K.S.GAREWAL, J. - (1.) YOGINDER @ Parmod (36) of Ratanpur, Nawa Gaun, Police Station Nawa, Dehradun, Uttaranchal, was found guilty of murder of a young boy aged 4-1/2 for ransom and after trial by learned Sessions Judge, Yamunangar at Jagadhri, vide judgment dated August 17, 2005, death sentence was pronounced on August 24, 2005 on both the counts. Yoginder @ Parmod was also found guilty under Section 201 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay fine of Rs. 5,000/- in default of payment of fine to further undergo rigorous imprisonment for six months.
(2.) THE learned Sessions Judge has referred the case for confirmation of the death sentence. The reference is Murder Reference No. 8 of 2005. Yoginder @ Parmod has also filed an appeal, being Crl. Appeal No 661-DB of 2005, challenging his conviction and sentence. The murder reference and criminal appeal are being decided together. Kailash Mehta (PW8) of Ranjit Gali, Yamunangar had three children, namely, Urvashi (10), Hemant (4-1/2) and Dushyant (2). On March 7, 2002, Urvashi and Hemant were sent to their grand father Ram Lal (PW9) in Hari Nagar as they had school holidays. Yoginder @ Parmod, accused-appellant herein, used to live in a part of Ram Lal's house as a tenant. On March 8, 2002, at about 6.30/7 P.M., the appellant took Hemant with him and left a letter with Ram Lal (PW9) saying that one of his companions would come to pick up the letter. Ram Lal told the appellant to leave the letter on a table. When Hemant did not return to the house and Ram Lal found that both Hemant and the appellant were missing, he and his family started looking for them and they searched up to 8/8.30 P.M. but no one ever came to collect the letter. When Ram Lals younger son Yashpal (PW5) came to the house, he saw the letter lying on the table and on going through the contents of the letter, he discovered that the letter was a demand for ransom. It was stated in the letter that the boy would be released only if Rs. 2.50 lacs was paid as ransom money. Earlier to this. Yashpal had at 7.30 PM seen the appellant taking Hemant to buy a kite for him.
(3.) RAM Lal (PW9) called Hemant's father, Kailash Mehta (PW8) and began looking for Hemant, but when they failed to locate the boy, Kailash Mehta wrote out an application to the Station House Officer, Police Station City, Yamunanagar at 3 A.M. on March 9, 2002, disclosing the facts of the case, whereupon F.I.R. was registered at Police Station, City Yamunangar at 3.15 P.M.;