A.N.JINDAL,J - (1.) THIS judgment disposes of two Criminal Appeals No. 178-DB of 2004 and Criminal Appeal No. 191-DB of 2004 preferred against the judgment of conviction and sentence dated 30/31.1.2004 passed by Additional Sessions Judge, Faridabad, whereby accused-appellants namely Surender Kumar, Tarun Kumar, Dharmender Singh and Raghbir Singh (hereinafter referred to as 'the accused') were convicted under Sections 384/452/364-A read with Section 120-B IPC and accused Dharmender Singh and Raghbir Singh were also convicted under Section 25 of Arms Act. The accused were sentenced as under :- Surender Kumar, Tarun Kumar, Dharmender Singh and Raghbir Singh U/s 364-A/120-B IPC : To undergo rigorous imprisonment for life and to pay fine of Rs. 3000/- each. In default of payment of fine to further undergo rigorous imprisonment for six months each. U/s 384/120-B IPC : To undergo rigorous imprisonment for three years. U/s 452/120-B IPC : To undergo rigorous imprisonment for three years and to pay fine of Rs. 2000/- each. In default of payment of fine to further undergo rigorous imprisonment for six months each. Dharmender Singh and Raghbir Singh : U/s 25 Arms Act : To undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/- each. In default of payment of fine to further undergo rigorous imprisonment for six months each.
(2.) ALL the substantive sentences were ordered to run concurrently. The factual matrix of the case is that on 24.10.2001 at about 2.30 PM, when Amolak Raj Chopra along with his wife Sushila, grand son Anmol Mani Chopra and grand daughter Saloni were watching TV at their house, then three young boys, out of them, one was holding pistol entered the house. The boy with the pistol, put the same on the neck of Amolak Raj Chopra and remaining two boys dragged Anmol Mani Chopra outside the house and took him in a car forcibly. Tarun Kumar accused (who was later on identified) was waiting the aforesaid three accused in a car No. HR51-6566. The boys ran away along with Anmol Mani Chopra, aged about 12 years in the aforesaid car. Amolak Raj Chopra could read number of the car as 6566 and the remaining number could not be read as it was covered under mud. After few minutes Amolak Raj Chopra received a telephonic call not to inform about the occurrence to any body and to arrange for Rs. 20 lacs. He was also threatened that in case he informed the police, then Anmol Mani Chopra would be done to death. On the basis of the aforesaid statement Ex.PA, FIR Ex.PA/1 was registered at Police Station, Central, Faridabad.
(3.) AFTER recording FIR Ex.PA/1, at about 3.30 PM on 24.10.2001, Narender Kumar, In-charge Police Post, Sector 28, Faridabad came in action. In the meantime Amolak Raj Chopra informed his son Rajan Chopra who also reached the house along with his wife. The I.O. along with the police party and Satpal Chopra and Amolak Raj Chopra went in search of Anmol Mani Chopra (hereinafter referred to as 'kidnapee'). When they reached near the bridge of village Itmadpur, then Tarun Kumar, while driving the Maruti zen car bearing No. HR51 H 6566, grey colour, was seen coming from the opposite side. Investigator apprehended him and took the aforesaid car into possession vide memo Ex.PF. As intimated by Tarun Kumar, the police party proceeded to the Tilpat suiting range jungle where Parveen Kumar was found sitting on culvert and he on seeing the police party escaped. The name of Parveen Kumar was disclosed by Tarun Kumar accused. The police party further sighted two boys along with Anmol Mani Chopra sitting in the pitch near bushes who were identified as Raghbir Singh resident of Bali Nagar and Dharmender Singh son of Partap Singh resident of Gujjar Nagar. Amolak Raj Chopra identified all the three persons i.e. Raghbir Singh, Dharmender Singh and Parveen Kumar as the kidnappers. The kidnapee was recovered from their custody. On search of Raghbir Singh, Katta .315 bore Ex.P1 containing one cartridge Ex.P2 was recovered from his possession which was taken into possession vide recovery memo Ex.PB. On 25.10.2001, accused Tarun Kumar and Dharmender Singh were interrogated. During interrogation Tarun Kumar got recovered the mobile phone Ex.P5, vide recovery memo Ex.PJ. Accused Dharmender Singh got recovered the spring actuated knife Ex.P6 which was taken into police possession vide recovery memo Ex.PK. Accused Parveen Kumar was arrested in the presence of Amolak Raj Chopra. Both the accused disclosed that Surender Kumar was also their co-accused and further told that Surender Kumar had pointed out the house of Amolak Raj Chopra. Both Surender Kumar and Parveen Kumar were arrested in pursuance of statement under Section 27 of Evidence Act. Parveen Kumar got recovered .315 bore pistol Ex.P2/1 which was taken into possession vide separate recovery memo Ex.PN.;