NARAIN GIRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant No.2 - Lachhman Giri during the pendency of the appeal.

(3.) The FIR (Ex:P-9) in the case was registered regarding missing of Rajiv @ Raju on the statement (Ex: P-29) of complainant - Jai Ram (PW-9) made on 18.09.2005 before Inspector Ram Niwas, SHO, Police Station Jagadhari (PW-17). It is stated by complainant - Jai Ram that he was employed as driver with Rajiv Gupta @ Kaku (PW-10) resident of Kali Mandir, Jagadhari and he was known to all his relatives. The brother-in-law of Rajiv @ Kaku Gupta, namely, Rajiv Goel @ Raju was residing with his family near Kali Mandir, Jagadhri. On 17.09.2005 at about 11:15 pm, the complainant Jai Ram had gone to park the car in the garage. Rakesh Singla was accompanying the complainant. At that time Lachhman @ Rinku Criminal Misc.No.8503 of 2012 in (applicant - appellant No. 2), Narain Giri @ Gochi (appellant No.1), Braham Giri @ Saddu (appellant No. 3) sons of Om Giri and Pardeep Sharma (appellant No. 4, son of the sister of the mother of appellants No. 1 to 3), Narender Singh @ Jhullu @ Rinku were standing with Rajiv @ Raju (the missing person). After some time, when the complainant and Rakesh Singla returned after parking the car in the garage, then all those five persons (appellants No. 1 to 4 and Narinder Singh @ Jhullu @ Rinku) with Rajiv @ Raju were going to the house of Lachhman @ Rinku (applicant/appellant No.2). The whereabouts of Rajiv @ Raju could not be known till then despite inquiries being made by his relatives. The complainant had a suspicion that the said five persons had kidnapped Rajiv @ Raju with the intention to kill him because there was a dispute between Rajiv @ Raju and Lachhman @ Rinku (applicant/appellant No. 2) in respect of a piece of land measuring 8 Bighas which was situated near Kali Mandir, Jagadhari.