T.P.S.MANN,J - (1.) THE appellants were tried by Additional Sessions Judge, Sangrur for an offence under Section 364 IPC with the allegations that on 22.2.1989 at 6.00 p.m. they along with others kidnapped Mohinder Singh PW-3 so that he might be murdered. Vide judgment and order dated 20.7.1994, the trial Court convicted the appellants for the said offence and sentenced them to undergo RI for one year and to pay a fine of Rs. 1,000/- each. In default of payment of fine, the convict concerned was required to undergo further RI for three months.
(2.) HENCE , the present appeal. As per the FIR lodged at the instance of Teja Singh PW-6 on 22.2.1989, he along with Niranjan Singh, Ajaib Singh, Gurdev Singh and Mohinder Singh PW-3 was putting loose soil at the site of pond, being constructed in the Gurdwara premises, with the help of a tractor to level it. At about 6.00 p.m., a jeep belonging to Jasdev Singh appellant, reached there, which was being driven by Mohinder Singh appellant. Jasdev Singh and Pargat Singh, while accompanied by five nihangs were sitting in the said jeep. All of them alighted therefrom. They caught hold of Mohinder Singh PW-3 and dragged him to the jeep. Teja Singh and others, who were present there, lodged a protest but nobody listened to them. The accused then left towards village Ganauri Kalan, while taking Mohinder Singh PW-3 with them in their jeep. It was stated by Teja Singh informant that Mohinder Singh PW-3 was kidnapped by the accused with an intention to kill him. It was also stated in the FIR that Mohinder Singh being granthi of the Gurdwara was constructing a pond adjoining the Gurdwara after making collection from the villagers but the accused including the present appellants were annoyed over it. The statement Ex. PC of Teja Singh was recorded by SI Baldev Singh PW-8 on 22.2.1989 at 8.10 p.m. at bus stand, Sherpur. Ruqa was thereafter sent to the Police Station, where formal Ex. PC/2 was recorded at 8.30 p.m., the same evening.
(3.) IMMEDIATELY thereafter, SI Baldev Singh started the investigation and made a search for the accused person. On the next day, he recovered Mohinder Singh PW-3 from a Gurdwara at Sangrur. Statements of PWs were recorded under Section 161 Cr.P.C. Rough site plan Ex. PF of the place from where Mohinder Singh PW-3 was recovered, was prepared. Another rough site plan Ex. PG was prepared of the place from where Mohinder Singh was kidnapped. On 25.2.1989 the appellants were arrested in the case. Jeep No. RRK-5023 was taken into possession vide recovery memo Ex. PE. After completion of the formalities, SI Baldev Singh presented the challan.;