- (1.) THIS judgment shall dispose of Crl. Appeals No. D -799 -DB of 2011, D -796 -DB of 2011, D -890 -DB of 2011, D -894 -DB of 2011, D -973 - DB of 2011 and D -1085 -DB of 2011, filed by accused/appellants Sukhmeet Singh @ Deputy, Jatinder Singh, Harpreet Singh, Surinder Singh @ Manga, Jasvir Singh @ Jassi and Harpal Singh @ Chhota respectively, challenging the judgment and order dated 4.8.2011, passed by learned Additional Sessions Judge, Fast Track Court, Jalandhar, vide which accused/appellants have been convicted under Section 364 -A of the Indian Penal Code (in short 'IPC') and sentenced to undergo rigorous imprisonment for life each and to pay fine of Rs. 1,000/ - each, in default thereof, to further undergo rigorous imprisonment for six months each. Accused/appellants have also been convicted under Section 120 -B IPC and sentenced to undergo rigorous imprisonment for three years each and to pay fine of Rs. 200/ - each, in default thereof, to further undergo rigorous imprisonment for three months each. Accused/appellants have also been convicted under Section 395 IPC and sentenced to undergo rigorous imprisonment for seven years each and to pay fine of Rs. 500/ - each, in default thereof, to further undergo rigorous imprisonment for six months each. Accused/appellants have also been convicted under Section 471 IPC and sentenced to undergo rigorous imprisonment for one year each and to pay fine of Rs. 200/ - each, in default thereof, to further undergo rigorous imprisonment for three months each. Accused/appellant Sukhmeet Singh @ Deputy has also been convicted under Section 412 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 500/ -, in default thereof, to further undergo imprisonment for six months. Accused/appellant Harpal Singh @ Chhota has also been convicted under Section 25 of the Arms Act in FIR No. 14 and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/ -, in default thereof, to further undergo rigorous imprisonment for six months. All the sentences have been directed to run concurrently.
(2.) THE present case was registered on the basis of secret information received by Satish Kumar, Station House Officer, Police Station Noor Mahal, on 11.1.2008 (Ex.PX), in which it was recorded that an informer had informed the SHO that on 9.1.2008, at about 10:00/11:00 AM, four persons riding in a milky colour Honda City car kidnapped one boy Gagan Mahendru son of Subhash Mahendru, resident of Mota Singh Nagar, Jalandhar, on the road leading from Jandiala to Jalandhar from a place near Preet Palace at pistol point. It might be possible that the kidnapping had been made with intention to demand ransom. Since the information was credible, FIR No. 10, dated 11.1.2008, under Sections 364, 364 -A/34 IPC and Section 25/27 of the Arms Act was registered at Police Station Noormahal.
(3.) ON 12.1.2008, police approached Gagan Kumar and recorded his version under Section 161 of Code of Criminal Procedure (in short 'Cr.P.C.'). Gagan Kumar disclosed that he alongwith his father is doing the business of real estate. About 15/20 days back, he received a telephonic call from a person, who told him that they are sitting in his office and wanted to show him property measuring 21/2 killas, situated in Jandiala, which stands in the name of his aunt (mausi), who is living in a foreign country. Gagan Kumar replied to the caller that they may contact his father, on which the caller replied that they are not able to contact his father on phone. Therefore, they have contacted him. Upon this, Gagan Kumar told him that he would fix a programme to see the property. Next day, Gagan Kumar received a phone call, asking him to fix a date for the meeting. Then, Gagan Kumar asked them to meet him next day at 9:00 AM. Next day, Gagan Kumar alongwith his friend Chetan Chopra reached the scheduled place outside Taj Hotel near Baradari (Jalandhar City). Then, three persons wearing caps came in an Innova car, which they parked adjacent to the car of Gagan Kumar and asked both of them to sit in their car. As Gagan Kumar refused to sit with them, two persons boarded his car and sat on the rear seat of their car. Then, they showed them the site of colony adjacent to the Preet Palace. He (Gagan Kumar) was further told by the said persons that their aunt (mausi) will arrive within 3/4 days. They demanded Rs. 7 lacs per acre and demanded a total sum of Rs. 80 lacs. After seeing the property, his (Gagan's) friend Chetan Chopra had offered the said persons to drop them at their house, but they refused and alighted near Jandiala bank. Thereafter, several times, Gagan Kumar received calls from the said persons on his mobile. Gagan Kumar also kept calling them on the same number in connection with the deal of the said property. However, he (Gagan Kumar) was told by the said person that his wife is pregnant. Later on, Gagan Kumar was told by the said person that his wife has given birth to a baby boy and as such, they were celebrating and they also invited Gagan Kumar to join the party. Gagan Kumar refused as his son was sick and was admitted in the hospital. Thereafter, the said persons asked him about the address of the hospital. After a few days, the said persons called Gagan Kumar and asked him as to whether his son got discharged from the hospital and also asked Gagan Kumar to fix programme to meet their aunt (mausi). Thereafter, the said persons informed Gagan Kumar that they had gone to Delhi to collect the luggage of their aunt (mausi) as she had forgotten her bag in the Delhi airport. Thereafter, Gagan Kumar told them to call back whenever they get free. After a few days, Gagan Kumar again called them on the same mobile number, which was found switched off. Then, Gagan Kumar sent them a text message. On 8.1.2008, in the afternoon, Gagan Kumar received a phone call from the said persons saying that they will fix the deal for tomorrow and inquired whether Gagan Kumar is free and was asked to meet them at 8:30 AM. Gagan Kumar was further told to meet them alone as his friend Chetan Chopra seems to be very clever to them and may spoil the deal. Then, on 9.1.2008, at about 8:15 AM, Gagan Kumar received a call asking him to meet at the place where the property is situated. Gagan Kumar was requested to come soon. Thereafter, Gagan Kumar, after informing his father, proceeded to Jandiala at about 9:00/9:15 AM. After half an hour, he reached the site in his Lancer car, bearing No. PB -08 -BA -4700. After reaching Jandiala, Gagan Kumar called the said persons and inquired about their whereabouts, who told Gagan Kumar that they are about to reach with their aunt (mausi). After about 2/3 minutes, the same two persons came and parked the car in the colony and boarded his car. One person sat on front seat adjacent to him and second person sat on the rear seat. After one minute, a Honda City car, mouse grey colour, came very swiftly and halted near the car of Gagan Kumar. 4/5 persons alighted from the car wearing monkey caps. The person sitting on the rear seat of the car aimed his pistol on the ear of Gagan Kumar and threatened him to remain silent, otherwise he would kill him. The person standing outside the car, opened the window and overpowered Gagan Kumar. The person sitting on the front seat of the car aimed his pistol on the stomach of Gagan Kumar and pulled out the keys of his car. They also snatched the licensed revolver from the fold of Gagan Kumar. As Gagan Kumar resisted, he was threatened to be killed, if he does not remain silent. Rs. 15,000/ - and a mobile phone were forcibly snatched from him. A tape was applied on his mouth and the limbs of Gagan Kumar were tied with rope. Gagan Kumar was then put in the dicky of the car, despite request of Gagan Kumar that he may die of suffocation. He was threatened and thereafter, the dicky was locked. Then, the said assailants kept on roaming. During travel, they were addressing themselves as Ginda and Jaggi. Then, they halted the car and after tearing the cloth of rear seat, they arranged his (Gagan Kumar's) conversation with his father on mobile speaker and Gagan Kumar then narrated the whole incident to his father and told him that he may be killed. Gagan Kumar further told his father that the assailants were armed with weapons and that they have also snatched his revolver. Gagan Kumar's call was disconnected and he was threatened not to speak in excess. In the meanwhile, they (kidnappers) were talking on the phone and addressing each other in the names of Deputy Bhaji and Sonu Bhaji during the telephone conversation. Thereafter, they halted the car at some unidentified place and pulled Gagan Kumar out from the dicky and took him to a room. There was one bed and TV in the room, with which the bathroom was attached. Thereafter, the assailants made a call to somebody on the phone by addressing Deputy Bhaji and Sonu Pahalwan. Thereafter, they tied the hands of Gagan Kumar with chain and blind folded him. All the assailants muffled their faces with monkey caps.;