Police Station Bhogpur, District Jalandhar and CRA No. D -176 -DB of 2009, filed by appellant Sunil Kumar @ Kala son of Surinder Kumar, resident of Tanda Urmar, District Hoshiarpur, against the judgment and order dated 17.12.2008, passed by the learned Additional Sessions Judge, Hoshiarpur, vide which accused/appellants were convicted under Sections 364 -A and 365 IPC and sentenced as under : -

(2.) THE prosecution story is that Nikhlesh Jasra is a resident of village Ahiyapur, Police Station Tanda, District Hoshiarpur. His two brothers are residing in Italy. He alongwith his sister Nivedika and mother Sudha Rani lives in the house. Sudha Rani used to get up at 5:00 AM and used to visit Shiv Mandir and then Jai Baba Bhane Shah to pay obeisance. On 7.11.2005, as usual, she got up at 5:00 AM and went to pay obeisance to Shiv Mandir and then to Jai Baba Bhane Shah, but did not return back for long time. Nikhlesh Jasra went to Jai Baba Bhane Shah and saw the chappals of his mother lying there. He also saw the tyre marks of a vehicle. He started searching for his mother. Then, he received a call from phone No. 0181 -2244786 on his mobile No. 94170 -24306, on which the caller told him that his mother is with them and that he should pay Rs. 10 lacs (as ransom). Nikhlesh Jasra talked to his sister Nivedika and after thinking for sufficient time, talked to his friend Chintu Behl and then approached the police. According to the complainant, his mother has been abducted at 6:00 AM by some unknown persons for demand of money. SHO Sukhwinder Singh of Police Station Tanda after recording the statement of complainant, made endorsement (Ex.PB/1) at 9:30 AM and thereafter, formal FIR (Ex.PB/2) under Sections 364 -A/34 IPC was registered. Police visited the spot and recovered the chappals and a yellow cloth from the spot, vide memo Ex.PM. The moulds of mark of tyres of Tata Sumo used in crime were lifted and taken into possession through recovery memo Ex.PN. Site plan (Ex.PO) of place of occurrence was prepared. On the same evening, Nikhlesh Jasra (complainant) made a supplementary statement to the police, in which he stated that Paramjit Singh @ Sonu and Sunil Kumar @ Kala (accused) are suspected to be involved in the crime.

(3.) ON 8.11.2005, complainant again received a call from Amritsar on his mobile phone, telling him that his mother is in the custody of the caller and he should arrange for Rs. 10 lacs. Complainant recorded the said call in his mobile.