SURESH Vs. STATE OF HARYANA
LAWS(SC)-2014-11-59
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
November 28,2014
SURESH
Appellant
VERSUS
STATE OF HARYANA
Respondents
Referred Judgements :-
HARI KRISHAN AND STATE OF HARYANA V. SIKHBIR SINGH [REFERRED TO]KHATRI 1 VS. STATE OF BIHAR [REFERRED TO]
SAVITRI VS. GOVIND SINGH RAWAT [REFERRED TO]
UNION CARBIDE CORPORATION UNION OF INDIA VS. UNION OF INDIA [REFERRED TO]
SUPREME COURT LEGAL AID COMMITTEE VS. STATE OF BIHAR [REFERRED TO]
NILABATI BEHERA ALIAS LAUTA BEHERA VS. STATE OF ORISSA [REFERRED TO]
DELHI DOMESTIC WORKING WOMENS FORUM VS. UNION OF INDIA [REFERRED TO]
KEWAL PATI VS. STATE OF UTTAR PRADESH [REFERRED TO]
STATE OF GUJARAT VS. HONBLE HIGH COURT OF GUJARAT [REFERRED TO]
CHAIRMAN RAILWAY BOARD VS. CHANDRIMA DAS [REFERRED TO]
SHAIL KUMARI DEVI VS. KRISHAN BHAGWAN PATHAK ALIAS KISHUN B PATHAK [REFERRED TO]
ANKUSH SHIVAJI GAIKWAD VS. STATE OF MAHARASHTRA [REFERRED TO]
Cited Judgements :-
SHIVAKUMAR VS. STATE OF KARNATAKA [LAWS(KAR)-2021-1-181] [REFERRED TO]RAMADHAR @ DADDI KACHHI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-283] [REFERRED TO]
ACHIYA BIBI @ ACHHIYA SARDAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-7-148] [REFERRED TO]
NIRMALA CHAKRABORTY VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-7-17] [REFERRED TO]
SHIKHA BENIWAL VS. STATE [LAWS(DLH)-2015-2-413] [REFERRED TO]
RAMESH @ GUDDU VS. STATE [LAWS(DLH)-2018-9-23] [REFERRED TO]
DALIP SINGH VS. STATE [LAWS(DLH)-2017-12-55] [REFERRED TO]
RAJ KUMAR VS. STATE [LAWS(DLH)-2019-12-4] [REFERRED TO]
VIJAY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-11-51] [REFERRED TO]
NUNGSHILILA VS. STATE OF NAGALAND [LAWS(GAU)-2017-7-52] [REFERRED TO]
MOJAFFAR SK. VS. STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-2015-8-159] [REFERRED TO]
NOLIRAM KRO VS. STATE OF ASSAM [LAWS(GAU)-2020-4-12] [REFERRED TO]
EAR ALI VS. STATE OF ASSAM [LAWS(GAU)-2022-12-51] [REFERRED TO]
RAM KUMAR SINGH VS. STATE OF U.P. [LAWS(ALL)-2015-5-470] [REFERRED TO]
JOHAN KHAKHA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-9-13] [REFERRED TO]
SHAKEEL AHMED VS. STATE (NCT OF DELHI) AND ORS. [LAWS(DLH)-2015-5-255] [REFERRED TO]
D REDDEPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-9-1502] [REFERRED TO]
MEHAR SINGH VS. STATE OF HARYANA [LAWS(P&H)-2016-2-452] [REFERRED TO]
INDERJIT SINGH BHATIA VS. STATE OF PUNJAB [LAWS(P&H)-2015-11-25] [REFERRED TO]
JAMNADAS VS. STATE OF M.P. [LAWS(SC)-2016-6-19] [REFERRED TO]
MISS AB VS. THE STATE OF BIHAR [LAWS(PAT)-2018-1-472] [REFERRED TO]
V. AMSU VS. THE STATE OF TAMIL NADU AND ORS. [LAWS(MAD)-2015-9-270] [REFERRED TO]
XXXXXXXXXX VS. STATE OF KERALA [LAWS(KER)-2023-8-12] [REFERRED TO]
KERALA STATE LEGAL SERVICES AUTHORITY VS. STATE OF KERALA [LAWS(KER)-2023-8-101] [REFERRED TO]
RAKESH KUMAR UPADHYAYA VS. STATE [LAWS(ALL)-2017-10-148] [REFERRED TO]
"A" VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-11-131] [REFERRED TO]
STATE OF KARNATAKA VS. VISHWANATHA DEVADIGA [LAWS(KAR)-2019-8-135] [REFERRED TO]
BABAN DATTA GAIKWAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-3-123] [REFERRED TO]
VIRENDER SINGH VS. STATE OF HARYANA [LAWS(P&H)-2015-9-29] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. RAM PAL [LAWS(SC)-2015-2-75] [REFERRED TO]
GITA RANI PURKAIT & ANR VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-5-9] [REFERRED TO]
DISTRICT COLLECTOR VS. DISTRICT LEGAL SERVICE AUTHORITY [LAWS(KER)-2020-12-19] [REFERRED TO]
CHHOTKU @ SATYANARAYAN GUPTA VS. STATE OF M.P. [LAWS(MPH)-2018-2-97] [REFERRED TO]
NUNGSHILILA VS. STATE OF NAGALAND AND OTHERS [LAWS(GAU)-2017-6-101] [REFERRED TO]
APU DUTTA VS. STATE OF ASSAM [LAWS(GAU)-2018-1-84] [REFERRED TO]
GAJJAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-10-328] [REFERRED]
ANOWAR HOSSAIN VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-9-157] [REFERRED]
RAM KUMAR VS. STATE OF U P [LAWS(ALL)-2015-5-82] [REFERRED TO]
KALU @ RAJINDER VS. STATE [LAWS(DLH)-2017-9-44] [REFERRED TO]
ACHUNG GANGMEI VS. STATE OF MANIPUR [LAWS(MANIP)-2019-7-39] [REFERRED TO]
SUMIT KUMAR SHAW VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-2-1] [REFERRED TO]
PARVEJ KHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-12-107] [REFERRED TO]
RAJU VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-1-69] [REFERRED TO]
FATEMA KHATUN VS. STATE OF ASSAM [LAWS(GAU)-2019-6-82] [REFERRED TO]
ABDUL AFIZ GULAMRASUL VOHRA VS. STATE OF GUJARAT [LAWS(GJH)-2015-7-116] [REFERRED TO]
PAWAN KUMAR RATHIA VS. STATE OF C.G. [LAWS(CHH)-2021-11-100] [REFERRED TO]
HEERALAL S/O DALLA, B/C SALVI, R/O MORCHNA, P.S. RAJNAGAR, DISTRICT RAJSAMAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-3-8] [REFERRED TO]
SADASHIVA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-6-310] [REFERRED TO]
LALSUONGLIEN VS. STATE OF MANIPUR [LAWS(MANIP)-2019-8-14] [REFERRED TO]
SAIRA BIBI @ SAURA BIBI VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-5-75] [REFERRED TO]
ANIL RAI VS. THE STATE OF BIHAR [LAWS(PAT)-2016-12-3] [REFERRED TO]
SHAIK AHAMMAD BASHA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2016-3-46] [REFERRED TO]
SUKHRAM @ DHAKU ROUTIYA VS. STATE OF C G THROUGH P S LAKHANPUR [LAWS(CHH)-2018-5-77] [REFERRED TO]
STATE OF CHHATTISGARH VS. SHANKAR HALDHAR [LAWS(CHH)-2019-11-25] [REFERRED TO]
STATE OF KARNATAKA VS. VISHWANATHA DEVADIGA [LAWS(KAR)-2019-8-113] [REFERRED TO]
STATE OF GUJARAT VS. JITESHBHAI BABUBHAI SOLANKI [LAWS(GJH)-2018-5-174] [REFERRED TO]
RUPAM BHAKTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-10-127] [REFERRED]
RANGANATHA VS. STATE OF KARNATAKA [LAWS(KAR)-2015-11-339] [REFERRED TO]
KANCHAN AND ORS. VS. RAVINDRANATH AND ORS. [LAWS(KAR)-2015-9-347] [REFERRED TO]
RAHEEMA VS. STATE OF KARNATAKA [LAWS(KAR)-2020-6-659] [REFERRED TO]
KAVITA NITYANAND SHETTY VS. STATE OF MAHARASHTRA THROUGH SECRETARY DEPARTMENT OF WOMEN AND CHILD [LAWS(BOM)-2021-10-65] [REFERRED TO]
KISHORI PRASAD SINGH VS. SANJIB BAISHYA [LAWS(GAU)-2018-2-85] [REFERRED TO]
RAVADA SASIKALA VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2017-2-59] [REFERRED TO]
ANEESHKUMAR VS. STATE OF KERALA [LAWS(KER)-2020-1-202] [REFERRED TO]
KASHMIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2015-12-42] [REFERRED TO]
SABU E.K. AND ORS. VS. STATE AND ORS. [LAWS(KER)-2016-3-95] [REFERRED TO]
KHUMAN SINGH VS. STATE OF M.P. [LAWS(MPH)-2018-1-431] [REFERRED TO]
UPENDRA PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2016-11-11] [REFERRED TO]
UPENDRA PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2016-11-11] [REFERRED TO]
BHANUMATHI VS. STATE OF TAMIL NADU REP.BY ITS SECRETARY, PUBLIC DEPARTMENT, FORT ST. GEORGE, CHENNAI [LAWS(MAD)-2016-12-197] [REFERRED TO]
SUFIAR RAHAMAN @ SK SUFIAR RAHAMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-7-5] [REFERRED TO]
XYZ VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-8-68] [REFERRED TO]
TEEKAMCHAND VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-3-63] [REFERRED TO]
KERALA STATE LEGAL SERVICES AUTHORITY VS. STATE OF KERALA [LAWS(KER)-2023-8-96] [REFERRED TO]
RAM AVTAR VS. STATE OF HARYANA [LAWS(P&H)-2015-9-30] [REFERRED TO]
JUDGEMENT
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(1.)This appeal has been preferred against conviction and sentence of the appellants under Sections 302 read with Sections 34, 364-A, 201 and 120-B of the Indian Penal Code.
(2.)Case of the prosecution is that on 18th December, 2000, the deceased Devender Chopra and his son deceased Abhishek Chopra had left their factory for their house in D.L.F., Gurgaon but did not reach their house. At about 9.41 P.M., PW-12 Pooja Chopra, daughter of Devender Chopra gave a call to her father to find out as to why he was late. She learnt that her father and brother had been kidnapped and ransom of rupees fifty lacs was demanded for their release. She contacted her father's business partner informing him that Devender Chopra and Abhishek Chopra were kidnapped and the kidnappers had demanded a ransom amount of rupees fifty lacs on telephone. The kidnappers also talked to the wife of the deceased Devender Chopra at 11 P.M. demanding ransom money. Raman Anand also talked to Devender Chopra. There were frequent calls from the kidnappers from the morning of 19th December, 2000 which were recorded on audio cassettes EX. P1 to P9. Since, the family could not fulfil the demand and offer to pay rupees ten lacs was not accepted by the kidnappers but negotiations continued. The police was not informed on account of the fear that the victims may be killed as was threatened. When the kidnappers did not release Devender Chopra and Abhishek Chopra, and finding no way out, the matter was reported to the police on 24th December, 2000 at 5 A.M. Statement of PW-2, Raman Anand EX. PC was recorded by Inspector Randhir Singh (PW-17) who deputed police officials at nearby STD booths. PW-14, SI Rajender Singh found the accused at STD booth Jawala Petrol Pump on Jaipur Highway at 8.15 A.M. He overheard accused Manmohan telling accused Suresh that ransom demand be not reduced below rupees twenty five lacs. He was in plain clothes and gave signal to PW-17 and the accused were apprehended. A slip EX. P-35 carrying residential phone number of Devender Chopra was recovered from Manmohan. Ashok accused made disclosure statement EX. PS that Devender Chopra and Abhishek Chopra had been killed and their bodies thrown in gutters in Sectors-39 and 46. Mobile of Devender Chopra was kept concealed in the house of the accused. Accused Manmohan made similar disclosure statement EX. PT and that he had kept concealed car of the deceased in his house at Palwal and a knife in his rented house at Sohna. Accused Suresh made similar disclosure statement EX. PJ and that he had concealed mobile of the deceased at the shop of his brother at Sohna. Accused Mahesh made similar disclosure statement EX. PV and that suitcase of the deceased was concealed in his old house. Accordingly, recoveries were effected. Post mortem of dead bodies was conducted and other steps for investigation were completed.
(3.)After investigation, the accused were sent up for trial. The prosecution examined Dr. B.K. Rajora (PW-1), complainant Raman Anand (PW- 2), Mrs. Vivek Bharti, Additional Chief Judicial Magistrate, Bhiwani (PW- 3), Head Constable Naresh Kumar (PW-6), Sub Inspector Balwan Singh (PW-7), Mahabir Singh (PW-8), Assistant Sub Inspector Budh Ram (PW-9), Surender Singh Rahman (PW-10), Head Constable Mohan Lal (PW-11), Pooja Chopra (PW- 12), Sub Inspector Sanjeev Kumar (PW-13), Sub Inspector Rajender Singh (PW- 14), Brij Bhushan Mehta (PW-15), Sub Inspector Shakuntla (PW-16) and Inspector Randhir Singh (PW-17) and produced documents and material exhibits. The accused denied the prosecution allegations.
(2.)Case of the prosecution is that on 18th December, 2000, the deceased Devender Chopra and his son deceased Abhishek Chopra had left their factory for their house in D.L.F., Gurgaon but did not reach their house. At about 9.41 P.M., PW-12 Pooja Chopra, daughter of Devender Chopra gave a call to her father to find out as to why he was late. She learnt that her father and brother had been kidnapped and ransom of rupees fifty lacs was demanded for their release. She contacted her father's business partner informing him that Devender Chopra and Abhishek Chopra were kidnapped and the kidnappers had demanded a ransom amount of rupees fifty lacs on telephone. The kidnappers also talked to the wife of the deceased Devender Chopra at 11 P.M. demanding ransom money. Raman Anand also talked to Devender Chopra. There were frequent calls from the kidnappers from the morning of 19th December, 2000 which were recorded on audio cassettes EX. P1 to P9. Since, the family could not fulfil the demand and offer to pay rupees ten lacs was not accepted by the kidnappers but negotiations continued. The police was not informed on account of the fear that the victims may be killed as was threatened. When the kidnappers did not release Devender Chopra and Abhishek Chopra, and finding no way out, the matter was reported to the police on 24th December, 2000 at 5 A.M. Statement of PW-2, Raman Anand EX. PC was recorded by Inspector Randhir Singh (PW-17) who deputed police officials at nearby STD booths. PW-14, SI Rajender Singh found the accused at STD booth Jawala Petrol Pump on Jaipur Highway at 8.15 A.M. He overheard accused Manmohan telling accused Suresh that ransom demand be not reduced below rupees twenty five lacs. He was in plain clothes and gave signal to PW-17 and the accused were apprehended. A slip EX. P-35 carrying residential phone number of Devender Chopra was recovered from Manmohan. Ashok accused made disclosure statement EX. PS that Devender Chopra and Abhishek Chopra had been killed and their bodies thrown in gutters in Sectors-39 and 46. Mobile of Devender Chopra was kept concealed in the house of the accused. Accused Manmohan made similar disclosure statement EX. PT and that he had kept concealed car of the deceased in his house at Palwal and a knife in his rented house at Sohna. Accused Suresh made similar disclosure statement EX. PJ and that he had concealed mobile of the deceased at the shop of his brother at Sohna. Accused Mahesh made similar disclosure statement EX. PV and that suitcase of the deceased was concealed in his old house. Accordingly, recoveries were effected. Post mortem of dead bodies was conducted and other steps for investigation were completed.
(3.)After investigation, the accused were sent up for trial. The prosecution examined Dr. B.K. Rajora (PW-1), complainant Raman Anand (PW- 2), Mrs. Vivek Bharti, Additional Chief Judicial Magistrate, Bhiwani (PW- 3), Head Constable Naresh Kumar (PW-6), Sub Inspector Balwan Singh (PW-7), Mahabir Singh (PW-8), Assistant Sub Inspector Budh Ram (PW-9), Surender Singh Rahman (PW-10), Head Constable Mohan Lal (PW-11), Pooja Chopra (PW- 12), Sub Inspector Sanjeev Kumar (PW-13), Sub Inspector Rajender Singh (PW- 14), Brij Bhushan Mehta (PW-15), Sub Inspector Shakuntla (PW-16) and Inspector Randhir Singh (PW-17) and produced documents and material exhibits. The accused denied the prosecution allegations.
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