KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this appeal preferred by Kulwant Singh is to judgment and order of sentence dated March 3, 2001 passed by Additional Sessions Judge, Jalandhar, in case FIR No. 68 dated September 27, 1995 under Ss. 420, 364 IPC, registered in Police Station, Bhogpur, whereby, while acquitting co -accused Rattanjit Singh and Sukhwinder Singh, appellant - Kulwant Singh has been convicted and sentenced to undergo RI for a period of 5 years and to pay fine to the tune of Rs. 2,500/ - or in default of payment of fine, to further undergo RI for a period of 3 months under Sec. 420 IPC, as well as to undergo RI for a period of 5 years and to pay fine of Rs. 2,500/ - or in default of payment of fine, to further undergo RI for a period of 3 months under Sec. 36 IPC. Both the sentences were ordered to run concurrently.

(2.) Instant case stands registered on the basis of complaint (Ex.PW3/B) lodged by Gurdev Kaur - complainant, who has alleged that she being issueless, adopted Kulbir Singh son of her brother Bhajan Singh, who after completing B.Com, intended to go abroad being unemployed. As suggested by Jaswinder Singh, she approached Kulwant Singh, brother of son -in -law of Joginder Singh, in the month of April 1992, who told that necessary arrangements can be done for sending Kulbir Singh to Germany on payment of Rs. 65,000/ -. A week thereafter, Bhajan Singh, Joginder Singh and Kulbir Singh visited the house of accused and handed over to him a sum of Rs. 65,000/ - alongwith passport of Kulbir Singh. Subsequent thereto, another demand of Rs. 40,000/ - was made by Kulwant Singh who was paid to him by complainant. At that time, other accused were also present. Kulwant Singh took Kulbir Singh to Delhi. Resham Singh brother -in -law of complainant accompanied him but he was sent back as it was told by Kulwant Singh that it will take some days to send Kulbir Singh abroad. However, Kulwant Singh remained with Kulbir Singh at Delhi. Thereafter, Sukhwinder Singh, co -accused told them to arrange a sum of Rs. 20,000/ - more and they accompanied Sukhwinder Singh to Kulwant Singh with cash amount. After about 2 months, Kulwant Singh returned to village and disclosed to the complainant that Kulbir Singh was in Moscow and has demanded another sum of Rs. 85,000/ - for sending Kulbir Singh to Germany. She consulted Mohan Singh who made an arrangement of said amount and same was paid to the accused. Thereafter, she had been enquiring the whereabouts of Kulbir Singh but nothing was disclosed by Kulwant Singh. Rather, he put -forth another demand of Rs. 1 lac for sending Kulbir Singh to Germany from Moscow. Bhajan Singh, brother of complainant, mortgaged his land with Joginder Singh for a sum of Rs. 50,000/ - and son of Resham Singh sent a sum of Rs. 50,000/ - from Germany to Moscow while remaining amount of Rs. 50,000/ - was sent by Ranjit Singh which was received by Kulbir Singh in Moscow. It has further been alleged by complainant that she could not contact with Kulbir Singh either from Moscow or any other place. She contacted Kulwant Singh who returned a sum of Rs. 45,000/ - to her and was threatened with dire consequences. She reported the matter to police in the year 1995, on the basis of which, FIR was registered and investigation was put into motion.

(3.) There being a prima facie evidence appearing in report under Sec. 173 Cr.P.C. and documents annexed with it, Kulwant Singh alongwith Rattanjit Singh and Sukhwinder Singh were chargesheeted to face trial under Ss. 420, 364 IPC to which they did not plead guilty and claimed trial. To substantiate charge framed against accused, prosecution examined Chagger Singh as PW -1, Mohan Singh PW -2, Gurdev Kaur PW -3, Bhajan Singh PW -4, Bhupinder Singh PW -5, Resham Singh PW -6, Lakhbir Singh PW7, SI Harjinder Singh PW8, ASI Amrik Singh PW9 and ASI Raunki Dass PW -10. Thereafter, prosecution closed its evidence.