HARVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment, CRA-S-1809-SB-2003, CRR Nos.313 and 314 of 2004 arising from a common judgment passed by learned Additional Sessions Judge (Adhoc), Fast Track Court, Ludhiana dated 16.09.2003 shall stand decided. Appellant in the Criminal Appeal-Harvinder Singh @ Bindri has been convicted under Section 364 of the Indian Penal Code, sentenced to undergo imprisonment for a period of four years, to pay a fine of Rs.1000/- and in default of payment of fine, further undergo rigorous imprisonment for a period of three months whereas other accused i.e. Rulda Singh was ordered to be acquitted. These two revisions have been filed, one against judgment acquitting Rulda @ Ruldu Singh and second one for enhancement of the sentence awarded to Harvinder Singh.

(2.) Case set up by the prosecution is that complainant Gurcharan Singh had moved an application before Director General of Police and other senior officials of the Police Department by stating that he is resident of Village Mohoun, Tehsil Khanna, District Ludhiana. Harvinder Singh- appellant took Manjinder Singh (son of the complainant Gurcharan Singh) from his house on the pretext of getting a LPG gas cylinder refill but Manjinder Singh, thereafter, did not return and he has not been heard of till the filing of the complaint. It is further case of the prosecution that efforts to trace out him have failed. It has come to the knowledge of the complainant that both the accused namely Harvinder Singh and Rulda Singh alongwith Manjinder Singh had consumed liquor at Khanna and thereafter a scuffle took place between them. Several requests made to both the accused to provide information/whereabout of Manjinder Singh have not borne any fruits and instead they have threatened with dire consequences if he (Gurcharan Singh) ever raises the issue with the higher officers. On the basis of the aforesaid complaint, FIR was registered and investigated. After completion of investigation, final report under Section 173 Cr.P.C. was submitted to the Area Magistrate, who further committed the case to the Court of Sessions, assigned to learned Additional Sessions Judge (Adhoc) Fast Track, for trial. The Court found a prima facie case under Section 364 IPC against the accused. Accused were charge sheeted, to which they pleaded not guilty and claimed trial.

(3.) Prosecution in order to prove its case has examined PW1 Banarsi Dass who had registered formal FIR Ex.PA/1 and handed over investigation to ASI Mohinder Singh, PW2 who has stated that he conducted raids to search the accused and the missing boy Manjinder Singh. He further stated that he recorded statements of some of the witnesses on 13.09.2001 and 05.10.2001 and thereafter he arrested Harvinder Singh and Rulda Singh. PW3 ASI Jai Singh, another Investigating Officer has deposed that during investigation, statements of Surjit Singh, Bakhtawar Singh were recorded and efforts to trace out Manjinder Singh did not yield positive result.