- (1.) BY way of this judgment, I shall dispose of CRA -S - 430 -SB of 2009 titled "Amrik Singh @ Ballu vs. State of Punjab", CRA -S - 274 -SB of 2009 titled "Avtar Singh @ Raju vs. State of Punjab" and CRA -S -2510 -SB of 2008 titled "Hardip Singh vs. State of Punjab" as these are the off shoot of same judgment dated 3.12.2008 passed by the Sessions Judge, Gurdaspur and involve adjudication of identical questions of fact and law.
(2.) THE story of the prosecution, in brief, is that Ajit Singh PW, a resident of village Pandori and grand father of the prosecutrix made a statement that Massa Singh, his son is staying in Dubai. The family members of Massa Singh are residing in a newly built house in village Ghoman. Massa Singh has two children, elder is a daughter (the prosecutrix herein) and younger one is a son namely Sharanjit Singh. The prosecutrix at the time of occurrence was 18 -19 years old and a student of class 12 in Central College for Women, near Bariar. Sharanjit Singh was a student of 10th class in Madam Pannu's School, Ghoman.
(3.) ON 18.2.2006, Ajit Singh PW was present in his house. The prosecutrix and her brother Sharanjit Singh were waiting for the bus on the road side. In the meantime, the accused came there on motor cycle bearing registration No. PB -18E -6977 driven by accused Amrik Singh. Amrik Singh asked the prosecutrix to sit on the motor cycle by pointing pistol towards Sharanjit Singh and intimidating that if she did not sit on the motor cycle, Sharanjit Singh would be killed. Amrik Singh and Avtar Singh took the prosecutrix along with them by forcibly making her to sit on the motor cycle. Hardip Singh followed them on foot. Sharanjit Singh came to Ajit Singh PW and narrated the occurrence. Ajit Singh left his son Lakhwinder Singh and grand son Sharanjit Singh to have an eye on the house of accused Amrik Singh and approached the police and suffered the statement, on the basis whereof, formal FIR was registered in the concerned police station. The investigating officer went to the spot i.e. house of accused Amrik Singh and joined Sharanjit Singh and Lakhwinder Singh with the police party. Hardip Singh and Avtar Singh accused ran away after jumping from the roof of the house but were indentified by Lakhwinder Singh and Sharanjit Singh. Amrik Singh accused in an attempt to escape, jumped from the roof of the house but broke his leg. He was apprehended and found to carry a .30 bore pistol in his right 'dub'. From right side pocket of the pants worn by him, 12 live cartridges were recovered. The pistol and the cartridges were taken into police possession through seizure memo. On search of house of accused Amrik Singh, the prosecutrix was recovered from a room which was locked from outside. Motor cycle bearing registration No. PB -18E - 6977 was taken into police possession. Site plan of the place of recovery of prosecutrix was prepared. The prosecutrix was sent for medical examination and accused Amrik Singh was admitted in the hospital. Avtar Singh was arrested on 22.2.2006.;