IMPOATANT POINT
Kidnapping for ransom-Mere fact that PW in his statement did not mention about the demand of ransom by the accused, his testimony cannot be discarded.

A.N.JINDAL, J.

1. This judgment shall dispose of four appeals i.e. CRA Nos. 234-DB, 247-B, 255-DB of 2005 and CRA No. 171-DB of 2007. All the appeals having arisen out of the same judgment (i.e. judgment dated 21-2-2005) passed by Additional Sessions Judge, Panchkula, vide which, four accused-appellants (hereinafter referred to as the appellants) namely, Lovepreet Kaur, Parminder Mohan, Manjit Singh alias Mithu and Lohit Kaushal were convicted under Section 364-A, 342 read with Section 120-B, IPC and accused Manjit Singh alias Mithu was also convicted under Section 411, IPC and they were sentenced as under :-

u/S. 364-A read with Section 120-B, IPC All the four appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- each, in default of payment of fine, to undergo rigorous imprisonment for one year;

U/S. 342 read with Section 120-B, IPC All the four to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/- each, in default of payment of fine, to undergo further rigorous imprisonment for 3 months;

U/S. 411 Accused Manjit Singh alias Mithu to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/-, in defult of payment of fine, to undergo further rigorous imprisonment for six months.

2. The case explores its sordid story relating to the abduction of three year old girl Arshdeep from Sector-12, Panchkula for ransom.

3. The allegations in nutshell are that accused Lohit Kaushal, the main preparator of the crime was the Saddu (wifes sisters husband) of Harjit Singh (brother of Saravjit Kaur, mother of Arshdeep). Sukhjit Singh (father of Arshdeep) being Engineer in a private factory was earning about 40-45 thousand per month and Saravjit Kaur (mother of Arshdeep) while working in Government College was drawing handsome salary to which Lohit Kaushal was attracted. He having received set back in his business, planned to encash the abduction of Arshdeep who used to stay with Mahinder Kaur, mother of Saravjit Kaur during the day after coming from school. He in conspiracy with accused Manjit Singh alias Mithu, Parminder Mohan alias Pammi and Lovepreet Kaur, sent them to the house of Mahinder Kaur. On 25-2-2002 at about 1.30 p.m. when Sukhjit Singh and Saravjit Kaur were away on their respective duties and Mahinder Kaur and Arshdeep were in the courtyard of the first floor of their house, Lovepreet Kaur and Parminder Mohan alias Pammi went to the house and asked about Sukhjit Singh and Saravjit Kaur on the pretext that they had come to deliver the sweet box as Parminder Mohan was blessed with a son, sat there and asked Mahinder Kaur to serve them a glass of water, whereupon, Mahinder Kaur brought a glass of water and served Parminder Mohan. In the meantime, two other persons, out of whom, one was Manjit Singh, also asked for water. When she again went to kitchen, then Manjit Singh followed her, caught hold of her and brought her in the bed-room. Parminder Mohan alias Pammi caught hold of her arm, Manjit Singh put cloth in her mouth and tied her with a dupatta. The fourth accused caught hold of her with another arm. Accused Parminder Mohan then tied both her hands, dragged her in another room and tied her with a bag. Thereafter, they fled away with Arshdeep and after stealing a VCP (video cassette player) from the house.

4. On telephonic message given by a neighbour Harjinderpal Singh to the police, Sub Inspector Avtar Singh, Station House Officer Police Station Sector-19, Panchkula arrived at the spot, recorded the statement of Mahinder Kaur, on the basis of which FIR No. 25 was registered at the aforesaid police station by Sub Inspector Om Prakash. Lohit Kaushal along with his wife Satnam Kaur alias Semmi after hearing the news regarding the completion of the work, came to the house. Inspector visited the site of occurrence, got the place of occurrence photographed and sent Mahinder Kaur to General Hospital, Sector-6, Panchkula for medical examination. He raided