Samir Singh Sethi vs State of U.T.Chandigarh

M.L. Singhal, J.

The prosecution case in brief is that on 8.8.1991 at about 6.00 P.M., Major Shingara Singh PW resident of Sector 35A, Chandigarh had gone to meet Lt. Col. Batan Singh at House No. 2513 Sector 35B, Chandigarh and parked his Car No. CHM3194 outside his house and himself went inside. At about 6.45 P.M., when he came back, he found his car missing. He met SI Natha Singh near the market of Sector 35C, Chandigarh and made complaint Ex. PA to him. SI Natha Singh put endorsement on complaint Ex. PA and sent it to Police Station, Sector 36, Chandigarh. Case FIR No. 95, dated 8.8.1991 was registered under Sections 379/411 of the Indian Penal Code at Police Station, Sector 36, Chandigarh. Wireless message was flashed from the control room to all the Police Stations and mobile vehicles, that two young men had abducted child Amit from Sector 36 in a Car bearing registration No. 3194 at about 7.15 P.M on 8.8.1991. Sat Pal PW visited the house of his brother Rattan Lal No. 3010, Sector 35, Chandigarh. Smt. Laxmi Devi wife of his brother Rattan Lal was also present there. Master Amit aged 6 years son of Rattan Lal was playing in the street outside their house. In the meanwhile, cries of Master Amit were heard. Sat Pal PW ran outdoor immediately. He saw that while coloured Fiat Car No. CHM 3194, with its engine in start position was parked outside. He saw clean shaven young man sitting on the driver seat of the car. A Sikh gentleman (Samir Singh Sethi) forcibly kidnapped Master Amit and boarded the car. Sat Pal ran towards the car. Her was able to identify the driver in the car. He was "Rajiv Samson" son of Ashok Samson, who was previously a tenant in their house. Despite best efforts, Sat Pal could not stop the car. The kidnappers left ransom note on the wall of the gate of house of Rattan Lal. It was written in Hindi on a ruled paper. Ransom note showed that if the family of Master Amit wanted his (Master Amit''s) safety, they should reach Shimla road at 8.30 P.M. in their own car with Rs. 1,50,000/ as ransom. Ransom note warned them that in case they informed the police, they would be murdered. Sat Pal PW raised hue and cry, which attracted many people to the spot. He rang up the police control room, Chandigarh. ASI Gurmukh Singh met them there and he made statement Ex. PW1/A to ASI Gurmukh Singh. ASI Gurmukh Singh made enforsement on that statement and sent that statement to Police Station, Sector 36, Chandigarh, on the basis of which case FIR No. 96 dated 8.8.1991 was registered under Sections 362/387/120B/34 of the Indian Penal Code.

At about 7.15 P.M., Constable Iqbal Singh PW5, Constable Satbir Singh PW8, Constable Bani Sing and Gunman Balbir Singh were on Control Room Flying Squad Duty at Transport Chowk, Chandigarh. They received a wireless message from the Control Room about the kidnapping of Amit. They were checking the vehicles so as to trace Car No. CHM3194 in which the kidnapped child had been taken away. After some time, they observed the said car coming from the side of grain market. It was being driven by a Sikh youth and a clean shaven Hindu youth was sitting on the front seat with the driver alongwith the child. On seeing the police party, the driver of the car tried to swerve the car towards Manimajra. Constable Iqbal Singh etc. chased that car on their motor cycle. They intercepted the car. Both the occupants of the car ran away leaving the child Amit in the car. Sikh youth was overpowered by Constable Iqbal Singh and Constable Satbir Singh. Clean shaven youth was caught hold of by Constable Bani Singh and Constable Balbir Singh. Rajiv Samson and Samir Singh Sethi grappled with the police party and caused them injuries. Two live cartridges of .12 bore were recovered from the possession of each of the accused. One country made pistol was recovered from the dash board of the car. Case FIR No. 95 dated 8.8.1991 was registered under Sections 332/353/188 of the Indian Penal Code at Police Station, Manimajra. Case FIR No. 95 dated 8.8.1991 was registered under Section 25 of the Arms Act at Police Station, Manimajra. Amit (child) was recovered from them. The Police of Police Station, Sector 36, Chandigarh took the custody of Samir Singh Sethi and Rajiv Samson as at that Police Station, case under Sections 363/387/34/120B of the Indian Penal Code had been registered against them. The custody of Master Amit was also handed over to ASI Gurmukh Singh of Police Station, Sector 36, Chandigarh. Rajiv Samson and Samir Singh Sethi refused to give specimen of their signatures/handwriting before the Additional District Magistrate, Chandigarh on 9.8.1991. After the investigation, they were challaned.

In Police Challan No. 23 of 11.6.1992 (FIR No. 96 dated 8.8.1991 registered under Sections 363/387/34/120B of the Indian Penal Code at Police Station, Sector 36, Chandigarh), Judicial Magistrate Ist Class, Chandigarh vide order dated 12.11.1997 convicted and sentenced Rajiv Samson and Samir Singh Sethi to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/ each under Section 363 of the Indian Penal Code. In default of payment of fine, they were sentenced to undergo rigorous imprisonment for one month. They were further convicted and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 250/ each under Section 387 of the Indian Penal Code. In default of payment of fine, they were sentenced to undergo rigorous imprisonment for one month.

In Police Challan No. 102 of 8.8.1992 (FIR No. 95 dated 8.8.1991) registered under Sections 332/353 of the Indian Penal Code at Police Station, Manimajra, Judicial Magistrate Ist Class, Chandigarh vide order dated 6.1.1995 convicted and sentenced both of them to undergo rigorous imprisonment for one year each under Section 353 of the Indian Penal Code.

In Police Challan No. 16 dated 11.6.1992/5.8.1993 (FIR No. 95 dated 8.8.1991) registered under Sections 379/411 of the Indian Penal Code at Police Station Sector 36, Chandigarh, Judicial Magistrate Ist Class, Chandigarh vide order dated 6.1.1995 convicted and sentenced both of them to undergo rigorous imprisonment for one year each under Section 411 of the Indian Penal Code.

In Police Challan No. 31 dated 5.6.1992/5.8.1993 (FIR No. 95 dated 8.8.1991) registered under Section 25 of the Arms Act, at Police Station, Manimajra, Judicial Magistrate Ist Class, Chandigarh vide order dated 6.1.1995 convicted both of them and sentenced them to undergo rigorous imprisonment for one year each and to pay fine of Rs. 200/ each under Section 25 of the Arms Act. In default of payment of fine, both of them were further sentenced to undergo rigorous imprisonment for one month each.

Samir Singh Sethi and Rajiv Samson filed appeals to the Court of Session against their conviction and sentence namely; Crl. Appeal No. 12 dated 25.1.1995, Crl. Appeal No. 13 dated 25.1.1995, Crl. Appeal No. 14 dated 25.1.1995 and Crl. Appeal No. 50 dated 27.11.1997. Learned Sessions Judge, Chandigarh dismissed their appeals.

Not satisfied with the dismissal of their appeals by the learned Sessions Judge, Samir Singh Sethi has filed revisions to this Court namely Crl. Revisions No. 260 to 263 of 1999.

I will dispose of all these revisions through this common judgment as these revisions have arisen out of the conviction and sentence passed upon the petitioner for the liability incurred in the course of a transaction which is the offshoot of one and the same occurrence.

Sat Pal PW1 stated that at about 7.05 P.M. on 8.8.1991, he went to the house of his brother Rattan Lal, namely No. 3005, Sector 35, Chandigarh. He was sitting inside the house with Smt. Laxmi Devi wife of Rattan Lal. They heard the cries of Master Amit aged about 6 years from outside the house, where he was playing in the street. He went outside and saw Fiat Car No. CHM3194 in start position. A clean shaven young man (Rajiv Samson) was sitting on the driver seat of the car and Samir Singh Sethi was holding Master Amit. He stated that he had known Rajiv Samson since before as his father had been a tenant in the house of Rattan Lal. Samir Singh Sethi and Rajiv Samson ran away in the said car. While running, they left a ransom note on the wall of the gate of the house of Rattan Lal in which they demanded Rs. 1.50 lacs as ransom from them, which they wanted to be delivered to them at 8.30 P.M. on Shimla Road. He also stated that Raj Kumar PW2 was also present there and he also witnessed the occurrence. Raj Kumar PW also stated to the same effect. Constable Pawan Kumar stated that on 8.8.1991 on receipt of the message from the Police Control Room, he accompanied by ASI Gurmukh Singh and Constable Narinder Singh rushed to the place of occurrence where Sat Pal made statement Ex. PW1/A to ASI Gurmukh Singh and signed it in token of its correctness. He also handed over the ransom note to ASI Gurmukh Singh, who took it into possession. Constable Iqbal Singh PW5 and Constable Satbir Singh PW8 also stated that on the evening of 8.8.1991, they were on Control Room Flying Squad Duty on motor cycle No. CHP9656 near the Transport Chowk. At about 7.15 P.M. they received a wireless message from the Control room that a clean shaven and a Sikh young man had kidnapped a boy from Sector 35, Chandigarh in a Fiat Car No. CHM3194 and further they were proceeding with the car towards Manimajra. They started checking the vehicles to locate Car No. CHM3194. At about 7.35 P.M., this car was seen coming from the side of Grain Market and Rajiv Samson and Samir Singh Sethi were found sitting in it. One of them was driving the car and the other was holding the kidnapped boy. When they tried to stop the car, Samir Singh Sethi and Rajiv Samson were proceeding towards Manimajra. Constable Iqbal Singh PW5, Constable Satbir Singh PW8, Constable Bani Singh and Constable Balbir Singh on two motor cycles chased the car and intercepted it. They overpowered and secured both the accused. In the meantime, SI Raghbir Singh happened to come there. He searched Samir Singh Sethi and Rajiv Samson. On their personal search, two live cartridges of 12 bore were recovered from each of them. When it was unloaded, it was found loaded with one live cartridge. They assaulted them and caused them injuries so that they were not overpowered and nabbed. That stolen car belonged to Major Shingara Singh PW. Major Shingara Singh stated that he had gone to the house of his friend Lt. Col. Batan Singh in Sector 35B, Chandigarh in Car No. CHM3194 on 8.8.1991 at about 6.00 P.M. When he came out of the house, he found his car missing. He identified this car as belonging to him.

No evidence was led by the accused to show that the ransom note was not authored by them. Samir Singh Sethi and Rajiv Samson refused to give their specimen signatures/handwriting before the Magistrate so that those could be compared with the writing on the ransom note but they refused to give it and therefore presumption was justifiably drawn against them that the ransom note was in the hand of either of them.

Evidence was weighed by the learned Magistrate. It was weighed over again by the learned Sessions Judge. In my opinion, there is no flaw in the weighing of evidence by the learned Courts below. Learned Courts below justifiably found the charges proved.

Faced with this position, learned counsel for the petitioner in each revision submitted that the petitioner was a student of BAIII in the year, 1991. Eight years have passed. His career is ruining and further he is the only son of his parents and there is nonelse in the family to look after his old parents. Learned counsel for the petitioner submitted that looking to these glaring facts, the petitioner should have been allowed benefit of the provisions of Probation of Offenders Act, 1958.

Suffice it to say, the petitioner appears to be a depraved character. He appears to be inhuman inasmuch as he went to the extent of stealing a car and then kidnapped a child for ransom and carried arm and ammunition with a view to stall those who sought to nab him and actually assaulted them when they chose to nab him and his companions with the kidnapped child. Compassion and kindness are taught in every system of education. If despite having been taught compassion and kindness, he did not develop compassion and kindness in him but instead brutality, law cannot help him. I do not think, he should be released on probation of good conduct. Release on probation of good conduct will embolden him and he will think of earning easy money by resorting to kidnapping of small children for ransom and coercing their parents to satisfy his demand. Sentence imposed upon him is, however, harsh and deterrent. Keeping in view that he is on the threshold of life, I think sentence imposed upon him should be slashed and brought down.

So the sentence imposed upon him is slashed and brought down to rigorous imprisonment for one year alongwith fine of Rs. 500/ or in default of payment of fine to undergo further rigorous imprisonment for one month under Section 363 of the Indian Penal Code. He will undergo rigorous imprisonment for one year and to pay fine of Rs. 250/ or in default of payment of fine to undergo further rigorous imprisonment for 15 days under Section 387 of the Indian Penal Code.

Sentence imposed upon him under Section 353 of the Indian Penal Code is slashed and brought down to rigorous imprisonment for nine months.

Sentence imposed upon him under Section 411 of the Indian Penal Code is slashed and brought down to nine months rigorous imprisonment.

Sentence imposed under Section 25 of the Arms Act is slashed and brought down to rigorous imprisonment for 9 months. Sentence of fine together with default clause will remain unaltered.

Substantive sentences awarded to the petitioner in each of the aforesaid cases shall run concurrently.

Subject to the reduction in sentence and the giving of the direction as to how the petitioner is required to serve the said sentences, these revisions fail and are dismissed.

Revisions dismissed.