STATE OF PUNJAB Vs. VIKRAM SINGH @ VICKY WALIA

JUDGEMENT

(1.) THIS judgment shall also dispose of connected Criminal Appeal No. 105-DB of 2007, filed by accused-appellants as both the matters arise out of the judgment dated 20/21.12.2006 passed by learned Sessions Judge, Hoshiarpur, in Sessions Trial No. 24 of 3.9.2005 (Sessions Case No. 11 of 19.4.2005), holding all the accused appellants guilty of offences on four counts, namely, under Section 302 IPC, Section 364A IPC, Section 201 IPC, and Section 120-B IPC, and sentencing them as follows :

(2.) AS per prosecution case, on 14.2.2005, deceased Abhi Verma @ Harry, a minor boy aged about 16 years and a student, son of a Goldsmith of Hoshiarpur, Ravi Verma (PW27), was kidnapped and done to death in diabolical and dastardly manner by accused appellants Vikram Singh @ Vicky, his friend Jasvir Singh @ Jassa, and Sonia wife of Jasvir Singh by hatching a criminal conspiracy with each other. At about 8.45 AM, on the date of occurrence, i.e., 14.2.2005, pursuant to an anonymous call on telephone giving information about kidnapping of a child which was received by SI Nirmal Singh (PW39), SHO, Police Station City, Hoshiarpur, FIR (Ex.PXXX) was recorded for kidnapping of a child from a place near 'Shimla Pahari'. SI Jiwan Kumar (PW43) of CIA Staff, Hoshiarpur also received information and instruction known as 'questy' about kidnapping of the boy, which activated the police machinery. The same day, father of the kidnapped child Ravi Verma (PW27) also received a call on his telephone number 226059 installed in the name of his father in his shop at 12.00 AM informing him that his son has been kidnapped and in case he wanted his son to return alive, he should make arrangement for payment of a ransom amount of Rs. 50.00 lacs. When Ravi Verma (PW27) requested the caller that he be allowed to have access to his son over phone to have a talk with him first, he was told that his son was at some distance and he would be permitted to have talk with him later. However, the caller did not forget to reiterate the demand for immediate arrangement of Rs. 50.00 lacs while holding same threat regarding safe return of his son. The caller also told Mr. Verma that they would contact him again. Thereafter, Ravi Verma (PW27) went to DAV School where his son was studying and then came to know that his son had not reached the school on that day. Thus, on verification of that information, Ravi Verma (PW-27) became confident that his son has been kidnapped for money. After SI Jiwan Kumar (PW43) took over the investigation of the case, he went to Shimla Pahari Chowk situated in the area of Hoshiarpur City, where he met Ravi Verma (PW27), father of the kidnapped child, around 12.30 noon, and recorded his statement (Ex.PWWW). He made an endorsement (Ex.PWWW/1) on the statement, and the offence under Section 364 IPC was converted in to one under Section 364A IPC (kidnapping for ransom etc.), an aggravated form of offence. The I.O. directed Ravi Verma (PW27) to arrange an ID Caller with Tape Recorder and connect it with the telephone in his shop, and wait for further call of kidnappers so that they could be arrested. Ravi Verma (PW27) went to his shop after arranging ID caller equipment with tape recorder, which was connected with his telephone number 226059. It was only at 4.00 PM in the afternoon that he received a call on the telephone from mobile number 98147-83418 when the kidnapper asked him as to whether he made arrangement for ransom amount. Ravi Verma told that he was in the process of doing it. The kidnapper again did not fail to reiterate the earlier threat that in case Ravi Verma (PW27) wanted his son to be alive, then he should make arrangement for money immediately. Ravi Verma gave the same answer that he was in the process of arranging the money. Then the caller in a threatening tone told him that he should arrange the money forthwith in case he wanted his son to be alive. Again at 7.00 PM in the evening, Ravi Verma (PW27) received a call from the kidnapper from the same mobile number, who asked him to open his mobile phone and talk. He thereafter received another call from the kidnapper on the same landline phone installed in his shop, who asked him as to why he had not switched on his mobile phone. Then witness Ravi Verma told the kidnapper that he was not carrying his mobile phone with him in the shop and that he had already sent a boy to his house for bringing it. Thereafter, the kidnapper abused him by using filthy language and threatened him with dire consequences saying that in case he took any panga causing them trouble, then they would take such panga that he would repent. The kidnapper further told him that the police had come to his house and the SSP had also come to meet him. Then Ravi Verma (PW27) told the kidnapper that he was not concerned with those matters and the SSP had not come to meet him. He told the kidnapper to disclose the place where he was to bring the ransom amount. The kidnapper told him that he would inform him the place on phone. Ravi Verma (PW27) again received a call from the kidnapper asking him to switch on mobile after going outside his shop. On mobile number 98726-44201 of Ravi Verma (PW27), the kidnapper told that there was clamour all over in the town and also warned him against indulging in any mischief. Ravi Verma then repeatedly assured him that he was not concerned with that activity and he only wanted his son to be back. The kidnapper, however, repeated the same threat but now in absolute clear terms that in case he played any mischief then he would not be able to see even the dead body of his son. Thereafter, Ravi Verma (PW27) being helpless kept on waiting for further call from the kidnappers, but such call was never received again after the last call had been made by them at 8.00 PM in the evening. Cassette (Ex.P25), of the conversation which was got recorded by Ravi Verma (PW27) through tape recorder connected with his telephone, was produced before SI Jiwan Kumar (PW43). The cassette was played on another tape recorder and the conversation between the complainant and the kidnapper was heard by the police. The cassette was made into a parcel, sealed with the seal 'JK' and then taken into possession vide Ex.PUU. During the course of investigation, it came to the notice of the police that one Naresh Kumar Sharma (PW3), resident of U Enclave Bahadurpur, Hoshiarpur, while being inside his house at 7.15 AM on the date of kidnapping, heard the rings of call bell of his house. He saw that accused appellant Vikram Singh @ Vicky, who was accompanying his wife (Mrs. Sharma) came into his bed room and touched his feet. Accused Vikram Singh @ Vicky being a friend of his son Mukul Sharma used to visit Mr. Sharma's house off and on.

(3.) ON completion of investigations, a challan was laid against the accused appellants, and having found prima facie incriminating materials, a charge- sheet was drawn under Sections 302, 364-A, 120-B and 201 IPC against all the accused persons, to which they pleaded not guilty and claimed trial. In their statements under Section 313 Cr.P.C., the accused appellants took the defence as : Accused Vikram Singh @ Vicky