LAWS(SC)-2017-7-10

SONU @ AMAR Vs. STATE OF HARYANA

Decided On July 18, 2017
Sonu @ Amar Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The Appellants in the above appeals along with Dharmender @ Bunty were found guilty of abduction and murder of Ramesh Jain. They were convicted and sentenced for life imprisonment. Their conviction and sentence was confirmed by the High Court. Accused Dharmender @ Bunty did not file an appeal before this Court. Accused Rampal was convicted under Sec. 328 read with 201 Penal Code and was sentenced to 7 years imprisonment. His conviction was also confirmed by the High Court which is not assailed before us.

(2.) Dinesh Jain (PW-1) approached the SHO, Ganaur Police Station (PW 31) at 01:30 pm on 26.12005 with a complaint that his father was missing on the basis of which FIR was registered by PW 31. As per the FIR, Dinesh Jain left the rice mill at 7:00 pm on 25.12005 and went home while his father stayed back. As his father did not reach home even at 10:00 pm, he called his father's mobile number and found it to be switched off. He went to the rice mill and enquired about the whereabouts of his father from Radhey, the Chowkidar and was informed that his father left the rice mill at 9:30 pm on his motor cycle bearing Registration No. DL-8-SY-4510. He along with his family members searched for his father but could not trace him. He apprehended that his father might have been kidnapped.

(3.) After registration of the FIR, PW 31 started investigation by visiting the rice mill and making inquiries. On 28.12.2005 one motor cycle was recovered from a pit near Bai crossing. As the number plate of the vehicle was blurred, PW31 verified the engine number, compared it with the registration certificate to find that the seized motor cycle belonged to Ramesh Jain.