SURENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment disposes of two Criminal Appeals No. 178-DB of 2004 and Criminal Appeal No. 191-DB of 2004 preferred against the judgment of conviction and sentence dated 30/31.1.2004 passed by Additional Sessions Judge, Faridabad, whereby accused-appellants namely Surender Kumar, Tarun Kumar, Dharmender Singh and Raghbir Singh (hereinafter referred to as 'the accused') were convicted under Sections 384/452/364-A read with Section 120-B IPC and accused Dharmender Singh and Raghbir Singh were also convicted under Section 25 of Arms Act. The accused were sentenced as under :-

(2.) ALL the substantive sentences were ordered to run concurrently.

(3.) AFTER recording FIR Ex.PA/1, at about 3.30 PM on 24.10.2001, Narender Kumar, In-charge Police Post, Sector 28, Faridabad came in action. In the meantime Amolak Raj Chopra informed his son Rajan Chopra who also reached the house along with his wife. The I.O. along with the police party and Satpal Chopra and Amolak Raj Chopra went in search of Anmol Mani Chopra (hereinafter referred to as 'kidnapee'). When they reached near the bridge of village Itmadpur, then Tarun Kumar, while driving the Maruti zen car bearing No. HR51 H 6566, grey colour, was seen coming from the opposite side. Investigator apprehended him and took the aforesaid car into possession vide memo Ex.PF. As intimated by Tarun Kumar, the police party proceeded to the Tilpat suiting range jungle where Parveen Kumar was found sitting on culvert and he on seeing the police party escaped. The name of Parveen Kumar was disclosed by Tarun Kumar accused. The police party further sighted two boys along with Anmol Mani Chopra sitting in the pitch near bushes who were identified as Raghbir Singh resident of Bali Nagar and Dharmender Singh son of Partap Singh resident of Gujjar Nagar. Amolak Raj Chopra identified all the three persons i.e. Raghbir Singh, Dharmender Singh and Parveen Kumar as the kidnappers. The kidnapee was recovered from their custody. On search of Raghbir Singh, Katta .315 bore Ex.P1 containing one cartridge Ex.P2 was recovered from his possession which was taken into possession vide recovery memo Ex.PB. On 25.10.2001, accused Tarun Kumar and Dharmender Singh were interrogated. During interrogation Tarun Kumar got recovered the mobile phone Ex.P5, vide recovery memo Ex.PJ. Accused Dharmender Singh got recovered the spring actuated knife Ex.P6 which was taken into police possession vide recovery memo Ex.PK. Accused Parveen Kumar was arrested in the presence of Amolak Raj Chopra. Both the accused disclosed that Surender Kumar was also their co-accused and further told that Surender Kumar had pointed out the house of Amolak Raj Chopra. Both Surender Kumar and Parveen Kumar were arrested in pursuance of statement under Section 27 of Evidence Act. Parveen Kumar got recovered .315 bore pistol Ex.P2/1 which was taken into possession vide separate recovery memo Ex.PN.