UPDESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) UPDESH son of Mahender Singh, Gurjeet alias Sonu son of Randhir Singh and Vinod alias Kala son of Raj Singh have directed this appeal against the judgment dated 17.7.2004 in Sessions Case No. 159 of 2002 bearing First Information Report No. 120 dated 2.7.2001 registered under Sections 365, 302, 404/34 IPC at Police Station, Murthal.

(2.) ON 2.7.2001, Naresh Kumar wrote letter to SHO, Police Station Murthal that on 1.7.2001, at about 2:00 P.M, his son Aakash aged about six years had gone outside to ply bicycle. Munish, the friend of Aakash, who was residing in their neighbourhood was also with him. Aakash and Munish used to ply bicycles together. Aakash failed to return to his house up to 5:00 P.M. They thought that boys are playing outside. Thereafter, enquiry was made from the house of Munish, who was also found missing from his house. An effort was made to locate Aakash and Munish. On the same day, in the evening, a message was received on telephone No.82619 from Randhir resident of Sonepat. Randhir directed them to go to Qumaspur road on 8:00 P.M where a red colour cloth would be seen. Randhir did not demand any ransom. Telephone was disconnected when his identity was enquired. Aakash and Munish were abducted by some unknown persons. On receipt of the application, FIR No. 120 dated 2.7.2001 under Sections 365, 302, 404/34 IPC was got registered.

(3.) AFTER hearing Public Prosecutor for the State and defence counsel for the accused, learned Additional Sessions Judge, Sonepat found that a prima facie case under Sections 364-A, 302/34 IPC was made out against the accused. Accused were charged accordingly, to which they pleaded not guilty and claimed trial. In order to substantiate the charges, prosecution examined as many as 22 witnesses and tendered documents.