I N THE HI GH COURT OF PUNJAB v. St at e of Haryana

passedby Shri Naresh Kum ar I earned Addit ional Sessions Judge411 Bhiwani vide which t he appealpreferredby t he accusec revisionist s againstt he j udgm entdat ed 11 12005 and order of sent ence dat ed 121 05 passedby Shri Mahender Singh I earned Sub Divisional Judicial Magist rat eLoharu holdingt hem guilt yunder Sect ion 365 of t he 1ndian PenaI Code n short t he IPCl and t o undergorigorousim prisonm entfor a periodof 2Vz years and t o pay each for t he com m ission of t he oHence punishable JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document Anit a 2013.03.25 13: 10 True Scanned Copy Of The Original PHHC,Chandigarh a fine of Rs001 m 0 C 0 I Z C I ot j 7 Z 401 Crim inal Revision Nl 220 of 2009 2 under Sect ion 365 I PC I n default of paym entof fine t hey were direct ed t o furt her undergoim prisonm entfor fift een days was dism issecl The brief fact s of t he prosecut ioncase are t hat 71998 ASl Saj j anSingh along wit h ot her police officials was present at Railway Chowk checkingwhere Loharu rout ine pat rollingand one Anil Kum ar m et him and got recorded his st at em ent alleging t herein t hat t here was a hearingin case FI R No133 dat ed 261 998 under Sect ion 365 I PC Police St at ion Loharu in t he Court at Loharu He cam e t o appear in t he said case alongwit h Mahender and his m at ernal uncle Harbagh At about 1 1 O al his coaccused Mandroopcam e and t ook him out of Court Cam pus where a j eepbearingregist rat ionN02CG7997 m ake Com m ander alreadypresent at t he road wherein Mashiyaalias Rishiaya Shiv Lal Aj it Mahabir and Om Parkash were sit t ing They st art ed beat inghim wit h slaps and fist s On hearinghue and cry som e persons st andingt here t hrew st ones on t he j eep but t he driver aft er put t ingt he j eep in m ot ion sped it away t owards Raj ast hat Aft er coveringdist ance of about half kilo m et er near RailwaycrossingSuraj garhroad when t he j eep becam e slow due t o speed breaker t hen he m anagedt o escape aft er get t ing him self freecl The m ot ive behind his abduct ion was pendencyof I it igat ionof accused wit h Surender Singh Sarpanchand his son On t he basis of aforesaid st at em ent t he inst ant case regist ered St at em ent s of t he Pws were Anit a 2013.03.25 13: 10 True Scanned Copy Of The Original PHHC,Chandigarh recorded Accused were arrest ed Aft er JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 402 Crim inal Revision No220 of 2009 3 com plet ionof invest igat ionchallan against t he accused present edfor t rial On appearance of t he pet it ionersin t he Coun copiesof t he docum ent s were suppliedt o t hem under rules Findinga prim afacie case chargeunder Sect ion 365 of t he I PC was fram ed againstt he pet it ionerst o which t he pet it ioners pleadednot guilt yand claim ed t rial Prosecut lot l t o bring hom e guilt of t he exam ined DrRaj Karan PWe1 l Mahender PW 0 C X C5 Z Man SinghPW31 ASl Saj j anSingh PW41 I nspect orRam Rat t an as PVVSI and HarbhajPWm 61ManojKum ar and t he evidence was I ot l m Z t l closed byt he Public Prosecut or The pet it ionerswere exam ined under Sect ion 313 CrC and all t he incrim inat ingevidence was put t o t hem They denied t he allegat ionsand pleadedt heir innocence The pet it ionerst endered docum ent s in defence The I earned t rial Court held t he pet it ionersguilt yunder Sect ion 365 oft he I PC and sent enced t hem as narrat ed above The pet it ionerst hereaft er filed appeal before I earned Addit ional SessionsJudge Bhiwani who findingno m erit t herein dism issed t he sam e vide j udgm entdat ed 452009 St ill feelingdissat isfied wit h t he above said j udgm ent sof convict ion t he preferredt he inst ant reviSI on pet it ion Anit a 2013.03.25 13: 10 True Scanned Copy Of The Original PHHC,Chandigarh 1 have heard I earned counsel for t he pet it ionersand t he JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 403 Crim inal Revision No1220 of 2009 4 0 C X C5 I Z L I ot l Z I l I earned St at e counsel and have gone t hrought he records of t he The I earned counsel for t he revisionist has subm it t ed t hat t he com plainantin t his case has not been exam ined t houghon account of his deat h The m ot ive for t he occurrence has not been proved The independent who were presentat t he t im e of allegedoccurrence has not been exam inecl The t est im onyof Mahender PW2I t he guiltof t he revisionist s and Harbhaj V61 is not sufficient t o conclude have carefullyconsidered t he said subm ission but do not find any force in t he sam e Com plainanthas died priort o t he exam inat ion and as such his nonexam inat lon is not fat al t o t he prosecut ioncaselahender Pl21 and Harbhaj N8I have supponedt he case t he prosecut ionon all m at erial part icularsand t hey have been cross exam ined at I engt hbut not hingcould be broughton t he file t o discard t heir sworn t est im ony A suggest ionhas been putt o HarbhajPV 61t hat t is correct t hat bot h t he part ieshave severe t ypeof enm it yl So lt cannot be said t hat m ot ive was not t here for kidnappingt he Bot h t he Court s below have givena concurrent finding regardingguilt of t he accused and no groundfor int erference in t hat concurrent findingregardingguiltof t he accused is m ade out There were correspondinginj urieson t he bodyof t he com plainantwhich I end furt her suppot tt o t he prosecut ionversion Anit a 2013.03.25 13: 10 True Scanned Copy Of The Original PHHC,Chandigarh Learned counsel for t he revisionist s has subm it t ed t hat JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 404 Crim inal Revision No 1220 of 2009 5 t m 0 0 C X 0 I Z I V Z t here is a delayin I odgingt he FI R and in t hat case prosecut ionI S 1 doubt ful have carefullyconsidered t he said argum ent sbut do not find any force ThI s aspect of t he case has been dealt in by bot h t he Court s belowThe delayst ands fullyexplainedin t he circum st ances m ent ioned So said argum ent I S wit hout any subst ance Learned counsel for t he revisionist s has furt her subm it t ed ingredientof t he offence under Sect ion 365 I PC arenot m adeout I t I S subm it t ed t hat t here is no allegat iont hat com plainantwas kidnappedand abduct ed wit h int ent ion t o cause him secret lyand wrongfullyconfinem ent So in view of aut horit yin Dhian Singh VS St at e of Puniab 2000141 RCR I Crim inall 414 t he revisionist s cannot be convict ed under Sect ion 365 I PC have carefullyconsidered t he said subm ission also but do not find any force Anil Kum ar has cat egoricallyst at ed t hat t here was enm it y bet ween t he part iesand t he accusedevisionist s have forciblyt aken him The int ent ion of t he revisionist s was sim plyt o secret lyand wrongfullyconfined him So it cannot be said t hat Sect ion 365 I PC I S not m ade out The aut horit yI ll Dhian Sinqhs case supral not helpfult o t he pet it ionersrat her is dist inguishableon t he fact s of t he presentcase Anit a 2013.03.25 13: 10 True Scanned Copy Of The Original PHHC,Chandigarh Last ly I earned counSeI for t he pet it ionershas subm it t ed JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 405 Crim inal Revision N1220 of 2009 6 4 t hat six persons have been sent enced t o undergot wo and half years rigorousim prisonm ent The occurrence relat es t o t he year 1998 prayerhas been m ade for reduct ion in sent ence have carefullyconsidered t he said subm ission Since t he occurrence relat es t o t he year 1998 and t he pet it ionersare undergoingprot ract edt rial so t he sent ence under Sect ion 365 1PC st ands reduced t o one year inst ead of 21z years as awarded byt he t rial Court VVit h t he m odificat ion l t he sent ence t he revI SI On pet it ionst ands disposedof accordingly A copy of t his j udgm entbe sent t o t he t rial Court for st rict com pliance Oct obeo 2009 1 JUDGE m 1 0 C X 0 I Z I 08 7 Z Qm I e 1r 1I J JY Pvl b Anit a 2013.03.25 13: 10 True Scanned Copy Of The Original PHHC,Chandigarh I JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document