DEV RAJ AND ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this judgment, we shall dispose of four appeals, i.e., Criminal Appeal Nos.437, 442, 693 and 712-DB of 2007 as they arise out of the same impugned judgment and order dated 10.4.2007 and 13.4.2007, respectively passed by the Additional Sessions Judge, Fatehabad.

(2.) The appellants have been convicted by the Additional Sessions Judge, Fatehabad vide judgment dated 10.4.2007, under sections 364-A read with section 34 and section 506 of the Indian Penal Code. The appellants have been sentenced vide order dated 13.4.2007, to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/-each, under section 364-A of the Indian Penal Code. In default of payment of fine, to further undergo rigorous imprisonment for three months each. The appellants have also been sentenced to undergo rigorous imprisonment for three months each, under sections 323 read with section 34 and section 506 of the Indian penal Code. All sentences have been ordered to run concurrently.

(3.) Jagdish Singh, PW 5, the complainant, made a statement at 2.30 P.M., on 13.3.2002 at Police Station, Tohana, that his sons Labh Singh and Jagdev Singh, aged 18 and 16 years, respectively, and their cousin Sanjay son of Gurdeep Singh, student of class-I, aged 7-8 years, study in Sharda Montessory School in classes 10 th and 7 th , respectively. On 13.3.2002 Sanjay returned from school at 2.30 P.M., and told him that, two persons arrived in the school at about 10.30 A.M., and have taken away Johny @ Jagdev Singh, on a scooter. Jagdish Singh and his brother Gurdeep Singh rushed to the school and enquired from the teacher Jaswinder Kaur and Sulakshna, a Clerk, about the whereabouts of Johny @ Jagdev Singh. The teachers informed them that at about 10.30 A.M., two unknown persons came to the school. One of them, remained standing near a scooter, parked in the street, whereas the other one entered the school and made a request that as Labh Singh's father has suffered injuries, Labh Singh has been called back home. She allowed Johny @ Jagdev Singh to leave with this person. Jagdish Singh informed the police that he apprehended that his son has been kidnapped with an intention to kill him. The statement led to the registration of an FIR No. 71 dated 13.3.2002 at Police station City Tohana, under sections 364, 364-A, 342, 323 and 506/34 IPC.