PAWAN MANDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal arises out of judgment of conviction and order of sentence dated 21.10.2003 passed by Sessions Judge, Amritsar, in Sessions Case No. 109 of 2000, vide which accused-appellants Pawan Mandal and Bhairo Mandal have been convicted for offence under Sections 302 read with Section 34 IPC and 201 IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs. 1000/- each and in default of payment of fine to further undergo RI for six months under Section 302 read with Section 34 IPC. Under Section 201 IPC, to undergo RI for two years and to pay fine of Rs. 500/- each and in default of payment thereof, to further undergo RI for two months. The substantive sentences were directed to run concurrently.

(2.) BRIEFLY , the facts of the prosecution case are that FIR was registered on the basis of statement made by Chalahe Mandal, the father of deceased Anil Mandal, by stating that he is resident of District Bhagalpur (Bihar) and is having two issues i.e. Anil Mandal (son) and Dhanoka Devi (daughter) and both were married. He and his son Anil Mandal are living in a rented room in Gujjarpura Street No. 2, Guru Gobind Singh Nagar. He is beggar and his son Anil Mandal is earning his livelihood by pulling a rickshaw. On 12.3.2000 he went to his native village and his son Anil Mandal was in Amritsar. On 23.3.2000, he received an information from Vinod Yadav resident of village Bhaturia on telephone that he (Vinod Yadav), Anil Mandal and Dinesh went to play Holi to the house of Pawan Mandal, resident of village Nawada (Bihar) where Bhairo Mandal, father-in-law of Pawan Mandal, was already there and after taking food, he (Vinod yadav) slept in the room of Pawan Mandal, whereas Dinesh Yadav, Pawan Mandal and Bhairo Mandal took Anil Mandal along with them to the room of Bhairo Mandal at Chawla Poultry Farm. When he woke up in the morning, he was told by Pawan Mandal, Bhairo Mandal and Dinesh Yadav that Anil Mandal had left that place in the night itself. He (Vinod Yadav) tried to locate Anil Mandal at his residence and other places, but no clue about him could be found. On receipt of this information, Chalahe Mandal reached Amritsar on 29.3.2000 and met Vinod Yadav and tried to find out his son Anil Mandal, but he could not be searched out. He was fully convinced that Bhairo Mandal, Pawan Mandal and Dinesh Yadav had abducted his son with intention to kill him. It was further stated by Chalahe Mandal that when his son was residing in his native village, a rickshaw was given to Sudama Mandal, brother of Bhairo Mandal, on rent from Manoj of Bhagalpur (Bihar). Later on, Sudama Mandal shifted to Punjab and rickshaw was sold. Anil Mandal recovered the amount of Rs. 5000/- on account of that rickshaw from Bhairo Mandal on coming to Amritsar and that amount was sent to Manoj in Bihar. Because of that grudge, Pawan Mandal, Bhairo Mandal and Dinesh Yadav had abducted Anil Mandal with intention to kill him. On the basis of the statement Ex. PG made to ASI Balbir Singh, a formal FIR Ex. PG/2 was recorded by ASI Dalbir Singh.

(3.) COPIES of documents relied upon by the prosecution were supplied to the accused-appellants by the Illaqa Magistrate and the case was committed to the Court of Session vide order dated 18.8.2000 and an offence under Sections 302 read with Section 34 IPC and 201 IPC were made out against the accused- appellants. Charge under Sections 302/201 IPC read with Section 34 IPC was framed against the accused persons to which they pleaded not guilty and claimed trial.