Case: Harpal Singh @ Chhota Vs. State Of Punjab

1. The appellants, two out of the six persons, convicted under Sections 364A, 395, 412, 471, 120B IPC and the appellant-Harpal Singh @ Chhota in Criminal Appeal No.2539 of 2014 also under Section 25 of the Arms Act, hereby impeach the affirmation of their conviction by the High Court by the common impugned judgment and order dated 21.04.2014 rendered in a batch of appeals. Though eight persons including the appellants were indicted of the charges corresponding to the offences proved, one Gurinder Singh @ Ginda died during trial and Rupinder Singh was exonerated therefrom. Following their conviction on the aforementioned charges, the appellants and other similarly situated have been awarded sentences ranging from one year to imprisonment for life and fine commensurate therewith. It has been ordered that all the sentences would run concurrently.The records divulge that on 11.01.2008 at about 7.45 p.m., while Inspector/SHO of Nurmahal Police station was on patrol duty, he received a secret information that on 09.01.2008 at about 10/11 a.m., four persons had kidnapped one Gagan Mahendru son of Subhash Mahendru, resident of Mota Singh Nagar, Jalandhar in their Honda City car from near Preet Palace at gun point, most probably for extracting ransom. As the input disclosed offence under Sections 364, 364A/34 IPC r/w Sections 25/27/54/59 of the Arms Act, the information was forwarded to the police station for its registration and consequential steps.FIR No.10 dated 11.01.2008 under the afore-mentioned provisions of law, accordingly was registered with the Nurmahal Police Station and investigation was initiated, in course whereof, the statement of Gagan Kumar Mahendru as aforestated was recorded under Section 161 Cr.P.C. In his statement Gagan, who claimed to be the victim of kidnapping, stated that on 09.01.2008 Sukhmeet Singh @ Deputy, Gurinder Singh @ Ginda, Jasbir Singh @ Jassi etc. had kidnapped him, tied his hands and bundled him in the dickey of their car, with the dishonest intention of realising ransom and took him in the house of Rupinder Pal Singh from where he was released on 11.01.2008. He claimed to have identified the places where he had been kept captive and also the places to which he had been shifted in between.The statements of the victim and his father Subhash Mahendru were also recorded under Section 164 Cr.P.C. On pursuing the investigation, the police also visited the place from where the victim had been kidnapped. The Lancer car bearing No.PB- 08-BA-4700 of the victim was found parked outside Hotel Taj, Jalandhar which was recovered and handed over to him. The accused persons were arrested between 16.01.2008 and 23.01.2008 and the following mobile phones were recovered from their possession:Sukhmeet Singh @ Deputy(appellant in Crl. Appeal No. 388 of 2015)98553-64086Gurinder Singh @ Ginda98148-81082Jatinder Singh @ Sappi98151-58151Jasvir Singh @ Jassi -98151- 58161Harpal Singh @ Chhota(appellant in Crl. Appeal No. 2539 of 2014)98760-87794Harpreet Singh @ happy.98158- 54784Surinder Singh @the basis of disclosure statements made by appellant Sukhbir Singh @ Deputy a sum of L 25 lakhs and a point .32 revolver belonging to the victim, Honda City Car bearing number HR 16F 7337 lying concealed, as well as two iron chains with which Gagan, the victim had been tied were recovered by the investigating agency.On the same day, Gurinder Singh @ Ginda also suffered a disclosure statement following which an amount of L 11 lakhs was recovered from his room. Similar disclosure statements were also made by Jatinder Singh @ Jatin, Jasvir Singh @ Jassi and Harpal Singh @ Chhota, acting whereupon, huge amounts of cash were recovered together with a country made pistol with live cartridges.On 22.01.2008 and 23.01.2008, as well disclosure statements were made by Harpreet Singh @ Happy and Surinder Singh @ Manga and pursuing the same, several lakhs of currency notes were recovered from the almirah/room of these persons along with one Qualis car bearing number PB 10 AY 4144 said to have been used by the appellant Sukhmeet Singh @ Deputy, in the commission of the crime.Noticeably, the Honda City car recovered bore engine number 30125 765 and chassis number 377271 standing in the name of one Deepak Bhiwani, s/o Raj Singh Bhiwani, resident of Bhiwani and was of model 2007, as disclosed by the registration certificate found inside the vehicle. The documents recovered also disclosed that the insurance policy of the car stood in the name of Deepak Bhiwani issued on 18.11.2007. Further from the dicky of the car, a driving licence of the victim Gagan Kumar was also retrieved along with one small roll of tape, one scissor and one black colour rope.Investigation divulged that the Hona City car did bear fake number HR 16 F 7337 which was stolen in the intervening night of 30.11.2007/01.12.2007 from Delhi and for which FIR number 255 dated 01.12.2007 was registered with Rajinder Nagar Police Station. Though the Engine number and the chassis number did match, the actual registration number was DL 4C AH 4492.On the completion of the investigative drill, charge-sheet under Sections 364A, 392, 395, 397, 412, 465, 467, 468, 471, 474, 120B IPC and Sections 25/27 of the Arms Act was laid against the accused persons. As hereto before stated, Gurinder Singh @ Ginda died during the trial and the accused Rupinder Pal was acquitted by the trial court. The other co-accused Prabhijit Singh @ Sonu could not be arrested and was declared a proclaimed offender. The investigation however revealed that his mobile number 94636-12914 had been used in the commission of the offence.4. Charges were framed against the accused persons including the appellants under the above Sections of law to which they pleaded not guilty, whereafter the prosecution examined 27 witnesses. The accused persons in the course of their statements under Section 313 Cr.P.C. stood by their denial of the charge. While the appellant Sukhmeet Singh alleged political vendetta to frame him in the case and that the police had raided his house and had forcibly lifted L 25 lakhs which belonged to his father Jarnail Singh and was arranged by him for the purchase of land, the others generally, but consistently imputed false implication in the offence. Fourteen witnesses were also examined in defence. The Trial Court on an assessment of the evidence on record, to reiterate, convicted the appellants and their co-accused under the above mentioned sections of law. By the verdict assailed in the instant appeals, the conviction and sentence recorded by the Trial Court have been sustained.

Reasoning:
12. Be that as it may, on an overall assessment of the entire gamut of evidence, we are of the comprehension that the charges against the accused persons including the appellants stand proved beyond reasonable doubt even sans the call details. To reiterate, the gravamen of the imputations levelled against them is that of conspiracy and abduction of the victim pursuant thereto for ransom by detaining him under the threat to cause death or hurt and thereby to compel his father to meet theirwould be patent from the above excerpt that qua a charge of conspiracy, it is not necessary that all the conspirators should know each and every detail of the plot so long as they are co-participators in the main object thereof and it is also not necessary that all of them should participate from the inception of the stratagem till the end, the determinative factor, being unity of object or purpose and their participation at different stages. Such is therefore the encompassing sweep of culpability of an offence of conspiracy, if proved, even from the established attendant circumstances.14. Having regard to the proved facts and the state of law, adverted to hereinabove, we are of the considered view that the prosecution has been able to prove the charges levelled against the appellants. Both the courts below have analysed the evidence in the correct perspectives and in the face of the conclusions recorded on the different aspects of the imputations levelled against them, we are of the opinion that no interference is called for with the impugned judgment of conviction and sentence recorded against them.