STATE OF HARYANA PROSECUTOR Vs. JAGBIR SINGH

JUDGEMENT

(1.) The appellants Jagbir Singh alias Lalu (25 years) and Umed Singh (28 years), both sons of Sube Singh, were tried Under Ss. 302 364 201 34, Indian Penal Code in the Court of Sessions Judge, Bhiwani, on the charge of kidnapping Manoj, a minor, son of the informant Daya Nand for ransom and then committing his murder and concealing the dead body. Appellant Jagbir Singh was also charged Under Sec. 384, Indian Penal Code. The appellant Jagbir Singh has been convicted Under Sec. 302, Indian Penal Code, and sentenced to death. He was also convicted Under Ss. 364 201 and 384, Indian Penal Code, and sentenced to the period already undergone. Appellant Umed Singh was convicted only Under Sec. 201, Indian Penal Code and sentenced to suffer three years' rigorous imprisonment and fine of Rs. 2,000/ - in default of payment of fine to suffer further rigorous imprisonment for three months. Umed Singh was however, acquitted of the charges Under Ss. 302 and 364, Indian Penal Code. Since Jagbir Singh appellant was sentenced to death, the learned Sessions Judge has made Murder Reference Under Sec. 366, Criminal Procedure Code, for confirmation of the death sentence, which has been registered as Murder Reference No. 3 of 1995. The appellants Jagbir Singh and Umed Singh have also filed Criminal Appeal against their conviction and sentence, which has been registered as Criminal Appeal No. 136 -DB of 1995. The Murder Reference and Criminal Appeal are being disposed of by this judgment.

(2.) The case of the prosecution as unfolded by Daya Nand -complainant (P.W. 7) is as under : -

(3.) On September 7, 1991, Umed Singh, accused, met Daya Nand and took him to the house of Jagbir Singh started weeping and told that Daya Nand's son was in truck union, Bhiwani, and he would bring him within l 1/2 hours. Thereafter appellant Jagbir Singh changed his statement and said that he had no knowledge about Manoj. Then Sukhbir was sent to Village Chiri to call the father of appellant Jagbir Singh. The search for Manoj, in the meantime, was on. At about 1.30 p.m., another letter (Exhibit P. 1) was found lying in the compound of the house of Daya Nand (P.W. 7). Daya Nand read the letter and recognized the handwriting as that of appellant Jagbir Singh. Through this letter (Exhibit P. 1) a ransom of Rs. 25,000/ - was demanded of Manoj (deceased) from Daya Nand (P.W. 7). This letter confirmed the suspicion of Daya Nand about the complicity of Jagbir Singh in the kidnapping of his son Manoj. Thereafter, Jagbir Singh (appellant) was detained in a shop owned by Umed Singh, which joined the house of Daya Nand. At about 3.30 p.m., Sube Singh the father of Jagbir Singh appellant also arrived there and he was apprised of the aforesaid facts. The father of Jagbir Singh made enquiries from his son and after having conversation with Jagbir Singh, he told Daya Nand that he was convinced about the involvement of the appellant Jagbir Singh in the kidnapping of Manoj and that Daya Nand should hand over Jagbir Singh to the police. Daya Nand reached Police Station Saddar Bhiwani along with Chatter Singh and Yudhvir and handed over both the letters (mark 'A' and Exhibit 'P -1') to the S.H.O. Mahender Singh Bhatti (P.W. 12) and narrated the whole story (facts) to him. Thereafter, the S.H.O. Mahender Singh Bhatti deputed Assistant Sub Inspector Kaura Ram and two Constables, who came with Daya Nand to the village. Assistant Sub Inspector Kaura Ram arrested Jagbir Singh, accused, and searched the shop of Umed Singh, the other accused, which is different from the one where Jagbir Singh had been locked by Daya Nand and others. Assistant Sub Inspector Kaura Ram returned to the police Station with accused Jagbir Singh.