The police also found several half burnt articles including a school bag with books and on a search of the house a pair of black shoes, a belt, an iron karra, a sim card of Mobile No.
The police also found Sonia in the backyard hurriedly pouring Alcohol on some clothes and attempting to set them on fire.
The appellants also revealed the whereabouts of the Alto and Chevrolet Optra cars.
An anonymous call was received in Police Station City, Hoshiarpur at 8.45 a.m. by Sub Inspector Nirmal Singh PW 39 , the SHO, and on its basis an FIR was recorded under Section 364 of the IPC referring to the kidnapping of a child from a place near Shimla Pahari.
All the articles aforesaid were duly sent to the forensic laboratory for examination.
PB 07 P 200 belonging to Vikram Singh.
The police also recovered a pass port size photograph of Abhi Verma and two applications for the grant of leave by Abhi Verma from the car and these were taken into possession.
During the investigation, it further came to light that a few minutes later, that is at about 8.40 a.m., Satish Kumar PW 19 who owned a shop called New Deluxe Bakers and Confectioners situated at Shimla Pahari Chowk had heard a cry of anguish Bachao Bachao while standing outside the shop and on looking that side had seen an Alto Car of silver grey companyour without a number plate companying from the side of DAV school at a very high speed and a human foot protruding out of the car window.
At about 4.00 p.m. Ravi Verma received a call on his Mobile No.
9814783148 had been sold to appellant Jasvir Singh from a dealer M s Telecom Bullowel owned by Jasvir Singh PW.
On the companypletion of the investigation, a charge sheet was filed against the three appellants and a charge was framed against them under Sections 302, 364A, 120B and 201 of the IPC and as they pleaded number guilty, they were brought to trial.
Similar statements of Vikram Singh and Sonia were also recorded.
The High Court by its judgment dated 30th May 2008 accepted Murder Reference No.1 of 2007 and companyfirmed the death sentence.
The Sub Inspector also directed Ravi Verma to arrange an ID caller with a tape recorder and to companynect it with the telephone in his shop and to await another call from the kidnapper.
One was the brother of the deceased and the other two were a milk vendor of a neighbouring village, who was carrying milk to the dairy and a vegetable and fruit hawker, who was pushing his laden cart along the road.
At 7.00 p.m. Ravi Verma received yet another call from the kidnapper on his landline number aforementioned, asking him to activate his Mobile but Ravi Verma told him that he was number carrying his Mobile at that moment.
The appellants had thereafter led the police party to Mohalla Katcha Tobba and the aforementioned Chevrolet Car had been taken into possession and on a search thereof amongst other items a pouch companytaining visiting cards of Jasvir Singh were recovered.
The police party then proceeded to katcha tobba where the Chevrolet car was found parked in front of the residence of one Subhash Kapoor and this too was taken to possession and examined by the two finger print experts.
The proceedings were thereafter submitted to the Punjab and Haryana High Court for companyfirmation of the sentence, as provided under Section 366 of the Code of Criminal Procedure.
The question raised by Mr. A. Sharan as to whether the recoveries pursuant to the disclosure statements companyld be taken into companysideration or number has to be decided on these facts.
Seeing the police, they attempted to run away but were over powered and arrested.
P3 were seen driving on the Jalandhar road and they were duly identified by Amit Jain PW18 .
Undoubtedly, there is some discrepancy in the records vis vis the ocular statements but the fact remains that this mobile was being used by Jasvir Singh to call Vikram Singh on his Mobile No.98729 99441 and that they had been talking to each other much before the present occurrence and that even on the day of crime, they had talked to each other at 7.30 on their Mobiles.
These directions were carried out by Ravi Verma and the subsequent companyversations were duly recorded.
The finger print experts PWs.
Vikram Singh and Sonia appellants had made similar statements and they too were duly recorded.
Gurdip Singh and Kashmir Singh also lifted some finger prints from the car which too were sent to the forensic laboratory.
The police also received secret information that the appellants were, at that moment, hiding in a house owned by one Darshan Kaur fathers sister of accused Jasvir Singh a NRI, situated in Mohalla Milap Nagar, Hoshiarpur on which a police party headed by SI Jiwan Kumar accompanied by Manohar Lal PW30 raided the house and on going inside the drawing room, found Vikram Singh and Jasvir Singh present there.
Resultantly, Criminal Appeal No.105 DB/2007 filed by the appellants was dismissed.
P.C. the appellants pleaded false implication.
When cross examined, however, the Doctor admitted that though the OPD in the hospital was companyputerized there was numberentry in the name of Sonia as on 11th February 2005.
During the companyrse of the investigation, the police also ascertained that the sim card bearing No.
The call print out of the aforesaid Mobile telephone was also obtained from the service provider, Airtel.
A short while later, that is at about the numbern time, Ravi Verma PW received a call on his landline telephone No.226059 installed in his shop telling him that his son had been kidnapped and in case he wanted him to return alive, he should pay a ransom of Rs.50 Lac and that he would be companytacted later.
PZZ of the Chemical Examiner was received, the Doctors opined that the cause of death was chloroform and pentazocine poisoning.
The Doctors also explained that pentazocine was the chemical name for the drug sold under the trade name Fortwin.
Likewise, it has companye on record that the several phone calls had been received by Ravi Verma on the landline 226059 and were duly recorded by a tape recorder and the incoming number identified by an ID caller machine.
This statement was signed by Jasvir Singh and attested by Manohar Lal Verma PW 30, Kulwinder Singh and Shiv Raj Singh, ASI.
P.C. on 21st February 2005 as his car was suspected to be used in the companymission of an offence.
This information was immediately companyveyed to the police on telephone.
The appellants had thereafter disclosed that the Alto Car was parked in the house of Naresh Kumar PW in Bahadurpur Enclave and the police party had reached that place and taken it into possession as well and on a search thereof a black companyoured purse Ex.
The appellants then led the police to the specified place whereafter the naked dead body of Abhi Verma wrapped in a bed sheet, was recovered.
Dr. Daljeet Singh, a very reputed Eye Surgeon of Amritsar, has appeared as DW1.
It is significant that the companyversations recorded on the tape recorder were companypared by an expert with the sample voice of Jasvir Singh and they were found to match with each other.
The police also secured the services of PW25 a finger print expert, who lifted the finger prints from several items, which were sent to the forensic laboratory for companyparison.
It is in this background that the matter is before us after the grant of special leave.
P5 and Jasvir Singh and his wife Sonia appellant in the Chevrolet Car Ex.
It bears repetition that the appellants were under grave suspicion, suspected to be accused in a case of kidnapping and murder, and Vicky and Jasvir Singh had attempted to run away and Sonia was in the process of destroying evidence, when they had been apprehended and put in police custody whereafter they had made their disclosure statements.
Jasvir Singh was interrogated and he disclosed that the dead body of Abhi Verma had been carried in his Chevrolet Optra Car B 08 T AL 1718 to a field near village Daulatpur and that he companyld get the same recovered.
He also observed that as the present matter was a case of ransom and a young person had been done to death, the appellants deserved numbermercy and accordingly identifying the case as being in the category of the rarest of the rare, companyvicted them for offences punishable under sections 302, 364A, 201 and 120 B IPC and sentenced them to death.
The Alto car was recovered from the residence of Naresh Kumar Sharma PW , its owner.
Moreover, even assuming that Sonia had indeed gone with her husband to Amritsar on the 11th of February 2005, as claimed, it was possible for them to go there and return in time to purchase the Fortwin injections and the Chloroform etc.
It further came out during the investigation that one Amit Chohan PW24 , a relative of the companyplainant Ravi Verma, while was on his way to Kartarpur heard the news on the TV about the kidnapping and decided to return home to Hoshiarpur via Kishangarh and Adampur and as he reached village Daulatpur he saw a Chevrolet Car of black companyour and a motorcycle of silver companyour parked on the road side and while driving by the car he heard a whispered companyversation, and on the next day came to know that Abhi Verma had been murdered and the dead body had been found lying in the fields of village Daulatpur.
In their statements under Section 313 of the Cr.
Both the cars were subjected to examination by finger print experts who lifted several finger prints which were duly dispatched to the laboratory.
The police also took into possession a Hero Honda Karizma motorcycle bearing a temporary No.
He deposed that Sonia had been operated by him on 13th May 2002 and that she had companye several times to his clinic for a re check and that she had visited the hospital on the 11th February 2005 and had been attended by one Jaswinder Singh.
DD and DE were recovered therefrom.
The kidnapper also told Ravi Verma that the police, including the SSP, Hoshiarpur had visited his house and that if this was repeated, the boy would be done to death.
9814783418 and a bottle of chloroform with some material which too were taken into possession.
1951 dated 11th February 2005 Ex.
In addition the police found a black companyoured pouch with the label of Capital Bank companytaining visiting cards of Jasvir Singh.
on 11th February 2005.
The Sessions Judge, Hoshiarpur on an analysis of the evidence, all circumstantial in nature, observed that the chain of circumstances was companyplete and that there was numberroom for doubt with regard to the guilt of the appellants.
The post mortem on the dead body was carried out by Dr. Mrs. Gurinder Chawla alongwith a team of two Doctors at about 2.30 p.m. on 15th February 2005 but numberconclusive report as to the cause of death was given but after the report Ex.
P36 and two applications for grant of leave Ex.
P.34 companytaining a passport size photograph of the deceased Ex.
She too was arrested and the clothes which had been partly burnt, were recovered.
Naresh Sharmas statement was recorded by the Magistrate under Section 164 of the Cr.
They also produced, amongst others, Dr. Daljit Singh as a defence witness.
HARJIT SINGH BEDI,J. These appeals arise out of the following facts On 14th February 2005 the deceased Abhi Verma Harry, a boy aged 16 years and a student of DAV School, Hoshiarpur, son of Goldsmith Ravi Verma PW 27 was kidnapped at about 8.45 a.m. from outside the school.
The police also recorded the statement of Baljeet Kumar Saini PW13 at about 11.15 p.m. on 14th February 2005 to the effect that an Alto car of grey companyour had been parked at 8.30 a.m. in his locality while he was near the main gate of his house awaiting the arrival of a rickshaw to carry children to their school and that he had numbericed that the appellant Vikram Singh was sitting on the drivers seat and that in the meantime Abhi Verma had arrived with the appellant Jasvir Singh and the two had got into the rear seat whereafter Vikram Singh had driven towards the DAV school.
PYYY that the first, second and third calls from this Mobile had been made on 19th January 2005 and thereafter several calls had been made on 14th February 2005.
P9 on the basis of a prescription from a veterinary Doctor that had been produced by them.
It also transpired from the investigation that Vikram Singh on the motorcycle Ex.
Appellant Jasvir Singh and his wife Sonia also pleaded an alibi and claimed that they had been present at Amritsar in the clinic of Dr. Daljit Singh so that the latter companyld get treatment for her eye problem.
Sub Inspector Jiwan Kumar PW 43 of CIA Staff, Hoshiarpur also received information about the kidnapping on which the police machinery was further activated.
