SURENDER SURAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) All the six criminal appeals, as titled above, are directed against the same judgment dtd. 8/2/2019 passed by the Court of learned Additional Sessions Judge, Gurugram, whereby the six appellants have been convicted in a case arising out of FIR No.469 dtd. 1/7/2016 registered at Police Station DLF Sector-29, Gurugram. Whereas the conviction of appellants (1) Khalid son of Shahid Ahmad, (2) Aabid; and (3) Khalid son of Hanif has been recorded under Ss. 332, 353, 365 and 186 read with Sec. 34 of the IPC besides Sec. 395 IPC; the other three appellants namely (4) Islamuddin, (5) Saleem and (6) Surender have been convicted under Sec. 395 IPC. Vide separate order dtd. 12/2/2019, they have been sentenced as under: <FRM>JUDGEMENT_27_LAWS(P&H)1_2024_1.html</FRM> <FRM>JUDGEMENT_27_LAWS(P&H)1_2024_2.html</FRM> The substantive sentences were directed to run concurrently.

(2.) Trial record has been called and the same has been perused. In order to avoid any confusion, appellants shall be referred as accused as per their status before the trial court. Prosecution case:

(3.) As per the prosecution case, on 1/7/2016, Shri Surender Singh (PW-3) came to Police Station DLF, Sector 29, Gurgaon at about 12:00 noon and got recorded his statement Ex.P4 to the police to the effect that he is posted as Insp./SHO Police Station DLF Sector-29, Gurugram. On the previous date i.e., 30/6/2016, he in his uniform was proceeding towards the office of DCP East Traffic Tower at about 11:30-12:00 noon in his private car No.HR-19F-0220 Swift VDI for official work. As he reached near the cut of Sushant Lok, A and B Block while proceeding from service lane, he noticed four boys standing in suspicious circumstances. He descended from the car and started checking them. In order to make enquiries from them, he made two of the boys to sit on the rear seat of his car. One of the boys tried to flee but another one stopped him. Then the three boys were made to sit on the rear seat and the fourth boy sat on the seat beside him. They were to be taken to the police station for necessary enquiry. After occupying the driving seat, as he (Inspector Surender Singh) tried to start the car, the boys sitting on the rear seat dragged him by his neck and put him in between rear and front seat. When he protested, they caused injuries on his eye and lips. After driving the car for about 02 hours, on reaching the jungle area, they put him in the Diggy (boot) of the car. He was kept in the Diggy for 5-6 hours at an abandoned place near a brick kiln and then they started from that place at about 08:00 p.m. At about 09:00 p.m. they took him in the area of Kosi, 10-12 km ahead of Hodal and dropped him. They forcefully took away his car besides two mobile phones, one make Samsung having SIM No.99999-81822 and another make Nokia having SIM No.97118-03872. On the way, the miscreants had also asked his password of ATM Card and withdrew money from his ATM. One of the miscreants was aged about 18 years and the other three were of about 25 years of age. Somehow, he reached the highway with the help of a motorcyclist and then came to home. It was further told by Surender Singh that he could identify the miscreants, if they were produced before him. Evidence collected during investigation: