KUNAL BHANDARI Vs. STATE

JUDGEMENT

(1.) By these appeals, the appellants challenge the impugned judgment dtd. 8/5/2020 convicting Kunal Bhandari @ Rocky and Gaurav Chadha for kidnapping for ransom and committing murder of Master Ribhu (in short, "deceased') in furtherance of common intention and also causing disappearance of evidence by dumping the dead body at secluded place; and the order on sentence dtd. 3/6/2020 directing both Kunal Bhandari @ Rocky and Gaurav Chadha to undergo life imprisonment and to pay a fine of Rs.10,000.00 and in default to undergo rigorous imprisonment for 1 year under Sec. 364A of the Indian Penal Code, 1860 (in short, "IPC'); to undergo rigorous imprisonment for life alongwith fine of Rs.10,000.00 and in default to undergo rigorous imprisonment for 1 year under Sec. 302 IPC; and further to undergo rigorous imprisonment for 7 years alongwith a fine of Rs.5,000.00 each and in default to undergo rigorous imprisonment for 6 months under Sec. 201 IPC. The other two accused persons Sukhvinder and Rishabh Chauhan were acquitted for charges under Ss. 364A/302/201/34 IPC, but were held guilty under Sec. 411 IPC for receiving the stolen mobile phone of the deceased and receiving property obtained from ransom respectively. Both Sukhvinder and Rishabh Chauhan were sentenced to rigorous imprisonment for 3 years alongwith a fine of Rs.10,000.00 each, and in default simple imprisonment for 6 months.

(2.) Brief facts of the case are that on 28/7/2009, at about 2.45 pm, four persons kidnapped the deceased Ribhu Chawla aged about 16 years in a WagonR car from the road near Ujjwal Apartments, Vikas Puri. Despite receiving the ransom amount of Rs.15.00 Lacs, the accused persons murdered the deceased and disposed of the dead body in the morning of 29/7/2009 in the Vasant Kunj Jungle near Peer Baba Mandir, in front of Ryan International School, Vasant Kunj. The investigation was set into motion on the date of incident itself i.e. 28/7/2009 pursuant to ruqqa Ex.PW-2/B, 11/A, 20/A wherein it was disclosed by Sanjay Chawla (PW-2) complainant/ father of the deceased that he had received a call from his wife at about 2.45 pm stating that their son was kidnapped by 2-3 boys in a WagonR car no. DL-3378, after which he himself received a call from the mobile phone of his son and he was informed by the kidnappers that his son was in their custody and they demanded Rs.20.00 Lacs as ransom amount. FIR No. 217/2009 (Ex.PW-11/A) dtd. 28/7/2009 was registered under Ss. 364A/34 IPC at P.S. Vikaspuri. Eyewitness of the incident Shwetank (PW-3) narrated the entire incident to the IO Anand Lakra (PW-36) and then a team of police officials waited for a WagonR car with last digits '76' near Karnal by-pass but no such car was found and on the next morning at about 8/8/30 am, a call was received from PS Vasant Kunj that a dead body of a school boy was found near Mazar opposite Pocket C-8, DDA Flats, Vasant Kunj. The body of the deceased was taken to the AIIMS Mortuary, where the post mortem was conducted. The body was identified by father of the deceased (PW-2) and after the post mortem, was handed over to the father.

(3.) Post mortem was conducted by Dr. Sunay Mahesh (PW-24) on 29/7/2009 at 1.30 pm. He tendered his report vide Ex.PW-24/A which noted: i. Neck: On removing the ligature material from the neck, two ligature marks were visible. Ligature mark 1 was 6cm from chin and 14 cm from suprasternal notch of chest, 6 cm and 6.2 cm from right and left mastoid tips respectively. It was running backwards and upwards merging with posterior hair line. Ligature mark 2 was situated 10 cm from mentum of chin and 9.3 cm from the suprasternal notch, 7.5 and 7.3 cm from right and left mastoid tips respectively and it was running horizontally around the neck and on the back of the neck it was 6 cm from occipital prominents and