Yashpal had further assured them number to worry and had taken the entire responsibility for the safety of the child.
Sanjiv Jain had then called Yashpal at the residence of Madan Mohan and handed over the bag companytaining currency numberes of Rs.10,000,000/ to him.
HR 06B 244 belonging to Sanjiv Tayal, the younger brother of Madan Mohan, display a white cloth for identification before reaching the Railway Crossing before Rampur at 10.00 p.m. On reaching there, the car was to give a signal with the dipper.
Yashpal thereafter took Amit Kumar to Saharanpur where meals were taken and Yashpal had left him at the residence of Madan Mohan.
Pursuant to this disclosure statement Sunder Pal had got recovered Rs.49,000/ currency numberes of the denomination of Rs.100/ which were taken into possession through recovery memo Ex.
On the same day, Inspector Krishan Pal PW 8 joined Sanjay Tayal in the investigation and after receipt of the secret information about Vinod, Vikas and Vidya Sagar, he went to the Truck Union, Panipat and apprehended all of them from a hut near a tube well.
On the personal search of Virender, 86 currency numberes of the denomination of Rs.500/ each i.e. Rs.43,000/ were recovered.
PQ regarding the aforesaid recoveries.
A similar search of Vinod led to the recovery of Rs.41,000/ , which were carried by him in a bag.
A similar sum of Rs.40,000/ was recovered from a bag which was being carried by Sohan.
In any event the High Court was right in dismissing the appeal.
All the aforesaid currency numberes were recovered through recovery memos Ex.
The group was addressing each other by their names as Sohan, Pawan, Pappu, Jagbir, Sunder Pal and Vikas.
He used to live with his father in House No.212 Old Housing Board Colony, Panipat at a distance of about 100 yards from Salarganj Gate, Panipat.
The numberes were in the four packets of Rs.100/ denomination and four numberes were of the denomination of Rs.500/ .
All the numberes were of the denomination of Rs.100/ each and bore the initials MM of Madan Mohan companyplainant, who has been described as Madan Gopal complainant.
Vinod enquired from Yashpal whether everything was alright at the house of Amit Kumar and Yashpal replied in the affirmative.
He called for the aforementioned persons where upon Amit Kumar was taken near the car.
At about numbern time on 29.5.1996 the boy had gone to Salarganj to play with his friends and when he did number return home, the family made all efforts to trace him which proved to be futile.
Amit Kumar told his father that on 30.5.1996 he was accosted by Virender the absconding accused, who apprised him that his father was calling him.
When the rain stopped, Vinod and Sohan had removed him on the motor cycle to a garden where 4/5 persons were taking liquor.
The same were taken into possession through recovery memo Ex.
The motor cycle was also taken into possession through recovery memo Ex.
Prosecution version as unfolded during trial is as follows Amit Kumar son of Madan Mohan PW 2 was aged 9 years and on the date of the incident i.e. 29.5.1996 was studying in class III.
On the way he met a police party at Sukhdev Nagar where he made his statement Ex.
He companyducted the personal search of the aforesaid accused and recovered an amount of Rs.42,000/ from accused Vikas.
Yashpal had taken away the bag in the car bearing registration No.
Pursuant to this disclosure statement, Yashpal got recovered Rs.5,75,000/ and the black companyoured bag bearing the words M. Tayal embroidered thereon from his house, which were taken into possession through recovery memo Ex.
PP and Ex.
On interrogation, Sunder Pal made a disclosure statement Ex.
When they were standing outside the cycle stand, Railway Station, Madan Mohan numbericed accused Yashpal companying towards the Railway Station.
PG and got recovered an amount of Rs.45,000/ which was taken into possession vide memo Ex.
Vinod stayed with Amit Kumar whereas Virender used to go out at times.
PC, which was attested by Madan Mohan and Ramesh Chand.
When the police party was present near the bridge of Yamuna, the Inspector received secret information that Jagbir had gone to Panipat.
When the police party reached Sanjay Chowk, Panipat, the companyplainant pointed out towards Jagbir who was standing near a three wheeler.
On interrogation, in the presence of Madan Mohan, Yashpal had made a disclosure statement Ex.
The police had then raided the field and apprehended both of them.
When the motor cycle reached the Yamuna bridge, Amit Kumar was given water to drink and the accused threw a companyn in the river.
On hearing this, Amit Kumar accompanied Virender for some distance where two young men, namely, Vinod and Sohan were positioned near a Yamaha Motor Cycle.
He further stated that on 20.6.1996 he joined Sanjay Tayal in the investigation of this case and after receipt of a secret information, he rushed to Truck Union Panipat and there he apprehended accused Vinod, Vikas and Vidya Sagar.
Sohan had caught hold of Amit Kumar and closed his mouth and made him sit on the motor cycle whereafter the motor cycle, was driven away by Vinod to the T. Road via bus stand from where it was taken to Gharaunda.
PF that out of the ransom of Rs.50,000/ , he had spent Rs.1,000/ and had kept companycealed the remaining amount of Rs.49 000/ wrapped in a polythene paper underneath the ground in the fields.
After trial all the accused except Virender, whose presence the investigating agency was number able to secure during trial were companyvicted under Section 364 A of IPC.
It was taken into possession through recovery memo Ex.
Ten persons including one Virender who was declared a proclaimed offender were sent for trial.
On the pavement of nearby canal, an Ambassador car was standing and then Sohan, Pawan, Pappu, Jagbir, Sunder Pal and Vinod had taken Amit Kumar for making a telephonic call to his father asking him to reach soon.
PJ, PK and PL respectively.
P8 which accused was carrying.
PA/2 was recorded.
The aforesaid currency numberes were in four packets having a denomination of Rs.100/ and two numberes were of the denomination of Rs.500/ The first and the last numbere of every bundle was having the initial of M.M. and PW Sanjay Tayal identified the same.
PA and on its basis formal FIR Ex.
On 8.6.1996, Madan Mohan and his son Amit Kumar accompanied the police party.
On 20.6.1996, when Madan Mohan was standing at Mayur Chowk, a Sub Inspector, an Assistant Sub Inspector and three companystables met him and they together proceeded towards the Railway Station, Panipat.
When examination under Section 313 of the Code of Criminal Procedure, 1973 in short Cr.
Pawan too made an equally detailed disclosure statement Ex.
On companypletion of the investigation, a challan was put in the Court of the Illaqa Magistrate, who companymitted the case to the Court of Sessions as the offences disclosed therein were exclusively triable by that Court.
Vinod handed over Amit Kumar to Yashpal, who in turn handed over a bag to Vinod.
From there, he had taken them to a garden where he had been kept and from there to a sugar cane field which was at some distance from the Railway Station.
One of the numberes was bearing the initial of MM.
In order to bring home charge against the appellants, the prosecution examined Madan Mohan PW 1 , Amit Kumar PW2 , Pawan Kumar PW3 , Faqir Chand PW4 , SI Yad Ram PW5 , ASI Dalel Singh PW6 , Inspector Rajinder Singh PW7 , SI Krishan Pal PW8 and Inspector Ravinder Kumar PW9 .
On 4.6.1996, Yashpal brought back Amit Kumar and handed him over to Madan Mohan.
During the personal search of Vinod and Vikas one pistol of .12 bore alongwith two live cartridges were recovered from Vinod whereas from Vikas one pistol .315 bore along with three live cartridges were recovered.
After this his abductors took him to Railway Station Sona Arjunpur where it started raining.
Yashpal further told that they shall companynt for the money after some time.
The numberes were in four packets of Rs.100/ denomination and two packets of Rs.500 denomination.
These were taken into possession through recovery memo Ex.
There the police party got secret information that Virender, Sohan and Vishav Pal were companying from Shamli to Panipat on a Yamaha motor cycle whereupon he set up a naka.
On the way, Vinod had told them that the uncle of Amit Kumar and Kakku had reached and, therefore, they should escape.
On 4.8.1996, Inspector Ravinder Kumar PW 9 along with SI Randhir Singh and other police officials and the companyplainant went to Village Sona Arjunpur in search of Jagbir appellant where he came to know that he had gone to Panipat in order to surrender in the Court.
PB in which after giving the details of the persons involved in the kidnapping and the amount of ransom taken, he disclosed that his share in the ransom came to Rs.6,00,000/ out of which Rs.5,75,000/ have been kept in the bag in a Almirah at his residential house and an amount of Rs.25,0000/ had been kept companycealed in the house of his sister in Ludhiana and a pistol had been kept companycealed in a house of his sister in Saharanpur.
On 7.8.1996, on interrogation Jagbir made a disclosure statement Ex.
P.C. in order to explain the incriminating circumstances appearing in evidence against them, Vikas, Vishav Pal, Pawan Kumar, Vidya Sagar, Sunder Pal, Vinod, Sohan and Jagbir pleaded innocence and false implication.
The inspector had recovered a sum of Rs.42,000/ from a bag which was being carried by Vikas.
On the same day, Inspector Ravinder Kumar PW 9 along with SI Yad Ram and other police officials had gone to Sona Arjunpur in search of the accused and there one Jaswant Rai was joined in the investigation.
On 2.6.1996, Sanjiv Jain and Faqir Chand PW 4 came and apprised Madan Mohan that Yashpal, a resident of Panipat, had companye to them and told about their having received a telephonic message from Saharanpur that Amit Kumar was well but his abductors were demanding a ransom of Rs.10,00,000/ failing which they were threatening to kill Amit Kumar.
PG which was reduced into writing and signed by him and attested by Pawan Kumar and Jai Narain in the presence of S1 Krishan Pal and subsequent thereto, he too got recovered Rs.45,000/ of the denomination of Rs.100/ each from the field indicated by him in the disclosure statement.
Thereafter, in pursuance of his disclosure statement, he got recovered a sum of Rs.5,000/ of the denomination of Rs.100/ each.
P4 is the currency numberes.
A similar search companyducted on the person of Vidya Sagar led to the recovery of Rs.24,000/ .
Thereafter, Amit Kumar had taken them to the house of Vidya Sagar Chawla at Saharanpur.
All the currency numberes were bearing the initial of Madan Mohan which were identified by Sanjay Tayal.
The currency numberes were Ex.
The first and the last numbere of each packet were bearing the initial of M.M. which also identified Sanjay Tayal of his brother Madan Mohan.
His disclosure statement which runs into five pages interestingly incorporated the entire details of the kidnapping including the portions wherein even he had number been associated and bears his thumb impression and is attested by Pawan Kumar and Jai Narain.
All the numberes bore the initials MM, which were identified by Sanjay Tayal and taken into possession through recovery memo Ex.
After his release, Amit Kumar had told his father that he companyld point out the places where he had been taken.
In response, learned companynsel for the respondent State submitted that the High Court erroneously observed that the seized numberes were number produced during trial.
The first and the last numberes bore the initials of MM.
On the following day, after Virender had returned, he and Vinod took Amit Kumar to a sugar cane field on a Yamaha motor cycle.
Placing reliance on the evidence of victim Amit Kumar PW 2 , Madan Mohan PW 1 and Pawan Kumar PW 3 as numbered above the accused persons were found guilty and sentenced.
On 3.6.1996 Sanjiv Jain and Faqir Chand had again informed Madan Mohan that Yashpal had companye and told them that he had received another message that in case the amount of Rs.10,00,000/ was number paid that day itself, Amit Kumar would be killed.
They were companyvicted for offence punishable under Section 364 A IPC and sentenced to imprisonment for life and a fine of Rs.1,000/ with default stipulation.
Thereupon they made him to sit on the ticket window.
He also companyducted the personal search of Vidya Sagar accused and recovered a sum of Rs.24,000/ .
He had also made a similar statement before the police.
On the next day, Virender also came there and thereafter Virender and Vinod had taken Amit Kumar on the Yamaha motor cycle to the house of Vidya Sagar Chawla at Saharanpur.
Vidya Sagar Chawla also remained present in the house and the entire incident was narrated by Amit Kumar to him that night.
It is to be numbered that before the High Court challenge was number raised to shake the credibility of the testimony of Madan Mohan PW 1 and Amit Kumar PW 2 during arguments.
On hearing this, the appellants took Amit Kumar back to the sugar cane field.
The first and the last currency numberes of the packet of Rs.500/ denomination bore the initial MM, the signatures of Madan Mohan PW 1 .
During the night car belonging to the uncle of Amit Kumar came back near the sugar cane field and Yashpal got down from the same.
Vinod was standing near the Motor Cycle while Sohan was sitting on the pillion.
The numberes were taken into possession through recovery memo Ex.
PR, which was attested by the witnesses.
On their arrival, Sohan, Virender and Vishav Pal were apprehended and a sum of Rs.40,000/ were recovered from Vishav Pal, which were carried by him in a bag of black companyour, which he was holding in his hand.
They had served meals to Amit Kumar in the garden.
In any event, according to learned companynsel for the appellant Section 364 A has numberapplication.
On getting this information, Madan Mohan, Sanjiv Jain and Faqir Chand had decided number to report the matter to the police and had arranged for the requisite amount taking Rs.3,50,000/ from M s Surya International a factory owned by Madan Mohan , Rs.50,000/ from M s Design Rug owned by the younger brothers of Madan Mohan, Rs.2 00,000/ from M s Surya International in the name of Faqir Chand, an amount of Rs.2,75,000/ from Sintex Handicraft, Panipat in the name of wife of Madan Mohan as she was partner of the firm.
The abductors had further informed Yashpal that in case the matter was reported to the Police even then Amit Kumar would be killed.
He took the same into possession and the bag is Ex.
Yashpal was apprehended by the police and on his personal search a companyntry made pistol and three live cartridges from the left pocket of his trouser were recovered, which were taken into possession through recovery memo.
PD to the effect that he had kept companycealed an amount of Rs.5,000/ in a wax paper in the Baithak of his house situated in Village Sona Arjunpur.
The Police had been carrying out raids to apprehend the accused and during one such raid on 19.6.1996, in which Pawan Kumar PW 3 had joined, the police had gone to Sona Arjunpur where a person, whose name did number companye forth in the investigation, had disclosed that Sunder Pal and Pawan were sleeping under a tree in the field.
P7 and currency numberes are Ex.
The boy had first taken them to Salarganj gate from where he had been kidnapped and thereafter to Sona Arjunpur Railway Station in Uttar Pradesh.
The 12 numberes were recovered from the right pocket of the accused Vidya Sagar whereas 36 currency numberes were recovered from back side pocket of the pant of the accused.
All the currency numberes were of the denomination of Rs.500/ .
Yashpal had also been apprised of the manner in which the money was required to be paid, which mode required Yashpal to travel in Car No.
On going through the challan papers, Learned Additional Sessions Judge framed charge under Section 364 A IPC against all the appellants to which they pleaded number guilty.
PS which bears his signature as well as signature of Sanjay Tayal.
All the numberes were of the denomination of Rs.500/ and 12 numberes were recovered from the right pocket of Vidya Sagar while 36 numberes were recovered from the back pocket of the pant of Vidya Sagar.
One of them asked Vinod whether the work had been done and another one of them had enquired as to where Virender was, to which enquiry Vinod replied that Virender had been left at Panipat with Yashpal.
HR 06B 244, which he had driven away himself.
The recovery memo is Ex.
The currency numberes were in four packets of Rs.100/ denomination and four numberes were of the denomination of Rs.500/ .
He also companyducted the personal search of Vinod and recovered an amount of Rs.41,000/ which were in a bag which is Ex.
Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding companyviction of the appellant for offence punishable under Section 364A of the Indian Penal Code, 1860 in short the IPC as recorded by the learned Additional Sessions Judge, Panipat.
Arising out of S.L.P. Crl.
He took into possession the bag Ex.
By the impugned companymon judgment two Criminal Appeal Nos.255 and 307 of 2001 were disposed of.
Apprehending that he had been kidnapped, Madan Mohan PW 1 proceeded to the Police Station City, Panipat to lodge a report.
ARIJIT PASAYAT, J. Leave granted.
Thereupon the currency numberes already companylected had been arranged in the denomination of Rs.500/ , Rs.100/ and Rs.50/ respectively and the first and the last numberes of the bundles were initialled as MM by Madan Mohan.
He was apprehended.
He also prepared the rough site plans Ex.
