STATE OF HARYANA Vs. DEVINDER KUMAR

JUDGEMENT

(1.) On February 3, 2002 a taxi-driver named Naresh Kumar disappeared from Gurgaon with his vehicle never to be seen again.

(2.) RAM Niwas, a government contractor of Patel Nagar, Gurgaon, filed a report at Police Station City, Gurgaon on February 11, 2002 regarding the disappearance of his brother Naresh Kumar. The complainant's brother was a taxi driver on the complainant's Tata Sumo HR 55-T 8983. According to the complainant, on February 3, 2002 his vehicle had been hired by someone for Bareli (Uttar Pradesh) on payment of Rs. 1200/- for the trip. When the complainant's brother did not turn up till February 5, the complainant lodged a missing person report with the Police Station. The complainant had searched for his brother at Delhi, Ghaziabad, Noida, Meerut, Bareli, Shahjahanpur and Badaun but found no clue about the whereabouts of his brother or the vehicle. The complainant suspected that someone had hired the vehicle with a view to kill his brother after inducing him with payment of hire charges. The complainant also suspected that his brother was either confined somewhere or killed. Lastly, the complainant stated that the man who had hired the vehicle was of stout built, medium height, fair colour and aged about 40-45 years. He had thick moustaches and reverse hair. He wore spectacles. He had been clearly seen by complainant's son Sanju. The police registered F.I.R. No. 122 on February 11, 2002 under Section 364 I.P.C.

(3.) DEVINDER (Kumar) Sharma above mentioned was tried for Naresh Kumar's murder. He was found guilty and convicted by the learned Additional Sessions Judge under Section 302, 364, 201 and 120-B I.P.C. on May 14, 2008. The learned Trial Judge reviewed the law on death penalty and came to the conclusion that Devinder Kumar's was the rarest of rare cases and awarded death penalty, subject to the confirmation by the High Court under Section 366 of the Code of Criminal Procedure. Devinder Kumar was also awarded rigorous imprisonment for 10 years and to pay fine of Rs. 20,000/- under Section 364 I.P.C., in default of payment of fine to further undergo rigorous imprisonment for 2 = years. He was also awarded the death sentence for offence under Section 302 I.P.C. read with Section 120-B IPC. Lastly, he was awarded rigorous imprisonment for 4 years under Section 201 I.P.C. and to pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo rigorous imprisonment for 1 year. All sentences of imprisonment were directed to run concurrently. We have before us Murder Reference No. 04 of 2008 referred by learned Additional Sessions Judge, Gurgaon for confirmation of death sentence awarded vide his judgment dated May 14, 2008. Devinder Kumar has also filed Criminal Appeal No. 406 DB of 2008 to challenge his conviction and sentence.