DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced trial in FIR No.317 dated 29.08.1992 under Sections 120-B, 364, 507 and 347 of the Indian Penal Code, 1860 (in short 'IPC') registered at Police Station Samalkha.

(2.) Prosecution story, in brief, is that on 25.08.1992 at about 3.00 p.m., Jagdeep Singh, son of complainant Dharam Singh had gone to play with other children. However, Jagdeep did not return home. Complainant searched for his son and could not locate him. Complainant was informed at about 5.00 p.m. by one of his covillagers that Jagdeep had been taken away by four five young boys in a Maruti car after he was brought by one young boy on a motorcycle from the village. The car had then left towards Samalkha side. On 29.08.1992 at about 3.00 p.m., when the complainant reached home at Samalkha, he saw an envelope lying near the door of his house. When the complainant opened the envelope, he found that there was a writing in the envelope asking him to arrange for Rs. 6 lakhs for release of his son. Complainant reported the matter to the police. Jagdeep, son of the complainant was recovered after 10 days from the date of his kidnapping.

(3.) After completion of investigation and necessary formalities, challan was presented against the accused. Appellant absented during the trial. Statements of nine prosecution witnesses were recorded. Accused Gurudutt and Satpal who had faced the trial were convicted and sentenced by the trial court vide judgment/order dated 16.09.2000/18.09.2000 under Sections 120-B, 364, 347 and 507 IPC. Appellant was arrested and was produced before the trial court on 29.01.2011. Appellant when examined under Section 313 Cr.P.C. prayed that he was innocent and had been falsely involved in this case. The trial court vide judgment/order dated 11.04.2012 ordered the conviction and sentence of the appellant under Sections 120-B, 364, 347 and 507 IPC. Hence, the present appeal.