AJAY KUMAR TRIPATHI Vs. STATE OF DELHI

JUDGEMENT

(1.) Crl.A.No.645/2004 is directed against the judgment of Additional Sessions Judge, Karkardooma, Delhi in Sessions Case No. 77/2003 arising from FIR No. 59/2000 PS Bhajan Pura, whereby the learned Judge vide his order dated 9.7.2004 has held the appellant guilty of the offence under Section 364A IPC, but acquitted him under Section 302/201 IPC and further by his order dated 13.7.2004 sentenced the appellant to life imprisonment together with find of Rs.2,000/- and in default of payment of said fine, additional RI for two months for an offence under Section 364 A IPC.

(2.) The facts of the case as have set out by the learned trial Judge in his judgment are as under:-

(3.) The prosecution in order to establish its case examined as many as 27 witnesses. Of these important one being, PW-11 Rakesh Gupta, uncle of the deceased, PW-2 Suresh Kumar Gupta, the complainant, Rajeshwar Dayal, father of the deceased as PW-4 Smt.Santosh, mother of the deceased as PW-5 and SI Tej Ram Meena as PW-27. The main witness of the prosecution is Rakesh Gupta PW-11, he deposed in the court that on 22.2.2000 at about 2 PM, while he was sitting at his shop at Bhajan Pura he was informed by his elder brother Rajeshwar Dayal that his son Neeraj had not come back from school. Thereafter, they also informed about the same to Suresh Gupta who is his brother in law and he alongwith Pankaj, his elder nephew went in search of Neeraj, but Neeraj could not be traced out despite their best efforts and thereafter they came back to the house of their brother Rajeshwar Dayal and at about 7.15 PM he attended the telephone call and the caller informed him that Neeraj is with him and demanded for Rs. three lacs for his release and he informed about the said fact to the family members and information was also given to the police in this regard and he got installed tape recorder on the said telephone No.2171598 through his friend Surender Arora and after sometime police also reached their house and was informed in this regard. On the next day at about 7 PM, same person called by phone on the same number and asked if money had been arranged and when he replied that money could not be arranged he again asked for arranging the money and will give call afterwards. At about 8.50 or 9 PM call was made by the same person and when he stated that money had been arranged, he told him to give that amount of Rs. three lacs ahead of Majnoo ka Tila at red light Gurudwara and turn towards right side and near the wall of a garden where STD and ISD with two plus is written and wall is to be climbed inside and on the tree on which there would be the writing of 'YES' money bag is to be kept there and to leave the place. The caller on the phone had also assured him that he will give proof of Neeraj when he will go to that pointed place. Thereafter, he went to PS informed the police and police asked him to reach the spot with money and police would follow him. Thereafter, he along with the amount of Rs. three lacs keeping in a cloth bag reached at the pointed place at 10 PM but as it was dark inside the park, and he did not see anyone he returned back along with the bag. On the next day morning at about 8.30/9 AM he received a phone call by the same person who asked him as to why he did not bring cash yesterday and thereafter he asked him to bring the cash amount at Sheeshganj Gurudwara and informed him that inside the Gurudwara in the gents toilet he would found a token of 142 in a aala and in return of said token 142 he will get the bag containing clothes and kara of Neeraj from the Ghathari Ghar and after keeping the said bag he will place the bag containing cash amount and said token is to be kept in the same aala and after receipt of ransom amount Neeraj would reach their house. After attending the said call, he went to PS and informed the police in this regard, on which a raiding party was formed and police asked him to do as he was told to do on phone and police team would be with him. Thereafter, he alongwith money bag containing Rs. three lacs reached Sheeshganj Gurudwara where SI Meena and other police party met him there and told him one Dilbag Singh Sardarji of the police had been made to sit in the gathri ghar and he should not worry. Accordingly, he went to the toilet at Gurudwara and took the token from the aala and collected the gathri from the gathri ghar and in place of bag containing coat and kara of Neeraj, he placed money bag containing Rs. three lacs and placed the said token in the aala itself and hided himself in the side of Gurudwara. At about 7.30 PM, he saw SI Meena along with other police officials apprehending that person who was having the thaiia in his hand and that person was Ajay Kumar Tripathi who was known to him being neighbourer and was residing in the neighbourhood as a tenant and the brother of said Ajay Kumar, Sanjay was friend of Neeraj. On search of thaiia which was in the hand of Ajay Tripathi Rs. three lacs were recovered and from his pocket one map and Rs.15/-in cash were recovered and said Ajay Tripathi is the accused present in the court. He also added that said Ajay Tripathi had visited their house on the birthday and had presented a gift which was earlier to this incident. The police seized the said currency notes vide memo EXPW 10/G bearing his signature at point B and the map recovered from the pocket of accused was seized vide memo EXPW 10/A and the said map is EXPW 10/B. The kara and coat which were found in the bag were handed over by him to the police which were seized vide memo EXPW 10/F. The accused was arrested vide personal search memo EXPW 10/C. He informed about the incident at his house to Suresh Gupta. He remained throughout with the police and from there accused was taken near Gali No.9 at the corner at Thana road where the accused led the police party and pointed out towards the lanter of the nala. Meanwhile, Suresh Gupta also reached there and the accused got recovered the dead body of his nephew Neeraj. Both hands and legs of Neeraj were found tied.