- (1.) The following prosecution allegations were upheld by the learned Trial Judge, while convicting the appellants (Hardeep Singh and Amarjeet Singh) on a charge under Section 364-A of the Indian Penal Code.
(2.) Munish Singla, aged 9 years, was on the rolls of Akal Sahai Convent Senior Secondary School, New Janta Nagar, Ludhiana as a student of 4th standard. On 23.7.1998, at about 7.30 AM, he left for the school. At about 8.15 AM, an un-known person rang up his residence that he (Munish Singla) had been kidnapped and that a ransom of Rs. 2 lacs should be paid or else he would be done away with. For ascertainment of facts, PW 3 Viney Singla (an uncle of Munish Singla) went over to the school and found that Munish had not indeed reached the school. He tried to ascertain the whereabouts of Munish from people available there. One Hemant Kumar alias Happy Dhand informed him that he had spotted a white Maruti car, which did not bear any registration number, near the school at about 7.30 AM. That vehicle had 'Soni' inscribed on the rear screen and the vehicle was found moving in a suspicious manner. Hemant Kumar further informed that there were two occupants of the car out of which one was a dark complexioned Sikh boy aged about 20-21 years with the height of about 5'-8"; while the other was a young fair complexioned man, aged about 23-24 years with height of 5'9". That person was also supporting a Mullah type beard. Hemant Kumar further informed Viney Singla that former could identify them if they appeared before him. Viney Singla rang up the police by dialing telephone No.100 and notified the facts to the police. Thereafter, Viney Singla and his younger brother Ravi Singla (not examined at the trial) were on way to the Police Station when they came across SI Om Parkash near Pahwa Hospital. It is there that Viney Singla made statement Ex.PA to the police. Viney Singla and his brother Ravi Singla joined the police party headed by SI Om Parkash. The party went over to the canal bridge on Gill Road, Ludhiana, where another police party headed by Inspector Maninder Bedi was holding a Naka Bandi. Both the parties started moving along the canal bank towards Rara Sahib. When both the parties were at a distance of about 3 KMs from Rara Sahib towards Doraha, they spotted an unnumbered white Maruti car of the indicated description parked on the road side. The car was searched.
(3.) None was found available in the car. Inspector Bedi divided the force into two parties and a search of the canal side ditches started. In the course of the search, the appellants were found concealing themselves in the pushes. Munish Singla was found tied to a dry Tahli tree with the help of an old Patka.;