Punjab-Haryana High Court
Honey Sharma vs Union Territory on 8 October, 2012
Author: Inderjit Singh
Bench: Satish Kumar Mittal, Inderjit Singh
In the High Court of Punjab and Haryana at Chandigarh
......
(1) Criminal Appeal No.D-124-DB of 2009
.....
Date of decision:8.10.2012
Honey Sharma
...Appellant
v.
Union Territory, Chandigarh
...Respondent
....
Coram: Hon'ble Mr. Justice Satish Kumar Mittal
Hon'ble Mr. Justice Inderjit Singh
.....
(2) Criminal Appeal No.D-769-DB of 2010
.....
Jagminder Singh alias Aman Verma alias Happy alias Rajvir Singh
...Appellant
v.
Union Territory, Chandigarh
...Respondent
....
Present: Mr. A.P.S. Deol, Senior Advocate with Mr. Vishal Rattan
Lamba, Advocate for the appellant in Criminal Appeal No.D-
124-DB of 2009.
Mr. Sunil Chadha, Advocate for the appellant in Criminal
Appeal No.D-769-DB of 2010.
Mr. Rajiv Sharma, Advocate for U.T. Chandigarh.
......
Inderjit Singh, J.
This judgment will dispose of above two appeals i.e. Criminal Appeal No.D-124-DB of 2009 filed by Honey Sharma and Criminal Appeal Cr. Appeal Nos.D-124-DB of 2009 etc. [2] No.D-769-DB of 2010 filed by Jagminder Singh alias Aman Verma alias Happy alias Rajvir Singh as these arise out of the same judgment and order dated 8.1.2009/13.1.2009 passed by the learned Additional Sessions Judge, Chandigarh.
These criminal appeals have been filed against the judgment and order dated 8.1.2009/13.1.2009 passed by the learned Additional Sessions Judge, Chandigarh, whereby both accused-appellants Honey Sharma and Jagminder Singh alias Aman Verma have been held guilty for the offences under Sections 364-A and 506 read with Section 34 of the Indian Penal Code (`IPC' - for short). Accused-appellant Honey Sharma has also been found guilty for the offence under Section 25 of the Arms Act. Accused-appellants Honey Sharma and Jagminder Singh alias Aman Verma have been sentenced to undergo imprisonment for life and to pay a fine of `5,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months each for the offence under Section 364-A IPC. They have also been sentenced to undergo rigorous imprisonment for two years along with a fine of `2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for one month each for the offence under Section 506 IPC. Accused-appellant Honey Sharma has also been sentenced to undergo rigorous imprisonment for three years and to pay a fine of `5,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months for the offence under Section 25 of the Arms Act. However, all the substantive sentences of imprisonment were ordered to run concurrently.
In the present case, FIR has been registered on the basis of Cr. Appeal Nos.D-124-DB of 2009 etc. [3] application given by Deepak Joshi to In-charge, Crime Branch, Sector 11, Chandigarh on 18.11.2005 in which the complainant stated that at about 4.00 p.m. he received a phone call from his son's mobile No.9872022444 on his mobile No.9815473000 claiming that his son Nikhil Joshi had been kidnapped by Chhota Rajan Gang and he was directed to call on another mobile No.0085260432129. The complainant has strong apprehensions that his son had been kidnapped for ransom as he left the house at about 1.15 p.m. in his Maruti Esteem black car No.CH 03K 5005. It was requested in the application to kindly investigate the matter urgently but it was requested not to lodge an FIR as the matter was sensitive and his son's life was at stake and the caller had threatened him not to go to media or police or else his son would be eliminated. On receiving this information, inquiry was started. Mobile number of the applicant's son and residential telephones Nos.2646564 and 2646563 of the complainant Deepak Joshi were kept under observation on making application. On the basis of inquiry and according to the application offences under Sections 363 and 364-A IPC had been established. `Ruqa' was sent to Police Station at 11.30 p.m. on 19.11.2005 for registration of the case by SI Kuldeep Singh, Crime Branch, on the basis of which formal FIR was registered. On 20.11.2005, they came to know from their sources that Honey Sharma and Manoj Kumar were connected with the crime and son of the complainant i.e. Nikhil Joshi could be in their custody in Kothi No.647, Sector 16-D, Chandigarh. Investigating Officer Kuldeep Singh informed the complainant telephonically to reach Kothi No.647, Sector 16-D, Chandigarh. The Investigating Officer along with team of Police officials reached near the Cr. Appeal Nos.D-124-DB of 2009 etc. [4] said Kothi where complainant Deepak Joshi met them. They reached near Kothi No.647 and cordoned off that Kothi from all the four sides. The Investigating Officer along with Inspector Jagbir Singh, ASI Shadi Lal, complainant Deepak Joshi and 2-3 more police officials reached near the door of the annexe. He adopted Commando method to push the door and the top inner bolt of the door broke down and door opened. At this, Deepak Joshi pointed towards his son, who was in handcuffs in the room to be his son Nikhil Joshi. They instructed them not to make any movement or gesture. Accused Honey Sharma and Manoj Kumar were present. He searched Manoj Kumar and from the right side dub of his pant he was wearing, a 0.315 bore revolver was recovered containing a live cartridge. The pistol along with the live cartridge after preparing sealed parcel and sketch were taken into Police possession. On the search of accused Honey Sharma, from the right dub of the lower of the track suit he was wearing, a country made pistol of 0.315 bore loaded with one live cartridge was recovered which was also taken into Police possession after preparing sealed parcel along with cartridge. From underneath the pillow on the mattress, a pistol of silver colour of 0.32 bore was recovered along with seven live cartridges. Nikhil Joshi, who was found handcuffed in the room pointed towards the wooden almirah and told them that the key of the handcuff was placed on the top of the wooden almirah. The same was removed from the almirah. Handcuff on which word `super' was written was opened and taken into Police possession after preparing sealed parcel. On the search of the room of the annexe one monitor, two speakers, one mouse, one key board, one speaker, one CPU, two walkie talkie sets, one Cr. Appeal Nos.D-124-DB of 2009 etc. [5] mobile, SIM card, one passport and one driving licence of accused Manoj Kumar and one driving licence of Honey Sharma were found. From the room a polythene bag was found from which a cap, shirt of Khaki colour having two stars, trouser, one belt, one monkey cap, one chain and one pair of socks were recovered. All these were put in cloth bag and taken in Police possession after preparing sealed parcel. Thereafter, one black coloured goggles having black tape inside was recovered and the same was also taken into Police possession after preparing a sealed parcel. Two glass tumblers were also found in the room from which finger prints were taken. Rough site plan was prepared. Statement of Nikhil Joshi was recorded. Accused Honey Sharma on interrogation made disclosure statement that the car make Zen, which was used for bringing Nikhil Joshi from Mohali to Chandigarh, had been parked in Sector 16-D, Chandigarh, which he could get recovered. Thereafter, in pursuance of his disclosure statement, he got recovered car No.HR 10F 3396 near House No.648, Sector 16, Chandigarh, which was taken into Police possession along with one RC of the car, which was in the name of Honey Sharma. Rough site plan of the place of recovery was prepared. Then Manoj Kumar was interrogated, who also made disclosure statement that the car used for kidnapping Nikhil Joshi had been parked near Mandir of Sector 16-D, Chandigarh. Thereafter, he led the Police party and got recovered Esteem car bearing No.DL 9 CA 3315 from near Sanatan Dharam Mandir, Sector 16, Chandigarh. From this car finger prints were developed. Car was also taken into Police possession. Victim Nikhil Joshi was medico-legally examined and after that he was handed over to his father. Manoj Kumar accused was again interrogated. He again made Cr. Appeal Nos.D-124-DB of 2009 etc. [6] disclosure statement that the car of Nikhil Joshi was parked in PGI complex and he could get the same recovered. Then in pursuance of his disclosure statement, he got recovered black coloured Esteem car No.CH 03K 5005. Finger prints from the car were also developed. On 21.11.2005, the Investigating Officer along with accused Honey Sharma, Manoj Kumar and Police officials came to Sector 17 and at his call Nikhil Joshi also reached there. Nikhil Joshi took them to House No.2187, Sector 71, Mohali where he was taken after kidnapping. Thereafter, accused Manoj Kumar during interrogation made disclosure statement regarding car No.HR 26X 9312. In pursuance of his disclosure statement accused Manoj Kumar and Honey Sharma got recovered the said car. On the search of the car, two RCs of same number, one in the name of Aman Verma and the second in the name of Ravinder Verma, one mobile phone and one driving licence in the name of Ranbir Singh were recovered which were taken into Police possession. The details of the mobile phones were also taken. On 2.1.2007, accused Jagminder Singh alias Aman Verma was produced on production warrants by Punjab Police. Police remand of accused Aman Verma was taken. On 4.1.2007, accused Aman Verma was produced in the Court and while he was being taken back from the Court, Nikhil Joshi met the Investigating Officer outside the Court and told him that the accused, which was in custody of his staff, was the same person who had kidnapped him along with accused Honey Sharma and Manoj Kumar. After necessary investigation, challan was filed in the Court. Thereafter, supplementary challan against accused Jagminder Singh alias Aman Verma was also filed in Court.
On presentation of challan, the trial Court finding prima facie Cr. Appeal Nos.D-124-DB of 2009 etc. [7] charges against accused-Honey Sharma and Manoj Kumar framed charges for the offences under Sections 363, 364-A read with Section 34 IPC and Section 25 of the Arms Act. However, supplementary challan was also submitted against accused Jagminder Singh, and the trial Court framed fresh charges against all the three accused, to which they pleaded not guilty to above charges and claimed trial.
In support of its case, the prosecution examined PW-1 SI Nirmal Singh, who mainly deposed regarding scribing of FIR Ex.PB. He also deposed as regards the complaint Ex.PA and endorsement over it Ex.PA/1. Again PW-1 Deepak Joshi-complainant mainly deposed as per prosecution version.
PW-2 Nikhil Joshi, who was kidnapped by the accused, also deposed as per prosecution version. He deposed that when he was proceeding in his car on the slip road towards Restaurant Metro-35, near Canara Bank, his car was intercepted by the accused, who were occupying another Esteem car. At that time, half of the windows of his car were opened. Accused Jagminder Singh alias Aman Verma instantly and forcibly opened the door of the left side and sat on the adjoining front seat and Honey Sharma accused sat on the rear seat. Accused Jagminder Singh alias Aman Verma immediately put a pistol on his temple and on the pistol point he had taken him to the rear seat and he himself occupied the driver's seat of his car. On the rear seat accused Honey Sharma immediately put the handcuffs on his wrists and put black goggles on his eyes. A black tape was pasted inside the glasses of the goggles to make them opaque so that he could not see through its glasses. He was threatened and Jagminder Singh Cr. Appeal Nos.D-124-DB of 2009 etc. [8] had driven the car and took him to a undisclosed place where he was handcuffed and ordered to sit on a mattress. From this place, he was shifted to various other places and also shifted from one vehicle to other. The victim was kept in that place upto 20.11.2005 i.e. for three days. However, Police gathered information and raided the place of hide and recovered him from the possession of the accused Honey Sharma and Manoj Kumar.
PW-3 Sukhdeep Singh mainly deposed regarding the recovery of car No.HR 26X 9312 at the instance of Manoj Kumar. He also deposed regarding recovery of driving licence of Ranbir. RC of that car was in the name of Aman Verma. Another RC was in the name of Ravinder Verma and the driving licence of Ranbir were taken into Police possession. PW-4 SI Shadi Lal deposed as per prosecution version. He joined with SI Kuldeep Singh, Investigating Officer during the investigation on 20.11.2005 and 21.11.2005. PW-5 HC Des Raj mainly deposed regarding DDR No.26 dated 19.11.2005, DDR No.31 dated 20.11.2005, DDR No.6 dated 20.11.2005 and DDR No.17 dated 20.11.2005, DDR No.15 dated 2.11.2005, DDR No.19 dated 21.11.2005, DDR No.24 dated 21.11.2005 and DDR No.25 dated 21.11.2005. PW-6 HC Sewa Singh mainly deposed regarding filing applications before the Registering Authorities, Gurgaon, Sonepat and Delhi and also deposed regarding reports Ex.PZ/1 to Ex.PZ/3. All these vehicles were not registered against the numbers which were in their records. PW-7 Inspector Kuldeep Singh is the Investigating Officer and mainly deposed as per prosecution version. PW-8 Satnam Singh deposed that on 15.11.2005, accused Manoj Kumar and Honey Sharma, who were present in the Court, came to him for taking his first floor on rent and `4,000/- was fixed as rent.
Cr. Appeal Nos.D-124-DB of 2009 etc. [9] On 16.11.2005, they brought the mattresses. On 17.11.2005, he went out of station. On 21.11.2005, he came back at his house. At about 2.30 p.m. SI Kuldeep Singh along with other police officials, both the accused and Nikhil Joshi met him. The police officials told him that accused had kidnapped and kept Nikhil Joshi at his house. PW -9 Dr. Ashwani Kumar, who is a Madical Practitioner, deposed that accused Honey Sharma and Manoj came to him on 2.10.2005 for taking his Annexe on rent. They told him that they were students and having coaching at Chandigarh. He rented the annexe portion on the first floor of the house at a monthly rent of `2,200/-. On 20.11.2005, when he came back from his Clinic at about 3.00 p.m., he saw that Police was taking both the accused from his house. Another boy aged 18-20 years was also with them. He also deposed regarding one telephone bill in the name of Aman Verma which was received by him, which had been redirected from Sector 8, Chandigarh to his address. PW-10 Shiv Ram, Data Entry Operator mainly brought the record of Registering Authority, Chandigarh. As per the record, Maruti Esteem car No.CH 03K 5005 was registered in the name of Joshi Autozone Limited and he also proved the report. PW-11 HC Tikka Singh brought Register No.19 of Police Station, Sector 36, Chandigarh. He deposed regarding depositing of the case property of this case. He also deposed that one car No.HR 26 X 9312 along with one driving licence, two RCs and one Mobile phone was deposited in the Malkhana on 22.11.2005. PW-12 Gulshan Kumar Bhatia mainly deposed regarding the certificate he had issued on the basis of admission form of D.A.V. College regarding Nikhil Joshi. PW-13 Ramesh Chander Sharma, Senior Assistant, D.C. Office, Cr. Appeal Nos.D-124-DB of 2009 etc. [10] Chandigarh deposed regarding the sanction order Ex.PAO. PW-14 Jagbir Singh, DSP, also deposed regarding the raid conducted in the house and regarding the recoveries of articles and Nikhil Joshi and the arrest of two accused as he associated with SI Kuldeep Singh. PW-15 Constable Yash Paul mainly deposed regarding the scaled site plan. PW-16 Constable Parveen Kumar mainly deposed regarding the pistols which were brought in sealed parcel by SI Kuldeep Singh and after examining the same he gave his report Ex.PAO. PW-17 Sushil Kumar Chopra, Nodal Officer, Bharti Airtel Limited deposed that he has brought the original forms of Mobile No.9815769909 which were in the name of Aman Verma which was activated on 17.11.2005. Copy of the Form is Ex.PAX. He has also brought original form of subscriber Deepak Joshi which has Mobile No.9872022444. This mobile was activated on 18.10.2004 and was disconnected on 23.12.2005. Copy of the subscription form is Ex.PAY. The third No.9815473000 was in the name of Joshi Auto Zone Private Limited and the same was activated on 3.1.2003 and disconnected on 12.2.2006. Its original application form could not be traced. He has also brought the details of the Mobile cards. Public Prosecutor tendered into evidence documents and closed evidence.
At the close of the prosecution evidence, the accused were examined under Section 313 Cr.P.C. and were confronted with the evidence of the prosecution. They denied the correctness of the evidence and pleaded themselves as innocent. Accused-Honey Sharma deposed that he had been falsely implicated in the case. The Police had made false case against him by collecting false evidence. He was picked up from his village. He had Cr. Appeal Nos.D-124-DB of 2009 etc. [11] come to know that the boy was already with the Police. He did not know Aman Verma or Jagminder Singh. Accused-Jagminder Singh alias Aman Verma deposed that he had been falsely implicated in the case. He was brought from Ludhiana Central Jail in the month of January 2007 on production warrants and was falsely involved in this case by the Chandigarh Police. He was not Aman Verma and his name is Jagminder alias Happy. He had no connection with this case and was arrested by Chandigarh Police falsely. He had no mobile connection in his name and had never talked on mobile with anybody in the name of Aman Verma in whose name he had not taken any mobile connection.
After going through the evidence and material on record, the learned trial Court convicted and sentenced the accused-appellants Honey Sharma and Jagminder Singh alias Aman Verma for the offences as mentioned above.
At the time of arguments, learned counsel for the appellants argued that in the present case demand of ransom has not been proved. A reasonable doubt exists regarding participation of Aman Verma in the commission of the offence as there is no cogent evidence that he kidnapped Nikhil Joshi. His identification in the Court also cannot be held as proper identification, therefore, learned counsel for the appellants contended that accused have been falsely implicated in the present case and the evidence has been falsely created against the accused-appellants.
On the other hand, learned counsel for the U.T., Chandigarh argued that the case of the prosecution has been duly proved by the PWs. Nikhil Joshi PW-2, who had been kidnapped, was recovered by conducting Cr. Appeal Nos.D-124-DB of 2009 etc. [12] raid from the annexe of the house in Sector 16-D, Chandigarh. Honey Sharma had been apprehended on the spot along with co-accused Manoj Kumar, who later on escaped from the custody of the Police and was declared proclaimed offender. The statement of Nikhil Joshi supported and corroborated by his father Deepak Joshi along with recoveries from the spot and the cars having fake numbers, all support and corroborate the prosecution version. No reasonable doubt exists in the prosecution case. He argued that there is no merit in these appeals and the same are liable to be dismissed.
We have heard learned counsel for the parties and with their assistance have gone through the evidence on record minutely and carefully.
We find no merit in the contentions of the learned counsel for the appellants. PW-2 Nikhil Joshi, who had been kidnapped by the accused, deposed as per prosecution version. Nothing has been pointed out from his cross-examination which may make his statement unreliable. He has deposed consistently regarding the prosecution version regarding his kidnapping by Jagminder Singh alias Aman Verma, who opened the door of the left side and sat on the adjoining front seat and appellant-Honey Sharma sat on the rear seat. He also deposed that Jagminder Singh alias Aman Verma immediately put a pistol on his temple and on the pistol point he had taken him to the rear seat and he himself occupied the driver seat. PW-2 Nikhil Joshi also deposed that he was immediately handcuffed by Honey Sharma and put black goggles on his eyes having black tape pasted inside the glasses of the goggles so that he could not see through its glasses. When the Police recovered Nikhil Joshi, handcuffs and these goggles having black Cr. Appeal Nos.D-124-DB of 2009 etc. [13] tape were also recovered along with the pistols. These recoveries support and corroborate the prosecution version. Again the car in which Nikhil Joshi was travelling was recovered as per the disclosure statement of the accused. The other cars which were used in the kidnapping and also in transporting Nikhil Joshi to Mohali and then to Chandigarh were also recovered. PW-3 SI Sukhdeep Singh deposed regarding the recovery of car No.HR 26X 9312 at the instance of Manoj Kumar. Its RC was in the name of Aman Verma. Further it is in the evidence that the vehicles which were used by the accused all were having fake RCs which also support and corroborate the prosecution version. PW-1 Deepak Joshi-complainant is father of Nikhil Joshi. He also consistently deposed as per prosecution version. There is no material contradiction or improvements in his statement which may make his statement unreliable. Records of Mobile number which was of Nikhil Joshi, telephone number of Deepak Joshi and other telephone numbers had also been summoned and these also support the prosecution version. PW-1 Deepak Joshi also deposed regarding the demand by the accused for ransom by telling themselves as Chhota Rajan gang. PW-1 has specifically stated that when he tried the number given to him, the call was attended by one person who told his name to be Aman Verma and he told him that his son had been kidnapped for ransom of `2 crores. All this evidence proves that Nikhil Joshi was kidnapped for ransom. Ransom was demanded on telephone. The matter was reported to the Police and the Police after due inquiry raided Kothi No.647, Sector 16- D, Chandigarh. At that time, Nikhil Joshi was in the handcuffs in the room. Honey Sharma-appellant and Manoj Kumar co-accused were present and Cr. Appeal Nos.D-124-DB of 2009 etc. [14] were apprehended on the spot. Two pistols i.e. one each from them were recovered and one pistol of 0.32 bore was recovered along with live cartridges underneath the pillow. The key of the handcuff was lying on the almirah. Computer system, walkie talkie sets, Police official type uniform etc. were recovered, which articles were taken into Police possession after preparing sealed parcel. On the disclosure statement of Honey Sharma, Zen car, which was used for brining Nikhil Joshi from Mohali to Chandigarh, was recovered. On the interrogation of Manoj Kumar, Esteem car No.DL 9CA 3315 was recovered. Manoj Kumar also got recovered the car bearing No.CH 03K 5005 of Nikhil Joshi which was parked in PGI complex. Accused also got recovered another car bearing No.HR 26X 9312. There is no dispute regarding the identity of accused Aman Verma. He has been identified in the Court by Nikhil Joshi himself. He also identified that he is the person who was representing as Aman Verma. The statements of PWs have been duly supported by investigation of the case and the recovery of articles and recovery of Nikhil Joshi from appellant Honey Sharma and co- accused Manoj Kumar. There is specific evidence regarding demand of ransom which has been duly proved. Again kidnapping of Nikhil Joshi also duly proved by the PWs. The recovery of Nikhil Joshi from the accused is also duly proved. The articles including the weapons further support and corroborate the prosecution version. Fake RCs of the vehicles also support and corroborate the prosecution version. The prosecution has produced PW-17 Sushil Kumar Chopra, Nodal Officer, Bharti Airtel Limited, who had brought original form of Mobile No.9815769909, which was in the name of Aman Verma. A copy of form is Ex.PAX. On this form, there was a Cr. Appeal Nos.D-124-DB of 2009 etc. [15] photograph which was tallied by the trial Court with appellant Jagminder Singh alias Aman Verma which also supports and corroborates the prosecution version that this Jagminder Singh was also having another fake name like Aman Verma etc. All this evidence proves the guilt of the accused and the offences for which they have been charged.
Therefore, from the above, we find that the prosecution has duly proved its case by leading cogent evidence beyond any doubt. The conviction and the sentence imposed upon by the trial Court are upheld.
There is no merit in the appeals and the same are dismissed. Before parting with the judgment, we find that in the present case during the course of arguments, the Court found that partial statement of Nikhil Joshi and the form Ex.PAX along with the photo copy of the driving licence look tampered with and vide order dated 28.8.2012, a preliminary inquiry was ordered and the preliminary inquiry report has already been received. As per finding of preliminary inquiry, the possibility that the record has been taken out when it was in the custody of Shri Sanjay Mishra, Record Assistant, Criminal Branch cannot be ruled out. Therefore, it is ordered that necessary departmental action may be initiated as per rules against the official/officials found guilty. It is also the observations in the inquiry report that in order to determine the person who fabricated the record and placed the fabricated documents on judicial files, further probe by some investigating agency can be be helpful. Therefore, in view of the preliminary inquiry report, Registrar Administration is directed to take necessary steps to initiate criminal proceedings as per rules. The inquiry report along with the necessary documents be also sent to him for taking Cr. Appeal Nos.D-124-DB of 2009 etc. [16] necessary action in the matter.
(Satish Kumar Mittal) (Inderjit Singh)
Judge Judge
October 8, 2012.
*hsp*