DEV LAL Vs. STATE

JUDGEMENT

(1.) These are three criminal appeals and one criminal leave petition directed against the judgment and order of sentence dated 30.08.2010 and 01.09.2010, respectively. The Appellants-Dev Lal, Vinod @ Naulakha and Sarvesh in Crl.A. No. 91/2011, 176/2011 and 517/2011 respectively, are aggrieved by their conviction and sentence, whereas, according to the State learned Additional Sessions Judge fell into error in acquitting the Respondents Jasoda and Dharambir (in Crl.L.P. No. 156/2011) when, on the basis of the same evidence the three Appellants were convicted.

(2.) On 01.12.2007, Geeta (Complainant) lodged D.D. No. 19/A, when she could not find her son Hariom. There was no clue as to the whereabouts of Hariom till 28.12.2007. The complainant (Geeta) went to Police station Jahangirpuri on 28.12.2007 and made a statement to ASI Shanti Prakash suspecting her husband Rajbir, his brother Shyam Singh, his brother-in-law Jethpal and his father Siyaram as those responsible for kidnapping Hariom (her son). After registration of FIR (bearing No. 811/2003) under Section 363 IPC, investigation was started. During the course of investigation it was revealed that Dev Lal and his wife Jasoda, with the help of Dev Lal's brother, Suresh had kidnapped Hariom for a ransom. It is alleged that the kidnapped child was handed over by them to co-accused Vinod @ Naulakha, who sent a ransom letter addressed to the complainant (Geeta) through Dev Lal's brother Suresh. According to the prosecution version the letter was written by co-accused Dharmender @ Lala (proclaimed offender). The letter was posted at Etah and another letter demanding ransom was handed over to Dev Lal through Vinod. The said letter was dropped by Dev Lal outside the complainant's (Geeta) residential room. On the basis of the ransom letter the complainant reached village Kotakpur where she met accused Dharmender @ Lala, Vijender @ Kallu and Damodar @ Damua. It is alleged that Vijender @ Kallu talked to accused Vinod in Delhi and asked him to release the kidnapped boy. However, he could not be traced from the day he was missing. Five accused namely Vinod @ Naulakha, Vijender @ Kallu, Damodar @ Damua, Dharmender @ Lala and Suresh were declared Proclaimed Offenders and a report under Section 173 Code of Criminal Procedure was filed against the accused Jasoda, Dev Lal and Suresh. During trial accused Vinod and Suresh were arrested. A supplementary challan was filed against them after which the trial started. The accused pleaded not guilty to the charge punishable under Section 364A/120B read with Section 34 IPC.

(3.) The prosecution, establish its case, examined 21 witnesses. PW-1 Ramwati, PW-2 Sushila, PW-6 Sanjay, PW-9 Mahavir, PW-10 Ashok Kumar, PW-13 Babu Ram Kashyap, PW-15 Rajbir were examined by the prosecution to prove various circumstances which pointed to the guilt of the accused (of kidnapping Hariom for a ransom).