DEEPAK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by Deepak son of Amar Nath resident of village Shakarpura, P.S. Hasan Pur, District Samastipur, Bihar against the judgment of the learned Additional Sessions Judge, Karnal, dated 18.10.2008 convicting the accused-appellant under Section 364-A of the Indian Penal Code (for short "IPC") as also against the order of sentence dated 22.10.2008 whereby he has been sentenced to undergo imprisonment for life on being found guilty of kidnapping a 13 year old boy namely Yuvraj alias Yanki son of Nand Kishore Sharma for ransom, besides, imposing fine of Rs.1,000/- and in default of payment of fine to further undergo RI for two months.

(2.) The prosecution story as revealed in FIR No.677 dated 18.12.2007 registered at Police Station Civil Lines, Karnal at 12:40 p.m. on the complainant of Nand Kishore, Junior Engineer employed with the BSNL, Karnal, father of Yuvraj is as follows: the complainant stated that he has three children, the middle one being Yuvraj aged 13 years, the victim. In 2006, the complainant had engaged one Satnam Singh son of Tara Singh a contractor to construct the first and second floor of his house at Karnal. The contractor had engaged the services, amongst other workers, of a labour called Deepak-accused-appellant son of Amar Nath from Bihar for shuttering work and therefore, the members of his family became familiar with Deepak-appellant.

(3.) On 17.12.2007, Nand Kishore Sharma returned home after duty as usual at 7 p.m. He was informed by his wife Anju Sharma that Deepak had come to their house at 6.30 p.m. and had taken Yuvraj @ Yanki with him on a bicycle saying that the wife of Satnam Singh contractor had asked for Yuvraj, but the boy had not returned home. On this, the complainant went to the house of Satnam to inquire after Yuvraj but was told by Manni son of Satnam that Yuvraj has not visited their house and that his parents were away to Chandigarh since the morning whereupon the complainant returned home to inform and continue the search. At about 9 p.m., Vikram Singh @ Vicky, a neighbour, called the complainant on his mobile No.94160-47100 and informed him that Deepak had called Satnam Contractor on his mobile that Yuvraj has been taken away by Deepak. On returning home, the complainant found Satnam contractor present there. Satnam informed him that Deepak-appellant had called him as well on his mobile telling him that he had kidnapped Yuvraj and was demanding Rs 3,00,000/- as ransom for the boy's release. Satnam said that Deepak had warned him that in case the demand is not met, he would kill the boy. The boy did not return home and the next day the said FIR was registered at 12:15 p.m. and the criminal law was set into motion. Since an offence punishable under Section 364-A IPC was made out, on lodging of the FIR a special report was sent to the area Magistrate and to the designated officers informing of the registration of the FIR.