PUNJAB & HARYANA HIGH COURT
Uma Nath Singh and A.N.Jindal JJ.
State Of Punjab
Versus
Vikram Singh @ Vicky Walia
Murder Reference No. 1 of 2007,
Decided On : MAY 30, 2008
(B) Criminal Law--Murder--Death Penalty--Awarding of--Law discussed--|Penal Code, 1860, Section 302.
Editors Note:- Complete Judgment not published; operative part of judgment read as follows:
Uma Nath Singh, J.
1. 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 : 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.
2. 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 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
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