VIKRANT Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This is an appeal against acquittal preferred by complainant Vikrant assailing the impugned judgment dated 03.12.2014 rendered by the learned Additional Sessions Judge, Kurukshetra, whereby all the accused were acquitted by extending benefit of doubt to them. It is the prosecution case that on 19.02.014 at about 8:00 p.m, a telephonic information was received by the police about abduction of Vikrant son of Naib Singh, resident of village Mehra by Mandeep son of Charan Singh, resident of village Kharkali and 7-8 other boys. ASI Padam Singh, reached village Mehra, there he came to know that the abducted person had been taken to village Kharkali. On reaching Kharkali, the police found that Vikrant was lying in an injured condition outside the house of Mandeep. Police also found one Bullet motorcycle bearing No. HR-07S- 5535 lying parked nearby. With the help of Shubham, injured was taken to Government Hospital, Ladwa and from there to PGI, Chandigarh. On receipt of medical memo from PGI on 20.02.2014, police party reached PGI, Chandigarh but the injured were declared unfit to make the statement. Statement of injured Vikrant was recorded on 21.02.2014. As per appellant-complainant, on 19.02.2014 at about 7:00 pm, he along with Nirmal Singh was standing near the veterinary hospital in village Mehra. Two vehicles, one Bolero bearing No.3535 and the other Mahindra XUV 500 stopped near them. Mandeep, Sunny, Krishan, Sachin Pandit and Gulla along with 3-4 other persons got down from the aforesaid vehicles. Mandeep was holding a country made pistol whereas others were carrying iron rods. Mandeep hit the complainant on his forehead and teeth with the butt of the pistol and the remaining boys started hitting him on his head with bottles. Thereafter, they took him away in their Bolero vehicle. Nirmal Singh had run away out of fear. The motorcycle of complainant was taken away by Gulla and Sachin. On the way to Kharkali, the abductors continued to beat the complainant. They also gave a threat to his life. When the complainant was made to get down from Bolero, he had tried to flee but Mandeep fired a shot from his country made pistol. At that time, Sunny commented that he should be made to die slowly. Sunny gave beatings to the complainant on his feet and left arm with iron rods, as a result of which he suffered fracture. Thereafter, Nirmal Singh and Sanju called Sunny to leave him. On hearing their noise, the abductors had fled away leaving the complainant in a helpless state of mind. Thereafter, Shubham and the police took him to General Hospital, Ladwa. Necessary investigations were conducted. Site plan of the spot was prepared. Accused were arrested.

(2.) Accused Hardeep @ Sunny surrendered in the Court on 28.02.2014. During interrogation, he suffered disclosure statement and got recovered the iron pipe after identifying the place of occurrence. Accused Charan Singh, got recovered the iron rods measuring 1 1/2 ft. approximately. Finding a prima facie case against accused-respondents No. 2 to 8, they were charge sheeted for committing offence punishable under Sections 148,364,323,325,285, 506 read with Section 149 of the Indian Penal Code vide order dated 16.07.2014, passed by Shri M.M. Dhonchak, the then learned Additional Sessions Judge, Kurukshetra, to which the accused did not plead guilty but claimed trial. We have heard learned counsel for the appellant besides appraising the entire material and evidence coming on record. Prosecution in support of its case examined Vikrantcomplainant as PW1; Nirmal Singh, eye witness as PW2; Vijay Kumar ASI as PW3; Ram Pal ASI as PW4; Chaman Lal as PW5; Amir Singh, ESI, witness of disclosure statement as PW6; Lachhman Singh, H.C. as PW7; Narender Kumar, Inspector as PW8; SI Suresh Pal, recovery witness as PW9; Kewal Krishan, Ahlmad, who brought the summoned file as PW10; Dr. Vikas Gupta, who gave first aid to injured as PW11; Jaswant Singh, EASI, the recovery witness as PW12; Padam Singh, ASI, Investigating Officer as PW13; Dr. Deepak Kumar, senior resident, PGIMS, Chandigarh, who gave treatment to the injured as PW14; Inspector Vijay Malik as PW15 and Dr. Kapil, who gave opinion regarding fitness of injured as PW16, whereas Pws ASI Balbir Singh, Kulwinder Singh, Sanjeev @ Sanju and Rajbir Singh were given up by the learned Public Prosecutor as unnecessary.

(3.) Accused, in their defence, examined H.C. Virender Kumar as DW1; H.C. Satvinder Singh as DW2 and Sher Singh Chahal, Manager, Central Co-operative Bank as DW3. In statement under Section 313 Cr.P.C, the simple defence of the accused is that; they have been falsely implicated in this case.