GIRISH CHAND Vs. STATE OF DELHI

JUDGEMENT

(1.) GIRISH Chand son of Bhawani Prasad, Ajay Kumar @ Raju son of Ganga Ram @ munshi Lal, Nahar Singh Yadav son of Sobran Singh, Sarfuddin son of Daraj Ali and Nanhe son of Munshi Lal are the five Appellants, who have been convicted by the Trial Court vide common impugned judgment dated 14th June 2006, for committing offences under Section 364-A/368/34 of IPC and vide common order dated 17. 6. 2006, the above named five Appellants have been sentenced under section 364-A/34 IPC to imprisonment for life and to pay fine of Rs. 5,000/- (Rupees five thousand) each and in default of payment of fine, they have been ordered to suffer simple imprisonment for a period of one year each. All the above named five Appellants have also been sentenced under Section 368/34 of IPC to undergo Rigorous Imprisonment for a period of seven years each and a fine of rs. 5,000/- each and in the event of nonpayment of fine, they have been ordered to undergo simple imprisonment for one year each.

(2.) ON January 25, 2008, the above titled four appeals were set down for final hearing. With the consent of the parties, the above titled five appeals are being decided by this common judgment as they arise out of common impugned judgment.

(3.) THE factual backdrop of this case which needs to be noticed is as follows. On the second day of September, 2001, at about 10. 40 PM, missing report of Ratnesh, aged 9 years, was lodged by Chandresh in P. S. Khajuri Khas, Delhi, vide d. D. No. 49-B. Telephone of complainant/first informant Chandresh was placed under observation and FIR u/s 363 of IPC was registered. On 8th day of September 2001, first informant Chandresh told the police that his son Ratnesh had been kidnapped and a ransom of Rs. 10 lakhs (Ten lakhs) was being demanded from him and the ransom amount has been settled at Rs. 3 lakhs (Three lakhs) and the first informant Chandresh has been called at 4 or 5 P. M. at Baber Fateh Garh Road near kali Nadi, District Farukhabad, UP with the ransom amount. Accordingly section 364 of IPC was added and the raiding party alongwith complainant/first informant with the ransom amount in a suitcase had left in a private vehicle and had reached near Kali Nadi, Baber Fateh Garh Road, District Farukhabad, UP at about 7 PM and when none came to collect the ransom money, the raiding team went to p. S. Mohmdabad, District Farukhabad, (UP ). On 9th day of September 2001, the raiding team alongwith local police went to Kali Nadi, Baber Fateh Garh Road, district Farukhabad, UP, at about 3 PM because it was learnt on phone from the house of the first informant that the kidnappers would come there.