DEVI RAM Vs. STATE

JUDGEMENT

(1.) THE appellant Devi Ram is convicted for the offences punishable under Section 364A/302/201 IPC as per the impugned judgment dated March 12, 2014 and directed to undergo rigorous imprisonment for life and to pay a fine of ' 1000/ -on both the counts i.e. Section 364A and 302 IPC. He has also been directed to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.1000/ - for offence punishable under Section 201 IPC vide the order dated March 26, 2014.

(2.) DEVI Ram assails the judgment on the ground that the testimony of witnesses does not show that the deceased was last seen with Devi Ram. The dead body was recovered from the drain on January 15, 2011 in a highly decomposed condition and thus no proper identification of the dead body could be carried out. No calls from the appellant to the father of the deceased have been proved. The voice demanding ransom call has not been identified to be that of Devi Ram. There was no proof that Devi Ram stayed in the house where it is alleged that the child was kept for 2 days. No material has been placed to show that the deceased and Devi Ram were related to each other. Though no defence evidence has been led, however Devi Ram's case is of false implication and in question to answer 'Do you want to say anything else?' he replied:

(3.) LATER , Banwari Lal PW -9 the father of Chetan informed the investigating officer on January 13, 2011 that he received a ransom call for paying ' 40,000/ - from phone No. 9012628183 on which Banwari Lal without informing the Police had gone to Meerut with ' 40,000/ - on January 10, 2011, however he could not trace his son nor anybody who wanted to take the money. On the basis of this statement Section 364A IPC was added and call details of phone No. 9012628183 were collected. The mobile number was kept under observation and it was found that IMEI no.358993014882880 on which mobile number 9012628183 was working had earlier been activated on 9811445740, which was in often contact with mobile number 9818132472. When both the numbers were informed to Banwari Lal he had no clue about the number 9811445740 but he stated that mobile number 9818132472 belonged to one Pop Singh, son of Ram Bharose, R/o of B -18/252 Jhuggi, Indira Camp, Kalyan Puri who was related to him from his village as nephew. Enquiries were made from Pop Singh who informed that mobile phone number 9811445740 belonged to Devi Ram, son of Ganga Ram. The mobile phone number was found to be issued in the name of Bantu Kumar, son of Ganga Ram. Consequently, Devi Ram was arrested and pursuant to his disclosure statement he pointed out the place where he had thrown the dead body, on which FIR No. 16/2011 under Section 302/201 IPC had already been registered at Police Station Sadar Bazar, Meerut.