ASHOK KUMAR ALIAS GOVIND Vs. STATE

JUDGEMENT

(1.) Case of the prosecution is that the appellants and co-accused Jeet Kaur (who has been acquitted after the trial) hatched a conspiracy on 16.9.2001 to kidnap for ransom Master Rishabh and Master Shubham, twins aged 41/2ars and in furtherance thereof on 17.9.2001 kidnapped Master Rishabh and Master Shubham as also abducted the driver Sunil, employed by Shri Rajiv Aggarwal, father of Master Rishabh and Master Shubham. That, in furtherance of the conspiracy, to eliminate they being identified, since appellant-Ashok was also employed as a driver by Shri Rajiv Aggarwal and hence driver Sunil knew appellant-Ashok, driver Sunil was murdered and body hidden in a cane field next to a canal in village Silarpur and as per the conspiracy ransom in sum of Rupees One Crore for each child was demanded. As per the prosecution, the conspirators gave effect to the conspiracy inasmuch as on 17.9.2001 kidnapped the two children and abducted the driver and thereafter murdered the driver as also demanded ransom but their mission failed because they were apprehended.

(2.) It is not in dispute that Master Rishabh and Master Shubham were students of Bal Bharti School, Sector-14, Rohini, studying in Nursery Section-A. As proved by their class teacher Ms. Anjana Baweja PW-1, who we note has not been cross-examined, Master Rishabh and Master Shubham sons of Shri Rajiv Aggarwal were dropped at the school in the morning by the driver of Rajiv Aggarwal and at 12.45 noon the same day the children were entrusted to driver Sunil after school hours were over.

(3.) Neither the two young boys nor their driver returned to their house. Their father Rajiv Aggarwal went to the local police station i.e. PS Prashant Vihar at around 6:00 p.m. on 17.9.2001 and informed HC Khushi Ram PW-5, the officer on duty, that his children as also the driver were missing. HC Khushi Ram noted the statement Ex.PW- 5/B in the daily diary register vide DD No.13A and informed the police control room. He registered the FIR Ex.PW-5/A on the basis of the statement Ex.PW-5/B under Section 363, IPC. Soon thereafter Shri Rajiv Aggarwal received a telephone call demanding ransom of Rupees One Crore per child, which information he dutifully passed on to ASI Chander Pal Singh PW-29 to whom the case was entrusted for investigation after FIR Ex.PW-5/A was registered. ASI Chander Pal Singh recorded a supplementary statement of Shri Rajiv Aggarwal under Section 161, Cr.P.C. and added the offence under Section 364-A, IPC for further investigation in the FIR.