VINOD KUMAR ALIAS TONI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 30.08.2010 passed by the Court of Sessions Judge, Jalandhar vide which accused-Vinod Kumar alias Toni was convicted for an offence under Section 364-A of the Indian Penal Code ('IPC' for short) and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine, to undergo further rigorous imprisonment for two years.

(2.) Accused-convict/Vinod Kumar alias Toni, who is appellant before this Court prays that the appeal filed by him be accepted, the impugned judgment of his conviction and sentence be set aside and he be acquitted of the charge framed against him.

(3.) Briefly stated, the prosecution story as it came out during the trial is that on 18.11.2008 at about 06:30 p.m. Arshnoor Singh, aged about 4 1/2 years and his younger brother Karanvir Singh, aged about 3 years, both sons of Pritpal Singh and complainant-Prabhjot Kaur, were playing outside their house No. 76, Sarabha Nagar, Mohalla Santokhpura, Jalandhar, when a motorcycle of yellow colour having two young persons in the age group of 20 to 25 years old riding it, with pillion rider wearing a cap came there and stopped in front of their house. The riders picked up Arshnoor Singh, made him sit on motorcycle and sped away. Prabhjot Kaur, aged about 28 years, mother of the children and complainant in this case, ran after the motorcycle but she could not read the number of said motorcycle. She had raised alarm but the motorcyclist, taking away Arshnoor Singh could not be nabbed. After sometime Sarbans Singh, father-in-law of the complainant Prabhjot Kaur informed her telephonically that he had received a telephonic call at his shop having No. 0181-3293216 from mobile No. 97812-50749 that 30 PETTIES (Rs. 30 lacs) be arranged and the place where said money was required to be delivered would be disclosed on the next day in the morning. The complainant along with her neighbour searched for Arshnoor Singh, but he could not be traced. Thereafter, the complainant accompanied by her brother-in-law Gurdip Singh was going to Police Station, Division No. 8, Jalandhar, to lodge report regarding the incident, on the way, they came across the police party led by ASI Satpal (hereinafter referred to as Investigating Officer/I.O.) in the area near Electricity Board, Hoshiarpur Road, Santokhpura, Jalandhar, where complainant-Prabhjot Kaur wife of Pritpal Singh, aged about 28 years got her statement Ex.PB, recorded with ASI Satpal regarding the incident. In the said statement, she had got it mentioned that her husband Pritpal Singh had gone to Thailand in connection with his business. The statement was signed by the complainant-Prabhjot Kaur in Punjabi. Her signatures were attested by the Investigating Officer, who had appended his endorsement Ex.PB/1 below the said statement sending ruqa to police station through Constable Madan Lal, on the basis of which formal FIR Ex.PB/2 was recorded at Police Station, Division No. 8, Jalandhar, under the signatures of SI Baljit Singh. An endorsement on the original ruqa was made and it was sent back to the Investigating Officer. Thereafter, the police party accompanied by the complainant went to the spot, where the Investigating Officer carried out spot inspection. He prepared rough site plan of place of incident as Ex.PC. He recorded statements of witnesses. The police party launched a search for the accused but they could not be traced out.