UMESH KUMAR ALIAS BHOLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is instituted against judgment dtd. 8/12/2011 and order dtd. 9/12/2011, rendered by learned Additional Sessions Judge, Palwal, in Sessions Case No. 160 dtd. 24/12/2009. Appellants Umesh Kumar alias Bhola and Pawan Kumar along with co-accused Pooja were charged with and tried for the offences punishable under Ss. 365, 364A, 302, 201 read with Sec. 120-B of the Indian Penal Code. The appellants were convicted and sentenced as under :-

(2.) The case of the prosecution, in a nutshell, is that application (Ex.PK) was moved by Lal Chand (PW.5) to the police. It was stated by Lal Chand in the application (Ex.PK) that his son Rajiv had not returned. His missing report was lodged on 27/8/2009. He had suspicion that some unknown person had kidnapped his son. FIR (Ex.PA) was registered by the police on 1/9/2009. On 2/9/2009, Duli Chand (PW.4) received a ransom call. The caller demanded Rs.50,00,000.00 within 24 hours with a threat that in case ransom is not paid, Rajiv would be killed. After receiving the call, Duli Chand, Lal Chand and Basant Lal informed the police about the factum of demand of ransom. Call details (Ex.PS) were obtained. Pooja was arrested on 4/9/2009. She made disclosure statement (Ex.PB). Thereafter, Umesh was also arrested. He made disclosure statement (Ex.PC). Pawan Kumar was also arrested. He suffered disclosure statement. The dead body was not recovered. The investigation was completed and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused were also examined under Sec. 313 Cr.P.C. They denied the case of the prosecution.