GURDEV SINGH Vs. LABH SINGH

JUDGEMENT

(1.) LABH Singh, Gursewak Singh and Binder Singh accused were convicted by Additional Sessions Judge, Faridkot vide order dated 11.5.1996 in Sessions Case No. 115 of 29.7.94/FIR No. 41 of 27.3.94 of PS Lambi under Section 364 Indian Penal Code and were sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 500/- each, in default of payment of fine to further undergo RI for 3 months. At the same time, he acquitted them of the charge under Section 302/404 Indian Penal Code framed against them.

(2.) NOT satisfied with this order of acquittal of Labh Singh, Gursewak Singh and Binder Singh passed by Additional Sessions Judge, Faridkot acquitting them of the charge under Section 302/404 Indian Penal Code. Gurdev Singh has come up in revision to this Court. Gurdev Singh is the father of Satwinder Singh @ Pappi who was allegedly kidnapped/abducted by them with intent to murder and was actually murdered. The prosecution case in brief is that on 25.3.94 at about 9 PM, Satwinder Singh @ Pappi was present in his house situated in village Lalbai PS Lambi. His mother Smt. Nachhatar Kaur and father Gurdev Singh were also present. All of them had taken their meals at about 8.45 PM. At about 8.45 PM, Satwinder Singh @ Pappi was called and he opened the door in response to that call. Labh Singh, Gursewak Singh and Binder Singh were standing in front of the door of the house and they had one bicycle with them. Labh Singh asked the deceased to accompany him and the other accused and to bring his own bicycle. Satwinder Singh @ Pappi deceased went inside the house and brought bicycle Atlas make bearing No. Ch-801725 with him and he accompanied Labh Singh, Gursewak Singh and Binder Singh. Gurdev Singh and Smt. Nachhatar Kaur asked the accused why they were taking their son Satwinder Singh @ Pappi with them. Accused replied that they were taking him in connection with some urgent work. Gurdev Singh and Nachhatar Kaur tried to persuade their son not to accompany the accused but he left with the accused. He did not return during the night. On the following morning, Gurdev Singh went to the house of the accused to know about the whereabouts of the accused and his son and he was told by the members of the families of the accused that the accused, too, had not returned. Gurdev Singh could not find any clue to the whereabouts of his son on 26.3.94. Since after 8.45 PM on 25.3.94, Satwinder Singh @ Pappi was neither heard of alive or dead. On 26.3.94, the panchayat was convened. On 27.3.94 at about 1.30 PM when Gurdev Singh was unable to find out the clue to the whereabouts of his son, he lodged FIR Ex.PD at PS Lambi under Section 363/34 Indian Penal Code. Motive set up was that six months prior to this occurrence, accused Labh Singh surprised the deceased in compromising position with his sister and so that the modesty/honour of his sister did not suffer in the village, Labh Singh did not talk over the matter to any other person in the village. In the FIR, it was recited that all the three accused had abducted Satwinder Singh @ Pappi with the intention to murder him in concert with each other.

(3.) ON 4.4.94, Gurdev Singh complainant (first informant) informed the police that the accused were available in the village. When the police party reached the village, it had transpired that the accused had left the village on a bicycle. Accused were intercepted while pedalling bicycle towards village Thraj. It was Cycle No. CH-801725 Atlas make which the accused were pedalling. It was taken into possession vide memo Ex.PG. After investigation, accused were challaned under Section 364/302/404 Indian Penal Code. They were charged under Section 364/302/404 Indian Penal Code by the Additional Sessions Judge, Faridkot. Accused pleaded not guilty to the charge and claimed trial.