- (1.) BY this common judgment, we intend to dispose of Criminal Appeals as Thakral Rajeev well as Criminal revision captioned above challenging the judgment and order of conviction dated February 18, 2009 passed by learned Sessions Judge, Panipat whereby the appellants Amrish @ Bobby, Mandip and Mahesh @ Shunty were convicted under Sections 302/201/34 IPC and sentenced as under: JUDGEMENT_440_LAWS(P&H)4_2014.html
(2.) BOTH the sentences were ordered to run concurrently.
(3.) HOWEVER , they were acquitted of the charge under Section 364 of the Indian Penal Code which has been challenged by the complainant Kulwant Singh vide CRR No.1344 of 2009. Facts relevant for disposal of the appeals and revision are that on October 3, 2006, complainant -Kulwant Singh moved a complaint to ASI Umar Mohd. alleging therein that on October 2, 2006, Shunty son of Gulshan, Mandip son of Mukhtiar Singh and Bobby son of Ashok visited his house at about 5.00 p.m. and took his son Ravinder Singh @ Laddi with them. Thereafter, Manjeet Singh resident of Panipat came to him and disclosed that aforesaid persons were thrashing his son Ravinder @ Laddi near the liquor vend on Assandh Road. He accompanied by Manjeet Singh went to the said place but none was found there. He also searched for the whereabouts of his son at some places of their relatives. On the next day, at about 4 a.m., when they reached near water -course on Assandh Road while searching for Ravinder @ Laddi, they spotted the motorcycle and a torn vest belonging to Ravinder @ Laddi. He suspected that aforesaid persons have kidnapped his son and have committed his murder. On the basis of allegations made in the aforesaid application Ex.P -1, formal FIR Ex.P1/B was put into black and white U/s 364/34 IPC and investigation was put into motion.;