RAKESH Vs. STATE

JUDGEMENT

(1.) There is some confusion, but it hardly matters, whereas Vijay Bhandari PW-5 (father of deceased Vikas Bhandari) deposed that when he could not locate his son Vikas till it became dark on 13.11.2000 he lodged a missing persons complaint by ringing up the police control room; HC Veer Singh PW-6 deposed that on 14.11.2000 Vijay Bhandari came to PS Anand Vihar at 10:30 AM and got recorded his statement which was straight away reduced into a First Information Report Ex.PW-5/S. The fact of the matter remains that Vikas Bhandari left his house at around 4:30 PM for taking tuitions and never returned home. On 15.11.2000 his dead body was found in District Ghaziabad UP.

(2.) It is the case of the prosecution that the appellants and their co-conspirator Romil Sharma, who has turned approver and has earned a pardon, conspired to kidnap Vikas Bhandari and extract ransom from his father to release Vikas, who was known to appellant Rajneesh since Rajneesh had in the past taken private tuitions for Vikas. In furtherance of their conspiracy the four kidnapped Vikas from outside Sai Baba Mandir, Savita Vihar and took him to A-157, Sector-I, Vaishali, Ghaziabad which was taken on rent by Rajneesh. The plan went haywire since Vikas, who was drugged after he was kidnapped could not be properly re-sedated and lest his cries of distress summon people in the neighbourhood for rescue, the appellants and Romil Sharma strangulated to death their victim i.e. Vikas. To dispose of the body they borrowed a Maruti Car No.DVD 6717 from Vinesh Kumar PW-2 and after wrapping the body in a holdole (bisterband) threw the body at an isolated spot in front of Pahar Pur Factory, Maharajpur Industrial Area within jurisdiction of PS Link Road Ghaziabad.

(3.) Thus, charge framed against the appellants and co-accused Romil Sharma, who by the date when the charge was framed i.e. on 28.5.2001 had not turned an approver, was of entering into a conspiracy to kidnap for ransom Vikas Bhandari; to murder Vikas Bhandari and destroy/conceal evidence of the crime i.e. the offences punishable under Section 120B/364/302/201 IPC.