Murder Reference No.1 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Date of decision: 30.5.2008 State of Punjab ...Appellant Versus Vikram Singh @ Vicky Walia and others ...Respondents CORAM: Hon'ble Mr.Justice Uma Nath Singh. Hon'ble Mr. Justice A.N.Jindal. Present: Mr.A.S.Jattana, Addl.AG, Punjab. Mr.H.S.Gill, Sr.Advocate , with Mr.R.K.Dhiman, Advocate, for complainant. Mr.Vinod Ghai Advocate, for the respondents. ... UMA NATH SINGH, J. This judgment shall also dispose of connected Criminal Appeal No.105-DB of 2007, filed by accused-appellants as both the matters arise out of the judgment dated 20/21.12.2006 passed by learned Sessions Judge, Hoshiarpur, in Sessions Trial No.24 of 3.9.2005 (Sessions Case No.11 of 19.4.2005), holding all the accused appellants guilty of offences on four counts, namely, under Section 302 IPC, Section 364A IPC, Section 201 IPC, and Section 120-B IPC, and sentencing them as follows: Murder Reference No.1 of 2007 2 Name of the Accused Convicted under Section Sentence Imposed Vikram Singh @ Vicky 302 IPC death. -do- 364A IPC death. -do- 201 IPC RI for seven years. -do- 120-B IPC RI for seven years. Jasvir Singh @ Jassa 302 IPC death. -do- 364A IPC death. -do- 201 IPC RI for seven years. -do- 120-B IPC RI for seven years. Sonia 302 IPC death. -do- 364A IPC death. -do- 201 IPC RI for seven years. -do- 201 IPC RI for seven years. -do- 120-B IPC RI for seven years. As per prosecution case, on 14.2.2005, deceased Abhi Verma @ Harry, a minor boy aged about 16 years and a student, son of a Goldsmith of Hoshiarpur, Ravi Verma (PW27), was kidnapped and done to death in diabolical and dastardly manner by accused appellants Vikram Singh @ Vicky, his friend Jasvir Singh @ Jassa, and Sonia wife of Jasvir Singh by hatching a criminal conspiracy with each other. At about 8.45 AM, on the date of occurrence, i.e., 14.2.2005, pursuant to an anonymous call on telephone giving information about kidnapping of a child which was received by SI Nirmal Singh (PW39), SHO, Police Station City, Hoshiarpur, FIR (Ex.PXXX) was recorded for kidnapping of a child from a place near `Shimla Pahari'. SI Jiwan Kumar (PW43) of CIA Staff, Hoshiarpur also received information and instruction known as `questy' about kidnapping of the boy, which activated the police machinery. The same day, father of the kidnapped child Ravi Verma (PW27) also received a call on his telephone number 226059 installed in the name of his father in his shop at 12.00 AM informing him that his son has been kidnapped and in case he wanted his son to return alive, he should make arrangement for payment of a ransom amount Murder Reference No.1 of 2007 3 of Rs.50.00 lacs. When Ravi Verma (PW27) requested the caller that he be allowed to have access to his son over phone to have a talk with him first, he was told that his son was at some distance and he would be permitted to have talk with him later. However, the caller did not forget to reiterate the demand for immediate arrangement of Rs.50.00 lacs while holding same threat regarding safe return of his son. The caller also told Mr.Verma that they would contact him again. Thereafter, Ravi Verma (PW27) went to DAV School where his son was studying and then came to know that his son had not reached the school on that day. Thus, on verification of that information, Ravi Verma (PW-27) became confident that his son has been kidnapped for money.After SI Jiwan Kumar (PW43) took over the investigation of the case, he went to Shimla Pahari Chowk situated in the area of Hoshiarpur City, where he met Ravi Verma (PW27), father of the kidnapped child, around 12.30 noon, and recorded his statement (Ex.PWWW). He made an endorsement (Ex.PWWW/1) on the statement, and the offence under Section 364 IPC was converted in to one under Section 364A IPC (kidnapping for ransom etc.), an aggravated form of offence. The I.O. directed Ravi Verma (PW27) to arrange an ID Caller with Tape Recorder and connect it with the telephone in his shop, and wait for further call of kidnappers so that they could be arrested. Ravi Verma (PW27) went to his shop after arranging ID caller equipment with tape recorder, which was connected with his telephone number 226059. It was only at 4.00 PM in the afternoon that he received a call on the telephone from mobile number 98147-83418 when the kidnapper asked him as to whether he made arrangement for ransom amount. Ravi Verma told that he was in the process of doing it. The kidnapper again did not fail to reiterate the earlier threat that in case Ravi Verma Murder Reference No.1 of 2007 4 (PW27) wanted his son to be alive, then he should make arrangement for money immediately. Ravi Verma gave the same answer that he was in the process of arranging the money. Then the caller in a threatening tone told him that he should arrange the money forthwith in case he wanted his son to be alive. Again at 7.00 PM in the evening, Ravi Verma (PW27) received a call from the kidnapper from the same mobile number, who asked him to open his mobile phone and talk. He thereafter received another call from the kidnapper on the same landline phone installed in his shop, who asked him as to why he had not switched on his mobile phone. Then witness Ravi Verma told the kidnapper that he was not carrying his mobile phone with him in the shop and that he had already sent a boy to his house for bringing it. Thereafter, the kidnapper abused him by using filthy language and threatened him with dire consequences saying that in case he took any panga causing them trouble, then they would take such panga that he would repent. The kidnapper further told him that the police had come to his house and the SSP had also come to meet him. Then Ravi Verma (PW27) told the kidnapper that he was not concerned with those matters and the SSP had not come to meet him. He told the kidnapper to disclose the place where he was to bring the ransom amount. The kidnapper told him that he would inform him the place on phone. Ravi Verma (PW27) again received a call from the kidnapper asking him to switch on mobile after going outside his shop. On mobile number 98726-44201 of Ravi Verma (PW27), the kidnapper told that there was clamour all over in the town and also warned him against indulging in any mischief. Ravi Verma then repeatedly assured him that he was not concerned with that activity and he only wanted his son to be back. The kidnapper, however, repeated the same threat but now in absolute clear Murder Reference No.1 of 2007 5 terms that in case he played any mischief then he would not be able to see even the dead body of his son. Thereafter, Ravi Verma (PW27) being helpless kept on waiting for further call from the kidnappers, but such call was never received again after the last call had been made by them at 8.00 PM in the evening. Cassette (Ex.P25), of the conversation which was got recorded by Ravi Verma (PW27) through tape recorder connected with his telephone, was produced before SI Jiwan Kumar (PW43). The cassette was played on another tape recorder and the conversation between the complainant and the kidnapper was heard by the police. The cassette was made into a parcel, sealed with the seal `JK' and then taken into possession vide Ex.PUU. During the course of investigation, it came to the notice of the police that one Naresh Kumar Sharma (PW3), resident of U Enclave Bahadurpur, Hoshiarpur, while being inside his house at 7.15 AM on the date of kidnapping, heard the rings of call bell of his house. He saw that accused appellant Vikram Singh @ Vicky, who was accompanying his wife (Mrs. Sharma) came into his bed room and touched his feet. Accused Vikram Singh @ Vicky being a friend of his son Mukul Sharma used to visit Mr.Sharma's house off and on. The accused told him that it was cold weather and in the morning hours he has come on motorcycle, therefore, he was feeling cold. He requested Naresh Kumar Sharma to give his car for some time for going to Jahankhelan. He (PW3) gave his Alto Car of miami colour (gray) bearing No.PB-07-M-5023 to the accused. The accused parked his motorcycle inside the house of Mr. Sharma and pushed off in the car. Mr.Sharma then went to attend his office in the bank, but at about 10.00 AM or 10.15 AM, when he enquired from his wife about his car, he was told that the accused had returned the car (Ex.P4) at about 10.00 AM, Murder Reference No.1 of 2007 6 and taken back his motorcycle (Ex.P5). Statement of Naresh Kumar Sharma (PW3) was recorded vide Ex.PA under Section 164 Cr.P.C. on 21.2.2005 since his car was suspected to have been used in the commission of offence. During investigation of the case, it also came to the notice of the police that on 14.2.2005 at about 8.40 AM in the morning, one Satish Kumar (PW19) having a shop known as New Delux Bakers and Confectioners situated at Shimla Pahari Chowk, Hoshiarpur, while standing outside his shop after opening its shutter, heard the noise like: `bachao bachao' and then saw an Alto Car of silver gray colour (Ex.P4) without a number plate coming from the side of DAV School at a very high speed in which he also saw one foot of someone emerging outside the car, and that car moved towards Bahadurpur Chowk. The owner of shop 'Laxmi Steel' situated opposite his shop informed the police about the incident from his (PW19) telephone which was installed in his shop. On the same day, i.e., 14.2.2005, one Amit Chohan (PW24), a relative of the complainant, having learnt about kidnapping of the child Abhi Verma at Kartarpur in T.V. news, decided to break his journey and return to Hoshiarpur from Kartarpur via Kishangarh and Adampur. While returning in his car, when he reached near village Daulatpur, just 300/400 yards ahead towards Adampur, he saw a Chevrolet Car of black colour lying parked near the road side in a direction facing Daulatpur and ahead of the cars one motorcycle of silver colour (Krizma -Ex.P5) was also standing parked. When he reached parallel to that car (Ex.P3), and while crossing it, he heard some whispering therein, in the car the next day, on 15.2.2005 he came to know that deceased Abhi Verma has been murdered, and his dead body was found lying in the fields of village Daulatpur. During the course of investigation, SI Jiwan Kumar (PW43) also met one Baljit Kumar Saini (PW13) on 14.2.2005 at 11.15 Murder Reference No.1 of 2007 7 PM and recorded his statement in Clock Tower Police Station City at 11.55 PM, the same day, who disclosed that one Alto Car of gray colour in which the kidnapped boy was made to sit was parked at about 8.30 AM in the morning in his locality. As he was standing near the main gate of his house in wait for the auto rickshaw to carry children of his relative, who had come to his house, to school, he noticed the car with a mark 'V' in black colour standing nearby with its engine on. He also noticed that accused appellant Vikram Singh @ Vicky was sitting on driver's seat and in the meantime, Abhi Verma, deceased child, came along with accused appellant Jasvir Singh. Accused Jasvir Singh sat on the back seat of the car and then Abhi Verma sat near him. At that time, the deceased was carrying a bag and wearing school uniform. Accused appellant Vikram Singh @ Vicky drove away the car towards DAV School and that car was later identified as Ex.P4. A rough sketch of the place where from the minor boy had been kidnapped was prepared vide Ex.PDDD. Adding another link to the chain of circumstances in prosecution case, in the night of 14.2.2005 at about 10.00 PM, accused Vikram Singh @ Vicky was also seen going to Jalandhar on main road on his motorcycle (Ex.P5) while being followed by Chevrolet Car (Ex.P3) which was driven by accused appellant Jasvir Singh @ Jassa, and his wife co-accused appellant Sonia was noticed sitting on the front seat on the side of driver's seat. Accused Jasvir Singh was identified by Amit Jain (PW18). Manohar Lal (PW30) was also associated with investigation of the case. He was with police party headed by SI Jiwan Kumar (PW43). The police party encircled the kothi (house) owned by one Darshan Kaur (father's sister of accused Jasvir Singh) situated in Mohalla Milap Nagar, Hoshiarpur. The main gate of that building was opened by a Murder Reference No.1 of 2007 8 Constable after scaling the wall. The police party along with Manohar Lal (PW30), thus, went inside the drawing room of the kothi and saw accused appellant Vikram Singh @ Vicky and Jasvir Singh @ Jassa present there. Seeing the police, they tried to run away but they were over powered and arrested. The lights of the kothi were switched on. In the courtyard in rear side of the kothi, on opening back door of the drawing room, co-accused Sonia was seen burning some clothes after pouring alcohol in an iron bathal with the help of a match box. She was arrested with the help of a lady police constable. The clothes which had been put on fire were, however, retrieved and recovered after putting out the fire. In the back side of courtyard of the house, one bathal (iron), one half burnt shirt of white colour, one half burnt pant of blue colour, one school bag having copies and books, one bottle of liquor mark Macdowl XXX Rum, and some burnt match sticks were found. On search of the first floor of that kothi, i.e., room on the garage, one pair of shoes of black colour, one belt, one iron karra, one blanket of double bed, one envelope of new spice quicky card, one sim-card-which after checking was found to have connection with Mobile Phone No.98147-83418, some burnt match sticks and cigarette buds, one nylon string of blue colour of the length of 6-7 feet and one bottle of chloroform having batch No.N4-3379- 640 V with some contents were taken into possession vide memo (Ex.POO), after Finger prints expert (PW25) had completed his exercise of checking prints on these articles, and developed the finger prints lifted from the chloroform bottle. S.I. Kashmir Singh (PW-29) of FSL, Phillaur, was also summoned who took photographs of the prints developed from the impressions noticed on and lifted from chloroform bottle, and bottle of XXX Rum Macdowal No.1 containing some quantity of rum. One motor Murder Reference No.1 of 2007 9 cycle 'Krizma Hero Honda' of Silver Grey colour bearing No.PB-07 Temp.P.-200 was standing which was taken into possession from the garage in the kothi. All the aforesaid articles were recovered vide Ex.POO on 15.2.2005. During interrogation of accused appellant Jasvir Singh @ Jassa, he suffered a disclosure statement that he and his wife Sonia and Vikram Singh @ Vicky have kept concealed the dead body after wrapping it in a bed sheet, which was carried in Chevrolet car No. B-08(T)-AL-1718 by placing the same in the dicky of the said car, in the field of Javi near village Daulatpur and they could get the same recovered by pointing out the place. His disclosure statement was reduced into writing vide Ex.PFFF. Accused appellant Vikram Singh @ Vicky and co-accused appellant Sonia also made similar disclosure statements, which were reduced into writing vide Ex.PEEE and Ex.PDDD, respectively. Towards the disclosure statements suffered by the accused appellants, they led the police party to the specified place and got the recovery of naked dead body of deceased Abhi Verma wrapped in bed sheet effected from the southern side of the field of Javi crop. The dead body was taken into possession vide memo (Ex.PGGG). Photographer Harjinder Singh (PW10) was called, who took photographs of the dead body lying in field of Javi crop, 15 ft. away from the metalled road. After conducting inquest of the dead body vide report (Ex.PAAA), the dead body was sent for postmortem examination vide request letter (Ex.PXX) issued by Jiwan Kumar (PW43), through HC Om Parkash and Constable Jasbir Singh to Civil Hospital, Jalandhar. The accused persons also disclosed about concealing of Alto and Optra Chevrolet cars during interrogation. They led the police party to residence of Naresh Kumar Sharma (PW3) of U Enclave, Bahadurpur, Hoshiarpur, where Alto car was Murder Reference No.1 of 2007 10 parked under the porch. Finger Prints Expert Gurdip Singh (PW25) and Kashmir Singh (PW29), reached the kothi of Naresh Kumar Sharma (PW3). Gurdip Singh (PW25) developed finger prints by spraying power while Kashmir Singh (PW29) took photographs of the same. They examined Alto car (Ex.P4) and noticed some finger prints on looking mirror in front of driver's seat and some on back side number plate of the car. The police party then proceeded to katcha toba where one Chevrolet car (Ex.P3) was parked in front of house of one Subhash Kapoor. The Finger Prints Expert (PW25) examined the car and found presence of finger prints on backside looking mirror of driver side and dicky of the car. The impressions developed by the Finger Prints Expert (PW25) were photographed by SI Kashmira Singh (PW29), Photographer of the Finger Prints Bureau, Phillaur. Finger Prints Expert (PW25) handed over his report (Ex.PKK) to the I.O. for further necessary action. The I.O. (PW43) also searched the car. From the dash board of the Alto car, RC of car No.PB-07-M-5023 (Ex.P1) was recovered, and from underneath the adjoining seat on driver's side, one purse of black colour (Ex.P34) containing passport size photograph of Abhi Verma (Ex.P35), five photographs of religious Gurus, and a currency note of Rs.50/- (Ex.P36), and two applications for grant of leave by Abhi Verma @ Harry (Ex.PDD and Ex.DE) were recovered and taken into possession by the police vide recovery memo (Ex.PLL). Rough site plan of the place of recovery of the Alto Car (Ex.PEEE) and a rough site plan with correct marginal note of place of occurrence and sites of recoveries in the kothi of Darshan Kaur (Ex.PFFF) were also prepared. Afterwards, a rough site plan of the place of recovery of the dead body as pointed out by the accused persons (Ex.PGGG) was also drawn. After recording of statements of Murder Reference No.1 of 2007 11 witnesses, the accused led the police party alongwith finger prints experts to Mohalla Katcha Toba and got the car Optra Chevrolet (Ex.P-3) recovered from that area by pointing out. The car was taken into possession vide recovery memo (Ex.PMM) after examination of the same by the Finger Prints Experts. RC (Ex.P2) of the car was recovered from its dash board and the car was found to be registered in the name of accused Vikram Singh @ Vicky. On further search of the car, from underneath the driver's seat, one black colour pouch with label of Capital Bank (Ex.P44) containing visiting card of accused Jasvir Singh was recovered, and taken into possession. On the card, mobile No.98159-50604 was written. From mat of the car and its dicky, soil along with kachra were lifted with the help of vacuum cleaner and recovered. The soil from mat was taken in a separate polythene bag; reduced into parcel, and sealed with seal `JK', while kachra (dust) from dicky alongwith dust bag of vacuum cleaner was put into another parcel and sealed with seal `JK' after putting the same in paper envelope. The site plan (Ex.PXXXX) of the place of recovery with correct marginal note was prepared, and taken into possession vide separate memos (Ex.PHHH and Ex.PJJJ). These memos were duly attested and statements of witnesses were also recorded. The case properties were deposited intact with MHC Kewal Singh and before that, clothes of the deceased and other recovered articles like school bag etc. were got identified by witness Ravi Verma, father of the deceased. The accused were produced before concerned Area Judicial Magistrate, and were remanded to police custody. Arrests of the accused were effected vide arrest memos (Ex.PJJJJ, Ex.PJJJJ/1 and Ex.PJJJJ/2). Personal search of accused Vikram Singh, Jasvir Singh and Sonia was conducted vide search memos Ex.PJJJJ/3 to Murder Reference No.1 of 2007 12 Ex.PJJJJ/5. From personal search of accused appellant Vikram Singh @ Vicky, mobile phone Nokia-6600 (Ex.P45) with sim-card No.98729-99442 and one mobile phone of Motorola make (Ex.46) with sim-card No.98729- 99441 along with Rs.25/- in cash were recovered. IMEI numbers of these phones were also noted down. From personal search of accused appellant Jasvir Singh @ Jassa, one mobile phone Motorola-350 bearing No.98727- 12538 (Ex.P47) was recovered from front pocket of his shirt and Rs.35/- from back pocket of pant and taken into possession vide memo (Ex.PJJJJ/4).As regards personal search of accused-appellant Sonia, vide recovery memo (Ex.PJJJJ/5), one machine made golden chain alongwith golden locket, two golden rings (one ring of small size and another of big size), one silver ring studded with stone, and one silver singhi in black thread were recovered and taken into possession. On 15.2.2005, postmortem examination on the dead body of deceased Abhi Verma @ Harry was conducted by Dr.(Mrs.) Gurinder Chawla (PW28) with a team of two other doctors. On an application (Ex.PXX), vide endorsement (Ex.PXX/1), Dr.Ranbir Singh formed a Medical Board consisting of Dr.Gurinder Chawla, Dr.K.S.Bawa, and Dr.Raman Gupta, to perform autopsy of the dead body of deceased Abhi Verma @ Harry. The dead body of deceased Abhi Verma was identified by Sanjiv Verma and Ram Lal Jaura. It was brought from the house of Darshan Kaur. Police papers were received at 2.05 PM on 15.2.2005, which contained the date and time of death as 1.30 AM on 15.2.2005. The postmortem was conducted at 2.30 PM on 15.2.2005. The Board of Doctors, as above, examined the dead body and conducted Post Mortem examination giving all necessary details in that regard, as contained in the evidence of Dr.Mrs.Gurinder Chawla Murder Reference No.1 of 2007 13 (PW-28), as under: “The length of body was 180 cm. It was well built and well nourished body of a young male stained with mud all over, wearing gray coloured underwear, black socks, red cloth around the feet tightly tied with a blue coloured rope, black thread around the neck, 4” wide sticking plaster tightly bound over the mouth and extending all around the back of neck. Rigor mortis and postmortem staining were present. Both the nostrils were full of thick sticky material and mouth was full of vomitus. Oesophagus contained semi digested food. There was no ligature mark on the neck. Larynx and trachea were congested and contained fine frothy fluid. Face was suffused. Lips were swollen. Two pin point brown coloured marks on lateral side of right buttock. Injuries: 1. 3x2 cm abrasion over the right cheek, 2 cm from right nostril. 2. 0.75 x 1 cm abrasion just above the lip on the right side. 3. Reddish contusion around 7 mm (tie marks) present around both the wrists and ankles. 4. Multiple small abrasions were present on outer aspect of fingers of right hand. Meninges and brain were congested. Lungs were congested. On dissection of lungs, frothy blood fluid oozed out. Blood was present on both sides of heart. A piece of heart and lungs was sent for chemical examination in bottle No.I and sample of blood from heart was sent in bottle No.VI and the sample of preservative was sent in bottle No.V. Stomach and its contents were sent in bottle No.III. And loops of small and large intestines were sent in bottle No.IV and piece from liver, Murder Reference No.1 of 2007