DEVINDER SINGH @ BILLA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of the Sessions Court, whereby they have been convicted of offences, under Sections 395 and 342 read with Section 34 IPC and Section 25 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/- for offence under Section 395 read with Section 34 IPC and in default of payment of fine to undergo simple imprisonment for thee months; to undergo rigorous imprisonment for six months for offence under Section 342 read with Section 34 IPC; and to undergo simple imprisonment for three years and a fine of Rs.1,000/- for offence under Section 25 of the Arms Act and in default of payment of fine to undergo simple imprisonment for two months, the appellants have filed the present appeal seeking the reversal of the order of conviction and sentence. Whether the reporters of the local papers may be allowed to see the Judgment?

(2.) FIRST , the prosecution version may be summed up. On 5.3.2005, an Indica Car No.HP-20B-1005 owned by Ramesh Mehta, a resident of Una, was hired by two of the appellants, namely Rajinder Singh alias Kuki and Sajjan Singh, for going to village Jhungia. When the vehicle was taken to the Petrol Pump for filling fuel, four more persons, including the three other appellants, namely Devinder Singh, Bikram Jit Singh and Mohammad Rashid, boarded it. Thereafter, the vehicle proceeded towards village Jhungia with PW- 10 Surinder Kumar its driver in the driver's seat. On the way, the vehicle was got stopped by one of the appellants, as he wanted to vomit. Two other appellants also alighted to urinate. One of the appellants then asked the driver to take out the bottle of water from the car. When he was taking out the bottle, one of the appellants placed the barrel of a country made pistol on his head and another appellant placed another pistol on his abdomen and asked him to sit on the rear seat of the car. One of the appellants then started driving the car. Two of the appellants placed two country-made pistols on two sides of the abdomen of driver PW-10 Surinder Kumar and threatened him that in case he raised alarm, he will be shot dead. Finally, the vehicle was taken towards Naina Devi road and it was stopped in the forest about 2-3 Kms. ahead of a place known as Kolan Da Toba. That was a lonely place. The driver of the car was made to de-board it. He was taken to the forest. There his hands and feet were tied and then he was tied to a tree. In fact, the appellants wanted to kill him, but on his pleading with them for sparing his life as he was a poor driver, they took pity on him. They left the place threatening that in case he lateron identified them or lodged a report with the Police, he will be done to death. The appellants then left in the car. The driver managed to untie himself from the tree but he could not undo the knots of rope binding his hands and feet. Somehow or the other, he reached the road-head. Two persons riding a motorcycle happened to pass along the road. The driver requested them to untie the knots of the rope. They helped the driver to free himself. The driver then made a call to the owner of the car, namely PW-1 Ramesh Mehta, who immediately informed the Police. Next day, the driver was taken to Police Station, Una, where the case was registered.

(3.) THE case was committed to the Sessions Court. It came to be tried by the Additional Sessions Judge, who on the conclusion of the trial acquitted the appellants of the offence under Section 420 read with Section 34 IPC, but convicted and sentenced them for the remaining three counts of charge, as aforesaid.