DEVENDER KUMAR Vs. STATE

JUDGEMENT

(1.) . This criminal appeal is directed against the judgment and order of the Learned Additional Sessions Judge dated 9,6.1998 and 10.6.1998 convicting the appellant under Sections 364-A and 302 IPC and sentencing him to undergo life imprisonment for the offence punishable under Setion 364-a IPC with a fine Rs.10,000/- and in default of payment of fine to further unders rigorous imprisonment for six month. The appellant was also sentenced to undergo life imprisonment for the offence punishable under Section 3O2 IPC with fine of Rs.10,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months. Both the substantive substances were directed to tuls conourrently.

(2.) The facts of the case, as have bean noted by the learned Additional Seaaiona Judge are that: "on 25.11.94 deceased Amit left his house at about 12 in the day and did not come back whereafter search continuad for him for the next two daya, but to no avail. On 28.11.94, Shri Jal Singh - uncle of deceaeed Amit, went to the police Post Meet, Nagar and lodged a missing report Ex. PM1/A on the basis of which a case FIR under Section 363 I.P.C. was registered. On. 28.11.94, a ransom note said to have been delivered at the place of the deceased was hnaded ovar to the police wherein a sum of Ra. two lac wae demanded for the safe return of the missing child Amit. A telephonic call was also received at the housa of a neighbour Mr Rathee wherein also the said demand waa repeated but none came to the given place for colleoting the money where a police team accompanied by 3al Singh awaited for the suspect. The telephone caller was recognised by the complainant from his voice as being accused Devendar, who was a tenant in the house of the complainant. It waa on 30.11.94, a police team constisting of Special Staff, the complainant and two other persons happened to be prasent near a wine shop at Loni Road where complaint Jal Sing pointed out towarda accused Devendar as baing the suspect. Accused Devender was found present in the company of one other person and was arrested. Accuaed Devender was interrogated and his diacloaure statament was recorded. The accuaed was wearing a shirt torn on its back which was also taken in possession. Accused Devender then led the police team to Police Farms Yamuna Khadar and after taking it near to Sarkanda Jhunda - he pointed out towards a dead body of a child which was later on identified as the missing child Amit. While leaving the Police Farms - the accused also pointed out towards barbed wires where a torn cloth piece was found entangled which resembled to the cloth piece of the shirt of the accused and it was also taken in possession. The other four accused of this case were subsequently arrested by the police on the same day. Investigations were carried out further which included holding of the inquest proceedings, conduct of post mortem on the body of the deceased etc. Specimen writing of accused Devender was also obtained and the torn cloth piece and shirt of accused Devender and the specimen writing and the ransom note were sent to Forensic Lab."

(3.) The trial court acquitted the co-accused, Virender, Anand Kumar, Amar Singh and Pawan Kumar.