SHANKAR YADAV Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present criminal appeals by Shankar Yadav, Inderjeet @ Inder and Vinod Kumar (hereafter referred to by their names) are against the impugned judgment dated 12 th May, 2011 and order on sentence dated 14 th May, 2011 whereby all of them were convicted under Section 364/34 and were sentenced to undergo life imprisonment with fine of Rs. 1,000/- and in default, to undergo simple imprisonment for six months. They were also convicted under Section 302/34 IPC and sentenced to undergo life imprisonment with fine of Rs. 1,000/-and in default, to undergo simple imprisonment for six months; under Section 201/34 IPC and sentenced to undergo imprisonment of seven years with fine of Rs. 1,000/- and in default, to undergo simple imprisonment for six months; and under Section 404/34 IPC and sentenced to undergo imprisonment of three years with fine of Rs. 1,000/- and in default, to undergo simple imprisonment for six months and all the sentences have been ordered to be run concurrently with benefit of Section 428 Cr.P.C.

(2.) In brief, the prosecution?s case is that on the night intervening 24/25.04.2003 at 00:35 hours Rameshwar Goswami, brother of the deceased (Ghanshyam) reported by DD No.2A Ex.PW27/A that Ghanshyam, aged about 35 years, 5? 7 height, fair complexion, who was wearing striped blue shirt and light blue trousers and khaki shoes, had left in his Tata Spacio Sumo (2000 model with engine no.4975826K27 772578 chassis no.421055K22 927295) with three passengers, booked by Amar Travels, Sector-1, Avantika. He had taken the three passengers to Hathras and Agra and was expected to return on 20.04.2003, but failed to return till that date. SHO, P.S. Rohini was requested to get the case registered and trace the brother of the complainant and also the vehicle.

(3.) On 25.04.2003 Rameshwar Goswami made a complaint Ex.PW3/A narrating the above facts and he stated that he suspected that those three passengers were the cause for his brother?s disappearance. He sought legal action against them. On the basis of this complaint, FIR No.205/03 was registered at P.S. Rohini under Section 365/34 IPC and investigation was assigned to S.I Ram Kumar Dahiya. For about a year, neither the vehicle nor its driver Ghanshyam could be traced. Further investigation was assigned to SI Raghbir Singh. After about one year on 13.05.2004, by DD No.35B (Ex.PW24/A) SI Pawan Kumar of AATS, telephonically informed P.S. Rohini about the arrest of one Inderjeet in case FIR No.160/04 P.S. Farsh Bazar under Section 25 Arms Act, where he made a disclosure statement regarding this case. Subsequently, two others, namely, Vinod and Shankar Yadav were arrested under Section 41 (1) Cr.P.C. by DD No.13A from P.S. New Ashok Nagar, they too disclosed about their involvement in the present case.