H.S. Bhalla, J. - (1.) This appeal is directed against the judgment dated 31.3.2004 passed by Additional Sessions Judge, Patiala, whereby he convicted appellants Vinod Kumar, Raj Kumar and Jatinder Singh under Ss. 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life each and they were ordered to pay a fine of Rs. 1000/ - each; in default thereof, they were further directed to undergo rigorous imprisonment for a period of six months each. They have been convicted under Sec. 364 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years each and they were ordered to pay a fine of Rs. 1000/ - each; in default thereof, they were further directed to undergo rigorous imprisonment for a period of six months each. They were further convicted under Sec. 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each and they were ordered to pay a fine of Rs. 500/ - each; in default thereof, they were further directed to undergo for a period of three months each. The sentence of each appellant on each count was ordered to run concurrently.
(2.) A synoptical resume of the prosecution case is as under: On 9.3.2000 Dharam Pal son of Shish Ram, resident of village Jhill, district Patiala came to Police Station Sadar, Patiala and moved an application to the Station House Officer disclosing therein that he is the son of Shish Ram and is resident of village Jhill, district Patiala. Desh Raj is his younger brother, who was the sole proprietor of M/s Hari Om Rice Mill, village Hasanpur, Sirhind Road Patiala. The District Food and Supply Controller, Patiala did not allot any paddy for keeping in the sheller of his brother Desh Raj for the year 19992000 and for this reason, his brother filed a writ petition before the High Court and this Court, vide order dated 8.12.1999, had passed an order for allotment of paddy. Thereafter, District Food and Supply Controller, Patiala, allotted paddy of Markfed to the sheller of his brother, but District Manager, Markfed, Shri H.S. Bains, did not allot paddy despite the orders passed by this Court and in consequence thereof, his brother Desh Raj moved a Contempt of Court Petition before this Court. After the arguments in the Contempt of Court Petition was heard and the decision in the matter was reserved, his brother Desh Raj had been receiving threats from the Rice Millers and Shri H.S.Bains, District Manager, Markfed. The said persons had sworn that Desh Raj is not to be allotted even a single bag of paddy. District Manager, Markfed, was also having a grouse that Des Raj had given an affidavit in the High Court for demanding Rs. 5 lacs as bribe and that the Rice Millers and the officers are bent upon to malign the reputation and business of Desh Raja. Intimation to this effect was given to higher police officers through telegrams and registered letters. His brother Desh Raj had also given intimation to the Chief Minister, Punjab, Secretary Food and Supply and other higher officers that 85000 bags of paddy have been placed in the premises of M/s Jai Naina Rice Mills, Alipur -Sirhind Road, Patiala, with the connivance of District Manager, Markfed, whereas the total storage capacity was of 45000 bags and on account of this, they have full belief that his brother Desh Raj had been kidnapped in connivance with S/Shri Ashwani Kumar, Field Officer, Markfed Patiala, H.S.Bains, District Manager, Markfed, Patiala, Gian Chand Bhardwaj and Rishi Goyal from the side of Rice Shellers. It has been alleged that on 7.3.2000 at about 5.00 P.M., his brother Desh Raj had departed from his car for Samana and village Todarpur, but he did not come back in the night. On 8.3.2000 they searched for Desh Raj in their relations, but to no effect. On 8.3.2000 they went to village Todarpur, where Joginder Singh son of Chanan Singh, resident of village Todarpur told them that Desh Raj had left for his house at about 8.45 P.M. on the same night. On 9.3.2000 when they searched for Desh Raj in Patiala and in the surrounding areas, they found the car of Desh Raj parked near sheller of village Hardashpur and no other person concerning Desh Raj was present in the car and finally, he disclosed that Desh Raj had been kidnapped consequent to the conspiracy hatched in connivance with S/Shri H.S. Bains, Ashwani Kumar, Gian Chand and Rishi Goel and his brother Desh Raj is in their possession.
(3.) On the basis of the aforesaid complaint, formal FIR No. 174 dated 9.3.2000 under Ss. 365/34 of the Indian Penal Code was registered in Police Station Sadar Patiala. Thereafter, investigation was conducted by the Punjab Police. However, complainant Dharam Pal moved a petition before this Court that the investigation in this case be entrusted to the Central Bureau of Investigation. During investigation, it was found that Desh Raj had left his house on 7.3.2000 at about 5.00 P.M. for Samana and village Todarpur by his car, but he did not come back.;