HARDEEP SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellants, namely, Hardeep Singh and Baldev Raj, alongwith Tarsem Singh, Chanan Singh, Roshan Lal and Ram Pal were tried for committing offences punishable under Sections 120-B, 364 and 368 IPC. Vide judgment and order dated 16.7.2005, learned Additional Sessions Judge (Adhoc) acquitted the co-accused of the appellants of all the charges against them. The appellants were also acquitted under Sections 368 and 120-B IPC. However, they were convicted under Section 364 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- each and in default of payment of fine, to undergo rigorous imprisonment for two months.

(2.) Aggrieved of their conviction and sentence, the appellants filed the present appeal, which was admitted on 9.8.2005. Subsequently, vide order dated 20.4.2007, this Court suspended their sentences of imprisonment and ordered their release on bail during the pendency of the appeal.

(3.) The case of the prosecution, as has been noticed by the learned trial Court, is that complainant Radha Krishan, who originally belonged to Uttar Pradesh, had been residing at Amritsar for the last 3/4 years before the occurrence. He was working as Pujari in Sri Durga Mandir, Hussainpura. Duli Chand, who also hailed from Uttar Pradesh is husband of sister of wife of Radha Krishan, who too had been a Pujari in the same Mandir. On 27.1.2004 at 10.00 p.m., Duli Chand told complainant Radha Krishan that he was contacted by two persons in connection with Mahurat of factory and he was given Rs.100/- for the same. On 30.1.2004 at 4.00 pm., he came to know from Duli Chand that he had received telephone call from the person concerned with the Mahurat and he was to go with them and after doing Garur Path, he would come back. On that day at 6.00 p.m., he and Duli Chand were present in the Mandir, when two persons came in a car of white colour. The driver remained in the car and second person, who was wearing trouser, Bushirt and was Sikh gentleman of the age of 55 years came to the Mandir and requested Duli Chand to accompany him for the Mahurat of the factory. Duli Chand handed over keys of the Mandir to Radha Krishan, took Havan Kund with him and accompanied the men in the car. Duli Chand did not come back and he could not be traced out by Radha Krishan. Therefore, on 4.2.2004, Radha Krishan met SI Hardev Singh, who recorded his statement Ex.PA which was signed by him in token of its correctness. Ex.PA with endorsement Ex.PA/1 was sent to Police Station, where the FIR Ex.PA/2 was registered. SI Hardev Singh went to the Mandir and prepared site plan Ex.PB. Radha Krishan produced photo of Duli Chand, which was taken into possession vide memo Ex.PC. Duli Chand joined investigation on 16.3.2004 and statement made by him was recorded. It was revealed by Duli Chand that both the persons had taken him along on 30.1.2004 in a car. When the car was passing from near Bhandari Bridge, the accused took out revolver, placed its muzzle on his left flank, tied a cloth on his eyes and took him to some house, which was in a field. He was kept detained in a room and one of those persons was Baldev Raj. Two persons with covered faces used to come to him to serve meals and make him answer the call of nature. They used to say that Duli Chand and his brother had made enough money. He was having mobile No. 98156-41627 on which he was made by the persons to talk with his mother and husband of the sister of his wife in connection with their demand of Rs.10,00,000/-. He was kept detained there for ten days. On 10.2.2004, he was taken out of the room and his abductors had some discussions and made him to sit on the scooter and he was left near Fatehgarh Churian and they took from him his mobile. He came to Amritsar in a bus and went to Civil Hospital and after taking medicines, he went to his village in Uttar Pradesh to see his family members, who had been informed about his abduction. He came back from Uttar Pradesh on 15.3.2004. On 18.3.2004 SI Nirlep Singh took up the investigation. On 12.4.2004, IMEI number of mobile of Pandit Duli Chand through SSP Amritsar was sent to the concerned company through I.G., Intelligence to know as to where mobile set could be at that time. On 25.8.2004, reply was received that two mobile numbers 98147-79817 and 98148- 81829 were used on the mobile of Pandit Duli Chand and mobile which was used was in the house of Roor Singh of Ugarail. Roor Singh and his son Ranjit Singh were joined in the investigation. SI Nirlep Singh came to know that mobile number 98147-79817 was of Chanan Singh son of Tarsem Singh of village Panjgarhian. On 26.8.2004, he went to the Behak of Chanan Singh where he and Tarsem Singh were hauled up. On 27.8.2004, Baldev Raj accused was arrested from village Bhuragil. Hardeep Singh was also arrested on that day when he was going in car No. PB-02-3637. The car was taken into possession. When Tarsem Singh was interrogated, he suffered disclosure statement that he had kept concealed mobile of Duli Chand in an iron trunk at his house and offered to get it recovered. His statement Ex.PG was recorded in the presence of Constable Malkiat Singh, which was thumb marked by him and, thereafter, he got recovered mobile phone Ex.P1, which was seized vide memo Ex.PH. On 31.8.2004, Mukhtiar Singh son of Chuhar Singh owner of the car was joined in the investigation and registration certificate Ex.P2 was produced by him was taken into possession. His statement was recorded. Roshan Lal and Ram Pal were also arrested. After the completion of his investigation, the challan was presented in the Court of Ilaqa Magistrate. Copies of the documents were supplied to the accused.