{"id":60472,"date":"2008-08-11T00:00:00","date_gmt":"2008-08-10T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/inderbir-singh-vs-state-of-punjab-on-11-august-2008"},"modified":"2016-09-04T10:01:18","modified_gmt":"2016-09-04T04:31:18","slug":"inderbir-singh-vs-state-of-punjab-on-11-august-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/inderbir-singh-vs-state-of-punjab-on-11-august-2008","title":{"rendered":"Inderbir Singh vs State Of Punjab on 11 August, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Inderbir Singh vs State Of Punjab on 11 August, 2008<\/div>\n
Crl. Appeal No. 162-SB of 1996                               1\n\n\nIN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH\n\n                            *****\n                            Crl. Appeal No. 162-SB of 1996\n                            Date of decision : 11.8. 2008\n\n                            *****\n\n\nInderbir Singh\n                                     ............Appellant\n\nVersus\n\n\nState of Punjab\n                                    ...........Respondents\n\n                            *****\n\nCORAM: HON'BLE MR. JUSTICE JORA SINGH\n                            *****\nPresent:   Mr. P.S Hundal, Senior Advocate with Mr. R.S Sidhu,\n           Advocate for the appellant.\n\n           Mr. P.S Grewal, AAG, Punjab.\n                            *****\n\nJORA SINGH, J.\n<\/pre>\n
           This single judgment of mine will dispose of Criminal<\/p>\n
Appeal No.162-SB of 1996 filed by Inderbir Singh and Criminal<\/p>\n
Revision No.473 of 1996 filed by Jarnail Singh against impugned<\/p>\n
judgment\/order dated 12.1.1996 passed by Additional Sessions<\/p>\n
Judge, Amritsar in Sessions case No.1 of 1994 bearing First<\/p>\n
Information Report No.129 dated 14.11.1993 registered under<\/p>\n
Sections 364\/307\/34 IPC at Police Station `B’ Division, Amritsar.<\/p>\n
           Vide impugned judgment\/order, Inderbir Singh, appellant-<\/p>\n
accused was convicted under Sections 363\/323 IPC and was<\/p>\n
sentenced to undergo Rigorous Imprisonment for four years and to
\n Crl. Appeal No. 162-SB of 1996                          2<\/span><\/p>\n
pay a fine of Rs.1000\/- under Section 363 IPC. In default of payment<\/p>\n
of fine, he was directed to further undergo Rigorous Imprisonment for<\/p>\n
three months. He was further sentenced to RI for six months under<\/p>\n
Sections 323 IPC.       Both the sentences were ordered to run<\/p>\n
concurrently.    Jarnail Singh through the instant revision petition<\/p>\n
requested to set aside the judgment\/order and sentence the<\/p>\n
appellant-accused under Section 364\/307 IPC.<\/p>\n
           Prosecution story, in brief, is that Jarnail Singh,<\/p>\n
complainant, is the father of Kamaldip Singh.     On 14.11.1993, at<\/p>\n
about 10:00 A.M,      betrothal ceremony of the sister’s son of the<\/p>\n
complainant was being celebrated at Swaran House, Sultanwind<\/p>\n
Road, Amritsar. Family members of the complainant including his<\/p>\n
son Kamaldip Singh aged about 6 years were present to attend the<\/p>\n
ceremony. Jaswant Singh, brother-in-law of the complainant and his<\/p>\n
sister, Jaspal Kaur and his son-in-law Sukhdev Singh had also<\/p>\n
attended the ceremony. Inderbir Singh and his friend, Buta Singh<\/p>\n
were also present at Swaran house to attend the ceremony.         At<\/p>\n
about 3:00 P.M, when the complainant-party was to take their meals,<\/p>\n
they enquired about Kamaldip Singh, but he was not traceable.<\/p>\n
Complainant-party came out of the Swaran house and then sighted<\/p>\n
the accused, Inderbir Singh and Buta Singh while carrying Kamaldip<\/p>\n
Singh on the moped.     Moped was driven towards Sultanwind Road,<\/p>\n
Amritsar. Complainant and his son-in-law, Sukhdev Singh suspected<\/p>\n
foul play and had followed the accused but failed to apprehend them.<\/p>\n
There was business rivalry amongst the complainant and the<\/p>\n
accused party.     Due to business rivalry, Kamaldip Singh was
\n Crl. Appeal No. 162-SB of 1996                          3<\/span><\/p>\n
abducted by the accused with a motive to cause harm to them. At<\/p>\n
5:30 P.M, complainant lodged report with the police. His statement<\/p>\n
was recorded.      Statement was read over and explained to the<\/p>\n
complainant, who signed the same in token of its correctness.<\/p>\n
During night time also, Kamaldip Singh could not be traced. On the<\/p>\n
next date, complainant along with the police party was present near<\/p>\n
the Bus Stand of Gurudwara Baba Deep Singh. Accused were seen<\/p>\n
while waiting for the bus.       Accused were arrested and were<\/p>\n
interrogated. Accused suffered disclosure statements separately to<\/p>\n
the effect that after causing injuries to Kamaldip Singh, he was<\/p>\n
thrown in the bushes and trees in between the Chatiwind canal and<\/p>\n
minor. In pursuance of the disclosure statements Ex.PB and Ex.PC,<\/p>\n
Kamaldip Singh was got recovered.       Wounds were noted on the<\/p>\n
person of Kamaldip Singh. Kamaldip Singh was taken to hospital<\/p>\n
where he was medically examined.           On 16.11.1993, he was<\/p>\n
produced before the Magistrate and his statement was recorded.<\/p>\n
Rough site plans with correct marginal notes of the place of<\/p>\n
occurrence as well as of the place of recovery of the child were<\/p>\n
prepared. Statements of the witnesses were recorded.<\/p>\n
             After the completion of the investigation, challan was<\/p>\n
presented.\n<\/p>\n
             Copies of the challan were supplied to the accused and<\/p>\n
the same were found to be correct after scrutiny.<\/p>\n
             Vide order dated 3.1.1994 passed by Judicial Magistrate,<\/p>\n
Ist Class, Amritsar, the case was committed to the Court of Session<\/p>\n
for trial.\n<\/p>\n
 Crl. Appeal No. 162-SB of 1996                           4<\/span><\/p>\n
            After hearing learned Public Prosecutor for the State and<\/p>\n
the defence counsel for the accused, trial Court opined that a prima<\/p>\n
facie case is made out to frame charge under Sections 364\/307\/34<\/p>\n
IPC. Charge was accordingly framed to which the accused did not<\/p>\n
plead guilty and claimed trail.\n<\/p>\n
            In order to substantiate the charge, prosecution examined<\/p>\n
PW-1, Jarnail Singh, PW-2, Sukhdev Singh, PW-3, Harjit Singh, PW-<\/p>\n
4 Kamaldip Singh, PW-5 Ashok Kumar, Head Constable, PW-6, Dr.<\/p>\n
Rattanjit Singh, PW-7, Gurbax Singh, Inspector.<\/p>\n
            PW-1, Jarnail Singh and PW-2, Sukhdev Singh, on oath,<\/p>\n
stated that they along with their relatives and Kamaldip Singh were<\/p>\n
present at Swaran House on 14.11.1993 at about 10:00 A.M.<\/p>\n
Kamaldip Singh was six years old. Inderbir Singh and Buta Singh<\/p>\n
were also present to attend the ceremony. At about 3:00 P.M, when<\/p>\n
they were to take their meals, then enquired about Kamaldip Singh,<\/p>\n
but he was not found. Then they came outside the Swaran House.<\/p>\n
Inderbir Singh and Buta Singh were seen while going on a moped<\/p>\n
with Kamaldip Singh.     Accused had gone towards the Sultanwind<\/p>\n
Road, Amritsar. They made an effort to apprehend the accused, but<\/p>\n
they could not be apprehended.      In the evening at about 5:30 P.M,<\/p>\n
they lodged a report Ex.PA in the police Station. The statement was<\/p>\n
read over and explained to Jarnail Singh. He signed the same in<\/p>\n
token of its correctness.     During night time, they failed to trace<\/p>\n
Kamaldip Singh. On the next date, they along with the police party<\/p>\n
were present near the Bus-stand of Gurudwara Baba Deep Singh.<\/p>\n
There both the accused were sighted while waiting for the bus.
\n Crl. Appeal No. 162-SB of 1996                          5<\/span><\/p>\n
Accused were arrested and were interrogated.      As per disclosure<\/p>\n
statements, suffered by the accused, Kamaldip Singh was got<\/p>\n
recovered. Injuries were noted on the person of Kamaldip Singh.<\/p>\n
They had business rivalry with the accused.         Due to enmity,<\/p>\n
Kamaldip Singh was abducted.\n<\/p>\n
           Kamaldip Singh also appeared as PW-4 and stated on<\/p>\n
oath that he was present at Swaran House to attend the engagement<\/p>\n
ceremony. He was taken away by the accused on a moped.<\/p>\n
           PW-3, Harjit Singh, Principal, Shaheed Baba Partap<\/p>\n
Singh, Memorial High School, Sultanwind Road, Amritsar, on oath<\/p>\n
stated that Kamaldip Singh was the student of Shaheed Baba Partap<\/p>\n
Singh Memorial High School. Date of birth certificate of Kamaldip<\/p>\n
Singh as per admission register is 21.9.1987.\n<\/p>\n
           PW-5, Ashok Kumar, Head Constable stated          that on<\/p>\n
18.11.1998, he was with the party of SI, Gurbax Singh.       Inderbir<\/p>\n
Singh was interrogated.   As per disclosure statement suffered by<\/p>\n
Inderbir Singh, moped was recovered.\n<\/p>\n
           PW-6, Dr. Rattanjit Singh had medico-legally examined<\/p>\n
Kamaldip Singh on 15.11.1993 at 9:15 P.M. Injuries were noted on<\/p>\n
the person of Kamaldip Singh. But injuries were found to be not<\/p>\n
dangerous to life.\n<\/p>\n
           PW-7, Gurbax Singh, Inspector is the Investigating officer<\/p>\n
who had recorded the statement of the complainant and had<\/p>\n
apprehended the accused.       Accused were interrogated and in<\/p>\n
pursuance of the disclosure statements, Kamaldip Singh was<\/p>\n
recovered. Kamaldip Singh was got medically examined.
\n Crl. Appeal No. 162-SB of 1996                            6<\/span><\/p>\n
           After close of the prosecution evidence, statements of the<\/p>\n
accused were recorded under Section 313 Cr.P.C. Accused denied<\/p>\n
all the allegations of the prosecution and pleaded to be innocent.<\/p>\n
           Defence version of the accused was that Kamaldip Singh<\/p>\n
was not abducted by them. Case was registered due to professional<\/p>\n
rivalry.\n<\/p>\n
           In defence, DW-1, Manmohan Singh was examined.<\/p>\n
Manmohan Singh, on oath, stated that complainant is his real uncle.<\/p>\n
Jarnail Singh deals in the manufacturing of Shatranj. His father also<\/p>\n
carries on the same business. They were being pressurized by the<\/p>\n
complainant not to carry on the business of Shatranj independently<\/p>\n
but to carry on the business under his control. On 14.11.1993, he,<\/p>\n
along with his father, brother, Inderbir Singh and brother’s wife were<\/p>\n
arrested by the police. Moped was also taken into police possession.<\/p>\n
Buta Singh was already present in the police station. False case was<\/p>\n
registered. Story qua abduction of Kamaldip Singh is false. Security<\/p>\n
proceedings were initiated at the instance of the complainant. They<\/p>\n
were discharged in the proceedings.\n<\/p>\n
           After hearing learned Public Prosecutor for the State and<\/p>\n
defence counsel for the appellant-accused, trial Court opined that<\/p>\n
appellant-accused had committed an offence punishable under<\/p>\n
Section 363\/323 IPC and was sentenced to undergo imprisonment<\/p>\n
as aforesaid.\n<\/p>\n
           Defence counsel for the appellant-accused submitted that<\/p>\n
story is not natural    one.   There are number of discrepancies.<\/p>\n
Presence of the witnesses is doubtful. Occurrence had taken place
\n Crl. Appeal No. 162-SB of 1996                           7<\/span><\/p>\n
in the month of November 1993. At that time, appellant was 23 years<\/p>\n
old. Appellant-accused remained in custody for about 8 months. If<\/p>\n
the learned Court is of the opinion that the crime was committed then<\/p>\n
the appellant may be directed to undergo imprisonment already<\/p>\n
undergone.\n<\/p>\n
           Learned counsel for the State argued that discrepancies<\/p>\n
are not fatal.     Discrepancies occur with the passage of time.<\/p>\n
Presence of the witnesses at the time of occurrence is natural.<\/p>\n
           First submission of the learned counsel for the appellant-<\/p>\n
accused was that presence of the witnesses at the time of<\/p>\n
occurrence is not natural.       Secondly, there are number of<\/p>\n
discrepancies.\n<\/p>\n
           I have gone through the evidence on file and of the<\/p>\n
opinion that the discrepancies are not material rather occurred with<\/p>\n
the passage of time.     Presence of the witnesses at the time of<\/p>\n
occurrence is natural. PW-1, Jarnail Singh stated that he came out<\/p>\n
of the Swaran House then sighted the accused while taking away his<\/p>\n
son on a scooter. PW-2, Sukhdev Singh stated on oath that while<\/p>\n
attending the engagement ceremony of his cousin at Swaran House,<\/p>\n
at about 3:00 P.M, Kamaldip Singh was found missing. They tried to<\/p>\n
locate him but he could not be traced. He then sighted the accused<\/p>\n
while taking away the boy. He also admitted that Kamaldip Singh<\/p>\n
migh have been abducted by the accused.         Occurrence is dated<\/p>\n
14.11.1993.      Witnesses appeared in Court after the expiry of<\/p>\n
sufficient period. Appellant-accused is related to the complainant-<\/p>\n
party.   Appellant-accused and the complainant-party had gone to
\n Crl. Appeal No. 162-SB of 1996                          8<\/span><\/p>\n
attend engagement ceremony.        No case of the appellant-accused<\/p>\n
that he had not gone to attend the ceremony.\n<\/p>\n
           Defence version of the appellant-accused is that due to<\/p>\n
professional jealousy, he has been falsely implicated in this case.<\/p>\n
But there is nothing on the file that complainant-party had<\/p>\n
professional jealousy with the appellant-accused. Boy aged about 6<\/p>\n
\u00bd years was abducted.          If complainant-party had professional<\/p>\n
jealousy, then, injuries could easily be caused to the appellant-<\/p>\n
accused. Two injuries were noted on the person of minor boy i.e, an<\/p>\n
abrasion on the front side of neck and second abrasion on the left<\/p>\n
side of the neck. Appearance of discrepancies rather shows that<\/p>\n
story is natural one because no human being can recollect all the<\/p>\n
facts which had happened much earlier.         When a small child is<\/p>\n
abducted, then close relatives are not supposed to be implicated by<\/p>\n
leaving the real culprit. Jarnail Singh, PW-1, and Sukhdev Singh,<\/p>\n
PW-2 had attended the function.         Appellant-accused had also<\/p>\n
attended the function. Boy was found missing from Swaran House.<\/p>\n
At the time of taking meals, the family members of Kamaldip Singh<\/p>\n
tried to locate him but he was found missing.      Complainant-party<\/p>\n
came out of the Swaran House, then sighted the accused while<\/p>\n
taking away the minor boy.       No other relation had appeared in<\/p>\n
defence to state that complainant-party and the appellant-accused<\/p>\n
did not attend the function.\n<\/p>\n
           DW-1, Manmohan Singh on cross-examination admitted<\/p>\n
that ring ceremony of Raju was performed in Swaran house. Inderbir<\/p>\n
Singh had also attended the function. Complainant-party had also
\n Crl. Appeal No. 162-SB of 1996                            9<\/span><\/p>\n
attended the function. Regarding abduction of Kamaldip Singh,<\/p>\n
information was given by the elder brother of Jarnail Singh. On the<\/p>\n
same day, police party came to know about the recovery of boy. Boy<\/p>\n
was also brought to the police Station.      Complaints were sent to<\/p>\n
higher authorities, but no complaint on the file. Lastly, stated that he<\/p>\n
did not file any complaint that Inderbir Singh was falsely implicated.<\/p>\n
Manmohan Singh, DW-1 is related to the appellant-accused.<\/p>\n
Statement of Manmohan Singh shows that prosecution story inspires<\/p>\n
confidence.\n<\/p>\n
            Next submission of the learned defence counsel was that<\/p>\n
occurrence had taken place on 14.11.1993 and at that time,<\/p>\n
appellant-accused was 23 years old and remained in custody for<\/p>\n
about eight months. Requested to reduce the sentence. Learned<\/p>\n
counsel for the State did not raise any objection if lenient view is<\/p>\n
taken.\n<\/p>\n
            Admittedly, occurrence had taken place on 14.11.1993.<\/p>\n
Appellant-accused is related to the complainant-party.        Appellant-<\/p>\n
accused was 23 years old at the time of occurrence. Ends of justice<\/p>\n
would be fully met if lenient view is taken because appellant-accused<\/p>\n
is the first offender and belongs to a poor family. Appellant-accused<\/p>\n
is to become hard criminal if sent to jail for undergoing imprisonment<\/p>\n
as ordered by the trial court.\n<\/p>\n
            In view of the nature of offence and the antecedents of<\/p>\n
the appellant-accused, instead of directing the appellant-accused to<\/p>\n
undergo imprisonment as per impugned judgment, appellant-<\/p>\n
accused is directed to undergo imprisonment as already undergone.
\n Crl. Appeal No. 162-SB of 1996                            10<\/span><\/p>\n
           With this modification on the point of sentence, appeal<\/p>\n
and revision being without merit, are hereby dismissed.<\/p>\n
August 11, 2008                         ( JORA SINGH )\nritu                                         JUDGE\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Inderbir Singh vs State Of Punjab on 11 August, 2008 Crl. Appeal No. 162-SB of 1996 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** Crl. Appeal No. 162-SB of 1996 Date of decision : 11.8. 2008 ***** Inderbir Singh …………Appellant Versus State of Punjab ………..Respondents ***** CORAM: HON’BLE […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-60472","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nInderbir Singh vs State Of Punjab on 11 August, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/inderbir-singh-vs-state-of-punjab-on-11-august-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Inderbir Singh vs State Of Punjab on 11 August, 2008 - 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