RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) THIS application has been filed by the State, under Section 391 read with Section 482 Cr.P.C., for taking specimen handwriting of the appellant Raj Kumar, before the Court, for the purpose of comparison with the handwriting on the ransom letters.

(2.) THE appellant Raj Kumar and other co-accused, have been convicted under Section 302/364A/201/120B IPC, for having abducted/ kidnapped Ashok @ Bunty for ransom and for his murder. The prosecution case, as accepted by the trial court, is that Ashok, aged 18- 19 years, was missing since 8.30 P.M., 6th December, 2005. Ashoks father, Ram Kishan (PW-5), searched but could not locate him. On 7th December, 2005, PW-5 called No. 100 and, on 8th December, 2005, lodged a ,,Missing Persons Complaint with Police Station, Kalyan Puri. On 9th December, 2005, PW-5 received a ransom note, demanding Rs.10 lakhs, along with the jeans jacket of Ashok. The ransom note, with the jeans jacket of the deceased, was dropped at the door step of PW-5s house. FIR No. 624/05 was registered under Section 364A IPC, on 10th December, 2005 at 00.10 Hrs with P.S. KalyanPuri. The factum of seizure of the said jeans jacket, along with the ransom note, is recorded in the endorsement Ex. PW5/B. Again, on 12th December, 2005, shirt of the deceased was thrown outside PW-5s house. The shirt had another ransom note/letter, repeating the demand and the threat (seized vide Ex. PW-5/D). On 15th January, 2006, at about 7.00 P.M., co-accused Rakesh was apprehended by Jai Prakash (PW-2), brother of PW-5, when he was attempting to throw another ransom letter inside PW-5s house. In the third ransom note/letter demand of Rs.15 lacs was made. On the basis of disclosure, made by co-accused Rakesh, and the investigation done by the police, the appellant Raj Kumar was arrested from the house of the accused Mohan.

(3.) DURING the course of investigation, ACP Rajeshwar Kumar (Retd.) (PW-16), on 18th January, 2006, took specimen handwriting of the appellant Raj Kumar, vide memo Ex. PW16/H-1 TO 16/H-3, for forensic evaluation. S.I. Sansar Singh (PW-15) was witness to the same. FSL Report, dated 30th June, 2006, (Ex. PW16/O) has been relied upon for two reasons. Firstly, to prove that the ransom notes were in the appellant Raj Kumars handwriting and, secondly, to prove that ransom notes were written on pages torn from the diary seized from the accused (Ex. PW- 2/G).