SHASHI KUMAR GUPTA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) SHASHI Kumar gupta, the petitioner herein is the brother of Pardeep Kumar Gupta. Pardeep Kumar Gupta is a resident of Yamuna Nagar. Anurag and Sachin (aged about 12 years and 10 years respectively at the time of occurrence) are the sons of the said Pardeep Kumar Gupta. On 12.3.1990 these two boys Anurag and Sachin had gone to play Video Games at the shop of Surinder Kumar Gulati at Yamuna Nagar, but since they did not return home till 5.30 p.m., enquiry was made at the Video Games shop and it was learnt that the boys were not available in the said shop. A telephonic call was received in the house of Pardeep Kumar Gupta informing that the above said boys had been kidnapped and demanding ransom of 3 lakhs if they should be released. Ultimately on the complaint given by the present petitioner-Shashi Kumar Gupta, a case was registered by the City Police Station, Yamuna Nagar under F.I.R. No. 130 dated 13.3.1990 under Section 364 I.P.C. against unknown persons. The kidnapped boys could not be rescued, aggrieved by which Pardeep Kumar Gupta, the father of the boys filed C.W.P. No. 3868 of 1992 on the file of this Court for a direction to hand over the case to the C.B.I. for investigation. This Court accordingly directed the C.B.I. to take up the investigation. The C.B.I. took up investigation vide FIR No.12/92-SPE-CHD dated 8.6.1992 under Sections 120-B, 364, 396 I.P.C. The petitioner's involvement in the commission of the offence was suspected since the petitioner and his brother-Pardeep Kumar Gupta allegedly had some property disputes. Petitioner-Shashi Kumar Gupta was arrested on 8.9.1992 but was released on bail by Court. One of the co-accused by name Sunil Kumar Gautam was arrested on 28.1.1994 and in the confessional statement under Section 164 Cr.P.C. he had admitted not only his involvement in the kidnapping but also named other co-kidnappers namely Kala, the present petitioner-Shashi Kumar Gupta and others as having kidnapped the boys for the purpose of killing them due to the property disputes between the petitioner-Shashi Kumar Gupta and his brother Pardeep Kumar Gupta. According to the C.B.I, the evidence on the file suggested that the kidnapped boys have been killed by accused Kala at the instance of the petitioner-Shashi Kumar Gupta, though direct evidence regarding the death of the kidnapped was not yet available then, and this aspect of the case was under further investigation. Later on the F.I.R. was converted as one with regard to the offences under Section 120-B read with Section 302 I.P.C., Sections 302, 364 and 511 I.P.C. on 3.6.1994, during investigation, Mohar Singh son of Ram Singh stated that he had met Kala in the month of Phaghan 1992 in the jail at Saharanpur, that Kala told him that the children were kidnapped at the instance of the present petitioner and killed 8/9 days after the kidnapping. The C.B.I. filed chargesheet against the petitioner-Shashi Kumar Gupta, Kala and others under Section 120-B read with Sections 364 and 386 I.P.C. But the Sessions Judge, Ambala framed charge on 31.7.1995 against the present petitioner and under Sections 120-B read with Sections 364 and 386 I.P.C ., under Section 364 I.P.C. against the present petitioner and others and under Section 386 I.P.C. against certain other accused.

(2.) DURING trial, Mohar Singh was examined as P.W.8 and he stated about his meeting Kala, one of the alleged kidnappers, at the jail and Kala telling him abut having kidnapped and killed the children at the instance of the present petitioner-Shashi Kumar Gupta.

(3.) THE petitioner-Shashi Kumar Gupta has, therefore, filed this revision petition for setting aside the above said order annexure P-6.