KIRAN BEGHRAJ Vs. STATE

JUDGEMENT

(1.) AS per the prosecution co-accused Dharambir, who has been acquitted, was the mastermind behind the conspiracy. At his instance, the appellants as also the juvenile accused Sonu son of Dharambir, contrived to kidnap Deepak aged 8 years son of Radhey Shyam to extract ransom from Radhey Shyam and in the process, the appellants to whom illegal custody of Deepak was handed over by Radhey Shyam and Sonu, murdered Deepak whose body was recovered from the precincts of a sugarcane field on the National Highway Khatoli towards Meerut in theState of Uttar Pradesh.

(2.) AS deposed to by Radhey Shyam PW-2 and Usha PW-1, the father and mother respectively of Deepak, he went missing from his house on

(3.) 02.2004 and an FIR for the offence punishable under Section 363 IPC was registered on 04.02.2004 at 12:20 in the Noon. The child could not be located. 3. On 05.02.2004 a telephone call was received at telephone No.27784291 installed in the house of Gopi Chand PW-3, a neighbour of Radhey Shyam, with the caller informing Gopi Chand to call Radhey Shyam, who was summoned by Gopi Chand and was asked by the caller whether he wanted to meet his son. As deposed to by Radhey Shyam, he replied in the affirmative. The caller told him to wait for a further call at around 12:00 Noon. But, before 12:00 Noon, at around 11 or 11:15 A.M. another call was received and Deepak spoke to him. The person calling demanded ransom in sum of Rs.2 lacs for release of Deepak and informed him that the place for delivering money would be intimated later. Since the phone of Gopi Chand had a caller ID facility, Radhey Shyam noted the telephone numbers wherefrom the calls were made and immediately proceeded to the police station to pass on said information to the police. As deposed to by SI R.K. Mann PW- 17, Radhey Shyam met him on 05.02.2004 and informed him that at the number 27784291 two calls were received from telephone Nos.1396223082 and 139622211 and that the caller demanded ransom in sum of Rs.2 lacs to release Deepak and that Deepak had spoken to him. Thus, he got added in the FIR the offence punishable under Section 364A IPC and arranged a raiding party to go to district Muzaffar Nagar for the reason he two telephone numbers from where the calls were made, with reference to the area code, related to said place. Besides himself, the raiding party consisted of Ct. Ramesh Kumar PW- 11 and Ct. Mange Ram PW-9. The father of the kidnapped child was also taken along and they reached Muzaffar Nagar in theState of Uttar Pradesh. They found out from the telephone exchange that the two telephone numbers were installed at a STD shop at bus stop village Morna and a STD booth at Behra Sadat in Muzaffar Nagar District. 4. The police team managed to track down the two booths which belonged to Irfan Mohd. PW-4 and Bharat Bhushan PW-5 respectively and as deposed to by the said two persons and SI R.K.Mann PW-17 as also Ct. Mange Ram PW-9 and Ct. Ramesh Kumar PW-11, they i.e. Irfan Mohd. and Bharat Bhushan told that two persons along with a young boy had visited their telephone booths to make calls. They handed over print outs of bills Ex.PW-4/A, Ex.PW-4/B and Ex.PW-5/A by generating the same from the machine attached to the telephone number which evidence calls made from their respective STD booths to the number 27784291 on 05.02.2004.