RAVINDRA KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) APPELLANT-Ravindra Kumar stood trial for the offence punishable under Sections 364, 365, 302 and 201 of the Indian Penal Code, 1860 (for short I.P.C.). He has been convicted by the Additional Sessions Judge, Dehradun for the offence punishable under Sections 364-A, 302 and 201 of the I.P.C. vide judgment and order dated 23rd September 1999 in Sessions Trial No. 100 of 1994 and has been sentenced to life imprisonment under Section 302 of the I.P.C. and a fine of Rs. One lac and has been sentenced to life imprisonment under Section 364-A and a fine of Rs. 50,000/- and has been sentenced to undergo rigorous imprisonment for life under Section 201 of the I.P.C. and a fine of Rs. 50,000/-. In default of payment of fine, he has further been ordered to undergo imprisonment for five years for each offence separately. All the sentences have been ordered to run concurrently. In case of realization of fine, Rs. One lac have been ordered to be paid to Smt. Raj Kumari, mother of deceased and Rs. 10,000/- to the Investigating Officer and Rs. 10,000/- to the A.D.G.C. (Criminal) as prize money out of the amount so realized.

(2.) IT is an unfortunate case where accused Ravindra Kumar allegedly abducted his own friend Suresh alias Vikki out of greed of money. He demanded a sum of Rs. 1,00,000/- (Rs. One lac) as ransom from the mother of his friend Suresh alias Vikki (since deceased) but even before the said money was to be handed over to him, he killed his friend by strangulating him and burried him in a deep pit.

(3.) THE investigation was initially handed over to S.O. Tej Veer Singh (PW-9). THEreafter it was handed over to S.I. S.P.S. Rathour on 24th January 1993 and it remained with him up to 18th March 1993 and thereafter the investigation was conducted by S.I. Ravi Dutt Tyagi (PW-8). On interrogation the accused disclosed that he could recover the dead body of Suresh. On the pointing out of the accused, the dead body was got recovered from PPCL plot on 12th January 1993 in the presence of Shiv Kumar (PW-3), Smt. Raj Kumari (PW-2), Gulshan Kumar (PW-1), S.H.O. K.K. Gautam, S.O. Tej Veer Singh (PW-9) and other police officials. THE dead body was identified by Smt. Raj Kumari (PW-2), mother of deceased and Shiv Kumar (PW-3) maternal uncle of deceased and Gulshan Kumar (PW-1). THE memo with regard to dead body is Ex. Ka-4. THE dead body was sent for the postmortem. THE postmortem was conducted on 13th January 1993 at 12:45 p.m. and the postmortem report is Ex. Ka-5. As per the postmortem report the death of Suresh was on account of strangulation.