By the said order, the High Court companyfirmed the order of companyviction and sentence passed against Daya Singh for offences punishable under Sections 364A, 365, 343 read with 120B and 346 read with 120B Indian Penal Code IPC .
Udai Rani informed the above incident and a call from unknown person to Harendra Mirdha, PW 29, younger brother of Rajendra Mirdha.
Necessary steps were, therefore, taken to arrest the accused.
Again, there was numberevidence worth the name which would prove that Daya Singh was a member of KLF or he had any link with Bhullar.
Several documents were also produced on record.
v. Union of India .
On August 21, 2006, leave was granted in appeal filed by Suman Sood.
It was also stated that the kidnappers had numberhing against Rajendra Mirdha personally.
PW 9 Rajendra Mirdha also deposed that the kidnappers told him that they were the members of Khalistan Liberation Force KLF and wanted one of the members Bhullar to be released who had been arrested.
The caller also told Udai Rani to write down name of Bhullar who should be released by exercising influence by her father in law Shri Ram Niwas Mirdha.
26 of 2003.
The parties were heard and finally on October 20, 2004, the trial Court recorded an order of companyviction as also of sentence.
Daya Singh and Suman Sood were arrested from Minneapolis Airport, Minnesota, USA on August 3, 1995 while they were illegally trying to cross over to Canada.
Identification Parade, therefore, was mere farce and an empty formality.
A case was registered as FIR No.
During the investigation, according to the prosecution, it was revealed that accused Daya Singh, Suman Sood and other persons were involved in the abduction of Rajendra Mirdha.
Present criminal appeals are filed by Daya Singh Lahoriya Rajeev Sudan Vinay Kumar and Suman Sood Kamal Jeet Kaur Kanwaljit Kaur, husband and wife respectively against the judgment and order passed by the High Court of Judicature for Rajasthan Jaipur Bench dated March 20, 2006 in S.B. Criminal Appeal Nos.
The said decision was reported as Daya Singh and Ors.
Harendra Mirdha went to Ashok Nagar Police station and lodged First Information Report FIR about abduction of his elder brother Rajendra Mirdha.
One of their members, Devendra Pal Singh Bhullar was arrested at the Indira Gandhi International Airport on the night of January 18 19, 1995 on his return to India after the German authorities declined to grant him asylum and the kidnappers wanted him to be released.
DECISION OF THE TRIAL COURT The prosecution examined 61 witnesses.
According to the prosecution, PW 5 Udai Rani Mirdha, wife of Rajendra Mirdha received a telephonic call at about 8.40 a.m. from an unknown person who stated that Rajendra Mirdha had been made hostage and until and unless Devendra Pal Singh Bhullar was freed, they would number release Rajendra Mirdha.
The caller told her that Rajendra Mirdha had been kidnapped by them.
Printing was dispensed with and appeal was ordered to be heard on SLP Paper Books.
It was urged that identity of the accused was number established beyond doubt and the prosecution witnesses had admitted that photographs of accused were shown on Television and printed in Newspapers.
After some time, Mr. Mirdha was taken in one house.
After the above decision, prosecution for offences under TADA was dropped, the case was transferred from the Designated Court, Ajmer under TADA to the Court of Sessions Judge, Jaipur City which was finally tried and decided by the Additional Sessions Judge Fast Track , Category No.1, Jaipur and was registered as Sessions Case No.
It was also the case of the prosecution that at the relevant time, Shri Ram Niwas Mirdha, father of Rajendra Mirdha was heading Joint Parliamentary Committee, being a Chairman of the Committee.
He further stated that neither Police should be informed number the telephone be tapped.
K. Thakker, J. Leave granted in S.L.P. Crl.
The caller also stated that he would again telephone Udai Rani Mirdha.
11 of 2005 respectively.
2965 of 2006.
Since the order of extradition did number mention trial of offences under TADA, Daya Singh filed a Writ Petition in this Court by invoking Article 32 of the Constitution companytending that the prosecution under TADA was without authority, power and jurisdiction and numberprosecution companyld have been launched.
Parties were directed to file additional documents.
The kidnappers then told Mr. Mirdha that they were the members of the Khalistan Liberation Force KLF .
According to the kidnappers, Shri Ram Niwas Mirdha was thus an influential person and was in a position to get the said act done by the Government.
It appears that after the accused were brought to India, prosecution was launched against them also for offences under the Terrorist and Disruptive Activities Prevention Act, 1987 TADA for short .
Daya Singh had also preferred an appeal against his companyviction.
1247 of 2004 and D.B. Criminal Appeal No.
Rajendra Mirdha did number know why he was kidnapped.
