PARVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Parveen Kumar is in appeal against the judgment of conviction dated 03.01.2009 and order of sentence dated 07.01.2009 passed by the learned Additional Sessions Judge, Gurgaon, vide which the appellant was convicted for the offences under Sections 365, 302 & 201 IPC and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1000/- and in default of payment of fine to undergo imprisonment for a period of one month under Section 365 IPC; imprisonment for life and to pay a fine of Rs.5000 for an offence under Section 302 IPC and rigorous imprisonment for a period of two years and to pay a fine of Rs.500/- and in default of payment of fine to further undergo imprisonment for a period of 15 days for an offence under Section 201 IPC.

(2.) The prosecution case was set in motion on the statement of Digpal Singh, father of the deceased Rahul made to the Incharge, Police Post, Sectors 4-7, Gurgaon on 25.09.2007. In his statement (Ex.PA), Digpal Singh stated that he has two daughters and one son namely Rahul, aged about 12 years, who is studying in 6th class in Jiwan Jyoti School, Sector 4, Gurgaon. Rahul had gone to his school at about 6.30 AM on the cycle on 24.09.2007, but did not reach home though the school closed at 1.30 PM.

(3.) He stated that they searched for his son, but could not find any clue. He received a ransom call on his mobile phone No.9891835093 from landline phone No.01274320037 and the caller has conveyed to him that his son is with him, but did not disclose his identity. On the basis of such statement, FIR Ex.PB was recorded for an offence under Section 365 IPC.