MANOJ KUMAR Vs. STATE

JUDGEMENT

(1.) Manoj Kumar (A-1), Chaman Lal @ Kake (A-2) and Manish Kumar @ Monu (A-3) have preferred the appeals against the judgment dated 11.03.2011 and order on sentence dated 16.03.2011 of Addl.Sessions Judge in SC No.21/2009 by which they were convicted for committing offences punishable under Sections 120-B, Section 364/364A/302/201 IPC read with Section 120-B and sentenced to undergo imprisonment for life with fine. They were further directed to undergo actual sentence of imprisonment for 40 years before grant of any remission.

(2.) On 07.04.2005, Sandeep Kumar @ Sonu left his house at about 5.00 or 6.00 P.M. stating that he would return within ten minutes. However, he never returned. Efforts were made to trace him but in vain. On 08.04.2005, Balbir Singh lodged missing person report (Ex.PW-1/A) and informed the police that Sandeep had a mobile No.9868202872 but was switched off. On 11.04.2005, Balbir Singh received ransom calls on his mobile No.9313944225 and the caller demanded a sum of Rs. 5,00,000/- for the release of his son. He informed the police and handed over invoice of the mobile phone and the insurance papers. SI S.S.Sandhu recorded Balbir Singh's statement (Ex.PW-1/A), prepared rukka (Ex.PW-20/D) and lodged First Information Report. On 13.04.2005 and 14.04.2005, Balbir Singh again received ransom calls from the mobile of his son Sonu. The caller threatened him that if the ransom amount was not paid, kidney of his son would be sold to recover the money. On 15.04.2005, investigation of the case was taken over by Insp.B.R.Mann. SI S.S.Sandhu collected call details of IMEI No.35252400425395 on 14.04.2005 from the office of ACP Panjabi Bagh. He also collected address of the SIM used in the mobile and found it issued in the name of Rattan Lal R/o D-3, Shiv Ram Park. He provided the call details and the address of SIM to Insp.B.R.Mann. A-3 was arrested from D-3, Shiv Ram Park, Nangloi. He disclosed that SIM No.9811627626 (HUTCH) used in the mobile instrument of the deceased was in the name of his father Rattan Lal. A purse containing Rs. 800/-, driving licence, SIM No.9868202872 (Dolphin) and a mobile phone make Nokia-1100 with SIM No.9811627626 was recovered in his personal search vide seizure memo Ex.PW-19/B. Pursuant to A-3's disclosure statement (Ex.PW-19/D), A-1 was arrested from his house no. 36, Extension-4, Nangloi. He was also interrogated and his disclosure statement (Ex.PW-19/G) was recorded. A-1 informed the police that after kidnapping Sandeep, they had committed his murder and had thrown the body in an abandoned room near police station Dharuhera and could recover it. He also implicated A-2 in the kidnapping and murder of Sandeep. It led to A-2's arrest from his house 34B Extention-4 Nangloi. He also made similar disclosure statement and volunteered to recover the body and clothes of the deceased. The police set out with the accused for the recovery of the body. The accused pointed out an abandoned building of Irrigation Department at NH-8 about 3-4 Kilometres ahead of police station Dharuhera and recovered decomposed body of Sandeep. Inspector B.R.Mann conducted inquest proceedings after associating the local police and sent the body for post-mortem examination. Dr.S.K.Duttarwal conducted post-mortem examination of the body. Deceased's clothes were recovered by A-2 from a godown 8/2, Kamruddin Nagar, Nangloi. A-1 recovered the motocycle bearing No. DL 4SA U3578 make Karizma (Hero Honda) from the back street of House No.11, Extension-4, Nangloi. During the course of investigation, the investigating officer collected call details from various service providers and recorded statements of the witnesses conversant with facts. Exhibits were sent to Forensic Science Laboratory and reports were collected. After completion of the investigation, a charge-sheet was submitted against A-1 to A-3 for committing the aforesaid offences. The accused were duly charged and brought to trial.

(3.) The prosecution examined twenty-three witness in all to substantiate the charges. A-1 to A-3 were examined under Section 313 Cr.P.C. They pleaded false implication. The appellants examined DW-1 (HC Surender) and DW-2 (B.K.Sharma) in defence.