ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment, we will dispose of Criminal Appeal No. 13 -DB of 2012 filed by accused -appellants Ashok Kumar, Kaptan @ Captain, Jai Ram @ Baba, Ravi, Yashwanti, Ajay, Ajay Veer @ Tiny, Manjeet and Kala @ Parmod decided by learned Additional Sessions Judge, Jhajjar vide judgment and order dated 12.11.2011/25.11.2011 whereby they were convicted and sentenced as under:

(2.) JAGBIR Singh PW9 met SI Krishan Kumar (PW -29) on 21.5.2009 sometime before 12.45 a.m. (midnight) and made a statement Ex. P50 in which he stated that he is resident of village Jassaur Kheri. They are five brothers. In the year 2001, on the demand of money for cultivation of land, Vinod s/o Shakti, r/o Bawana, Ajay Veer @ Tiny s/o Ram Kumar, Ajit @ Billu s/o Om Singh had committed the murder of his brother Ranbir. In the year 2003, due to same enmity, his mother Chameli and nephew (sister -in -law's son) Dharmender, r/o village Dighal were murdered by Ram Kumar s/o Paras Ram, Jai Ram @ Baba s/o Ram Kishan, r/o Jassaur Kheri. In the year 2004, a compromise took place between them before the Panchayat but despite the compromise, the said persons were nursing grudge against them. Yesterday i.e. on 19.5.2009 his nephew (sister's son) Shamsher, r/o village Dighal had come to their house. On the next day at about 11.30 a.m. Shamsher went to village Dighal on his motor cycle No. HR -14C -5280. At about 12 noon, an anonymous caller from mobile No. 9812933600, belonging to Shamsher made a phone call on mobile No. 9812817853 belonging to Hari Om, enquiring as to whom said number (9812933600) relates. Hari Om told the anonymous caller that this phone number belong to his sister's son Shamsher. Then said anonymous caller disclosed that four boys of young age, who were riding a car bearing No. DL -7CJ -0376 had hit the motor cycle of Shamsher from backside near the liquor vend of village Luhar Heri. After hitting, the motor cyclist fell down on the road and his mobile also fell down in the bushes. Then all the four boys, who were sitting in the car, picked up the motor cyclist and put him in the car and went towards Jassaur Kheri. On receiving this information, Jagbir Singh complainant alongwith his family members started searching for Shamsher in the hospitals of Kharkhoda, Rohtak, Bahadurgarh and Sampla. As Shamsher was missing, his mother Krishna was also informed at village Dighal, who also started searching for Shamsher but he was not traceable till making of the complaint. Jagbir Singh made a statement that he suspect that on account of old rivalry, Ajay Veer @ Tiny s/o Ram Kumar and Vinod s/o Shakti r/o Bawana have kidnapped Shamsher after hatching a conspiracy with their companions with intention to kill him. Jagbir Singh requested to the police that Shamsher be traced. SI Krishan Singh thereafter recorded the police proceedings and sent to the same to Police Station Sadar, Bahadurgarh where FIR No. 167 dated 21.5.2009 u/s. 364 IPC was registered.

(3.) DURING the course of investigation, accused Ajay, Kaptan @ Captain, Jai Ram @ Baba and Parveen were arrested on 23.5.2009. Accused Ashok was arrested on 25.5.2009. Accused Ravi was arrested on 28.5.2009. Accused Yashwanti was arrested on 31.5.2009. Accused Ajay Veer @ Tiny was arrested on 13.8.2009. Other accused Manjeet, Parmod @ Kala, Vinod, Tarun @ Kala @ Kadwa were also arrested.