PARMOD AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24.12.2009 rendered by learned Additional Sessions Judge, Gurgaon whereby appellantsaccused were convicted for the offence punishable under Sections 201, 302, 396, 412 of the IPC. Vide order on sentence dated 08.01.2010, each one of the accused was sentenced to undergo imprisonment for life and a fine of Rs. 50,000/- for offence under Section 302 IPC. In default of payment of fine, to further undergo simple imprisonment for two years; for offence under Section 396 IPC, each one of the accused were sentenced to undergo rigorous imprisonment for a period of 10 years and a fine of Rs. 5,000/- with default clause; for offence under Section 201 IPC, each one of the accused was sentenced to undergo rigorous imprisonment for a period of 3 years and a fine of Rs. 5,000/- with default clause and for offence under Section 412, each one of the accused was sentenced to undergo rigorous imprisonment for a period of 10 years and a fine of Rs. 5,000/- with default clause. All the substantive sentences were ordered to run concurrently.

(2.) It may be mentioned here that 5th accused namely Lalit alias Bittu alias Lithar son of Panna Lal, being juvenile, was sent for his trial before the Juvenile Justice Board.

(3.) Brief facts of the case are like this; that on 14.11.2006, Ghanshyam son of Dhani Ram lodged report, Ex. PB, with the police to the effect that his son Ashish had left Gwalior for Gurgaon for the purpose of getting job, on 29.10.2006. Ashish was MBA. On that very day, Rohit, a friend of Ashish, at about 11.40 PM, gave a telephonic call at the house of the complainant and made inquiry as to why Ashish had not reached Gurgaon. To this, complainant replied that Ashish had already left for Gurgaon on 29.10.2006. Rohit further reported that Ashish told him on mobile phone No. 9350113937 that he had reached IFFCO Chowk and would reach Sector-15 within 15 minutes but his son did not reach there. As such, complainant lodged report regarding missing of Ashish at Gurgaon, on 31.10.2006. Complainant expressed that some unknown person might have kidnapped his son. He further disclosed that his son was wearing blue shirt and black pant. On this report, formal FIR, Ex. PB/2, was recorded.