SANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecution story as given in the FIR is as under :- Gurwinder Singh @ Bablu (PW-2) aged about twelve years was studying in the 6th Class in the Sant Prem Singh Public School, Begowal. Bablu and his sister Lovepreet Kaur, who was also studying in the same school, went to school at about 8.00 A.M. on 16.12.2002 to take the examination, after which they, as per normal routine, were scheduled to return home. Lovepreet Kaur returned home at about noon time, but Bablu did not do so. Rajinder Kaur (PW-1), the mother of the two children, was initially unconcerned, but after he had been missing for some time, she discussed the matter with her sister Kuldip Kaur and then left in search of him. She first went to the residence of Manpreet Singh @ Sonu and Manpreet Singh @ Monu both residents of Begowal, who were also studying with Bablu and on enquiry they told her that two boys had come to the school gate at about 11.30 A.M. and had made an enquiry about Bablu and on being identified by them, they had taken him away on a scooter. They also stated that both the boys were clean shaven and were not wearing turbans. At about 5.00 P.M. the same evening, a telephone call was received in Rajinder Kaur's house which was heard by Ranjit Kaur, her niece and the person on the other side, speaking in Hindi told Ranjit Kaur that Bablu was with them and in case his life was to be saved, a sum of Rs. 20 lacs should be paid as ransom. Ranjit Kaur enquired as to where the amount was to be paid and the person told her that it was to be passed over at the India Gate, New Delhi. Rajinder Kaur accordingly suspected that Sarabjit Singh @ Laddi and Yadwinder Singh @ Roki had kidnapped Bablu as she had been demanding the return of Rs. 11 lacs that had been paid to the former some three months earlier for sending her nephew Sukhbir Singh to America, a bargain which had not been carried out by him. It was further stated by her that on 15.12.2002 she alongwith Kuldip Kaur aforesaid had gone to the Dera of Bibi Jagir Kaur, the Local MLA and though she had not been present, they had discussed the matter with Daisy, her daughter, complaining about the behaviour of Sarabjit Singh, who was Bibi Jagir Kaur's close relative. The above statement of Rajinder Kaur, Exh. PA, was recorded at Bus Stand Bhadas in the area of Begowal by SI Gurbinder Singh (PW-11), SHO, Police Station, Bholath and on its basis, a first information report, Exh. PA/2 was registered at Police Station, Bholath 8.25 P.M. on 16.12.2002 under Sections 364/34/120-B of the Indian Penal Code. Efforts to trace out the two accused were thereafter made by the police, but without success. At 15 minutes past midnight of 18.12.2002 Gurbinder Singh SI received a call from SI Mahavir Singh of Police Station, Narela, Delhi, who told him that Gurwinder Singh @ Laddi and Rajinder Singh @ Bobby were in their custody and a minor child, named, Gurwinder Singh @ Bablu, a revolver (from Gurwinder Singh) and a datar (from Rajinder Singh accused) alongwith a Maruti van, in which the two accused and the victim had been travelling, had been recovered. After receiving this information, Rajinder Kaur PW1 rushed to Narela alongwith her brother-in-law Balbir Singh and a police party of Police Station Bholath headed by SI Gurbinder Singh. A copy of the FIR registered at Police Station, Narela was also handed over to SI Gurbinder Singh by SI Mahavir Singh. The two accused Gurwinder Singh and Rajinder Singh alongwith Bablu were produced by SI Mahavir Singh before the Illaqa Magistrate in Tees Hazari Courts at Delhi and permission was granted by the Magistrate to arrest them in the case registered at Police Station, Bholath as well. A transit remand was also granted for the transfer of the two accused to Bholath. The statements of the relevant witnesses with respect to the present incident were also recorded by Sl Gurbinder Singh. From Bablu's statement it transpired that Sandeep Singh @ Sonu, Sarabjit Singh and Parampal Singh had in addition been involved in the incident. These three accused were also subsequently arrested and from the possession of Parampal Singh, a scooter No. CH-01-7011 alongwith its papers was recovered. On the completion of the investigation, the matter was committed for trial and the accused were ultimately charged for offences punishable under Sections 120-B/363/364-A and 342 of the Indian Penal Code and as they pleaded not guilty, were brought to trial.

(2.) IN support of its case, the prosecution examined twelve witnesses in all, the primary ones being PW-1 Rajinder Kaur, the complainant, PW-2 Gurwinder Singh @ Bablu, the victim of the kidnapping, PW-3 Manpreet Singh @ Monu, Gurwinder Singh's class-fellow, who deposed that Gurwinder Singh @ Laddi and Rajinder Singh @ Bobby had taken Bablu away from the school gate at about 11.30 A.M. on 16.12.2002; PW-4 Ramesh Godwani LDC-cum-Ahlmad from the Court of Metropolitan Magistrate, Delhi, who brought the file pertaining to the Arms Act case against Rajinder Singh @ Bobby registered at Police Station, Narela; PW-5 Ajay Kamal Head Constable of Police Station, Narela, who had apprehended Gurwinder Singh and Rajinder Singh accused while two other had run away and recovered Bablu from their custody while they were sitting in the Maruti van in question and had also recovered two weapons, a revolver and a datar from them, which had led to a prosecution under the Arms Act in the Court of the Metropolitan Magistrate at Delhi; PW-6 Mahavir Singh, Sub Inspector of Police Station, Narela before whom Gurwinder Singh and Rajinder Singh alongwith Bablu had been produced by HC Ajay Kamal; PW-7 Rashminder Singh, Sub Inspector, who had arrested Parampal Singh @ Lovely accused in the course of a Naka; PW-10 Balwant Singh, Clerk with DTO Office, Ropar, who brought the registration record of the Maruti van No. PB-12-E-1163 which stood in the name of one Satwant Singh son of Joginder Singh, resident of House No. 331, Phase IV, Mohali; PW-11 SI Gurbinder Singh, the main Investigating Officer; and PW-12 ASI Jaswinder Singh, who alongwith SI Gurbinder Singh had gone to Police Station, Narela and arrested the accused in the present case and had returned with Bablu to Bholath and restored him to the custody of his mother.

(3.) THE trial Court held that Bablu's evidence, though of a minor, inspired full confidence The Court also found corroboration for Bablu's statement in that of Manpreet Singh @ Monu, his class-fellow, who had deposed that Gurwinder Singh and Rajinder Singh had taken Bablu away on a scooter on the date and time in question. The Court also held that in the circumstances, there was no delay in the lodging of the FIR. The Court also observed that the statement, Exh. DA, made by Bablu on 22.7.2003 before the Metropolitan Magistrate, Delhi in the Arms Act case, against Gurwinder Singh and Rajinder Singh and Exh. DB, his statement recorded by the police under Section 161 of the Code of Criminal Procedure, were similar in material particulars to the one made in the Court in the present proceedings and the discrepancies/contradictions could be attributed to the delay in the recording of the evidence. It is also held that merely because only two accused, i.e., Gurwinder Singh and Rajinder Singh had been named by Bablu in the statement, Exh. DA, did not mean that the other accused had not been involved in the kidnapping. The Court also rejected the defence story that the accused had been roped in on account of their enmity with Rajinder Kaur or due to political reasons as some of the accused represented the Congress Party, whereas Bibi Jagir Kaur, who was related to some of the accused represented the Akali Party. The Court also held that in a case of conspiracy, it was always difficult to get direct evidence with regard thereto, but the circumstances on record clearly showed that a case of conspiracy to kidnap Bablu for ransom had been proved on record. The Court accordingly convicted and sentenced the accused as under :- Accused Sandeep @ Sonu, Gurvinder Singh @ Laddi, Rajinder Singh @ Bobby and Parampal Singh @ Lovely under Section 120-B IPC to undergo imprisonment for life and to pay a fine of Rs. 1000/- each and in default of payment thereof to undergo further rigorous imprisonment for one month. Accused Sandeep @ Sonu, Gurvinder Singh @ Laddi, Rajinder Singh @ Bobby and Parampal Singh @ Lovely under Section 363 IPC to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- each and in default of payment thereof to undergo further rigorous imprisonment for one month.