VIPIN KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal Nos.468 of 2002 and 196 of 2002 seek to challenge the common judgment and order of the Additional Sessions Judge, Delhi, in Sessions Case No.127/1999 arising out of F.I.R. No.908 of 1998, Police Station Dabri whereby the learned Judge vide his judgment dated 15.9.2001 has held the appellants, Vipin Kumar and Ramesh, guilty for the offence under Sections 120-B, 364-A, 302 and 201 IPC. Further, by his order dated 19.9.2001, the learned Judge sentenced both the appellants to life imprisonment under Section 302 IPC with a fine of Rs.25,000/- each and in default of payment of fine further rigorous imprisonment for one year each; imprisonment for life under Section 364-A IPC with a fine of Rs.25,000/- and in default of payment of fine further rigorous imprisonment for one year each; rigorous imprisonment for seven years under Section 201 IPC with a fine of Rs.20,000/- and in default of payment of fine further rigorous imprisonment for nine months each. All the sentences were directed to run concurrently.

(2.) Brief facts of the case, as have been noted by the learned Additional Sessions Judge, are that :

(3.) Prosecution to substantiate its case examined 15 witnesses. Of these PW-2, Mohar Singh, is the father of Avdhesh Kumar. He testifies that Avdhesh was eight years of age and was a student of 2nd class in R.M. Convent School, Kailashpuri. On 23.12.1998, Avdhesh went to school around 7:45 a.m. and as usual Mukesh went to pick him up at 1:30 p.m. but the Principal of the school told him that the boy had already been taken away. Mukesh reported this matter to Mohar Singh who began searching for the child. During this time, a letter was delivered to Pinki, his daughter, which letter was in the nature of a ransom note. Mohar Singh reported the matter to the police and an F.I.R. Exhibit PW 2/B was registered. He goes on to state that he had informed the police that 10-12 days prior to 23.12.1998, Vipin Kumar, present in court, along with one Naresh had come to stay at their house for about two nights. Naresh was related to Mohar Singh and had introduced Vipin as his friend. Vipin had taken Avdhesh to school on one of those days on his scooter. Naresh was identified by this witness as being the same person. The witness proved the ransom note Exhibit PW 2/A and the seizure memo Exhibit PW 2/C. Mohar Singh further deposes that on 24.12.1998 at about 8 p.m., a shopkeeper handed over another letter in which there was a demand of Rs.3 lacs as ransom. This letter was also handed over to the police Exhibit PW 1/C, the envelope Exhibit PW 1/B and the seizure memo Exhibit PW 1/A. He further testifies that on 02.01.1999, he had gone with the police to Noida when accused Vipin was arrested from his room. His personal search was conducted vide memo Exhibit PW 1/D. Vipin made a disclosure statement Exhibit PW 2/E which was signed by him. A notebook was seized from the room of Vipin which had a sketch of Sagarpur area on it as also particulars as to when the child was to be lifted. The notebook was Exhibit PW 2/F and the writing on the notebook was Exhibit PW 2/G. Vipin disclosed the involvement of Ramesh in the crime. On this, the police caught up with Ramesh at the house of his uncle Harish. Ramesh was arrested and his personal search was conducted vide memo Exhibit PW 2/H. Ramesh, on interrogation, made a disclosure statement Exhibit PW 2/J. Thereafter, both Ramesh and Vipin lead the police party to the canal where they had thrown the child Avdhesh after killing him. The pointing out memo is Exhibit PW 2/K. They then lead the police party to a room in Nasir Pur, Harijan Basti, which was lying locked. The lock was broken open in the presence of the landlord Suresh Kumar and from the room, school bag of Avdhesh was recovered. In the bag, there was a lunch box, geometry box and class II books as also notebooks. Clothes of the deceased, namely, a jersy, shoes, cap, etc., were also recovered at the instance of Vipin. These articles were seized vide memo Exhibit PW 2/N. Vipin also got recovered an empty packet of tablets which was seized vide memo Exhibit PW 2/P. The articles recovered were identified as Exhibit P-1 to P-10, pair of socks Exhibit P-11/1 and 2 and pair of shoes Exhibit P-12/1 and 2. Mohar Singh was extensively cross-examined. In cross-examination, he states that Vipin and Naresh had come to his house prior to kidnapping of Avdhesh on a two-wheeler scooter. He confirms that Naresh was also interrogated by the police. He goes on to testify that he did not know the address of Vipin prior to his coming and staying with him. He testifies that he had also made inquiries from the Principal of the school. He also testifies that initially he did not suspect anyone. He further testifies that on the following day when he went to the school, he was told by the children that Avdhesh had been taken by some person on a two-wheeler scooter of green colour which was quite new. It is only hereafter that he began suspecting Vipin Kumar.