MEHTAB S.GILL,J - (1.) THIS is a Murder Reference sent by the Additional Sessions Judge, Sonepat under Sections 366/368 of the Cr.P.C. The learned Additional Sessions Judge, Sonepat vide its judgment/order dated 14.2.2006/15.2.2006 convicted appellant Surender @ Mithan son of Om Parkash under Sections 302/364A/201 IPC and sentenced him to the penalty of death under Section 364A IPC and under Section 302 IPC. Further he convicted the appellant under Section 201 IPC and sentenced him to undergo RI for seven years.
(2.) WE will be taking up Murder Reference No. 1 of 2006 and the appeal preferred by appellant Surender @ Mithan, i.e. Criminal Appeal No. 186-DB of 2006 together and will be passing a common judgment, as both arise out of the same judgment/order. The case of the prosecution is unfolded by the statement Ex.PO, of Dr. Dharmender Sharma, given to SI Yad Ram, SHO, Police Station Kharkhoda on 15.3.2004 at 3.00 A.M. at Sharma Nursing Home, Farmana. Dr. Dharmender Sharma stated that he is running a clinic under the name and style of Sharma Hospital near the bus stand. He has two children, elder is Dharuv aged 9 years and younger is Oju aged 3 years. On 14.3.2004 at about 8.00 P.M. he was sitting inside his hospital and his younger son was playing near the gate of the hospital. After some time, he found that his son Oju was missing. He searched for him, but could not find him. He suspected that Naresh son of Mohinder Singh, Jat, resident of Farmana and his accomplice Sunil son of Simmal, resident of Farmana have kidnapped his son Oju in order to get ransom and with intent to kill him. There is apprehension that some other person may also be involved with them. On the basis of this statement, FIR Ex. PG was recorded.
(3.) THE prosecution to prove its case, brought into the witness box Dr. Anju Sharma as PW1, Mukesh Pruthi as PW2, Inder Pal Draftsman as PW3, Anil Kumar Srivastva as PW4, ASI Ram Kumar as PW5, HC Ram Prem as PW6, Dr. S.K. Dhattarwal as PW7, Shiv Kumar as PW8, Madan Lal Malik as PW9, Ruder Dutt as PW10, Dr. Dharmender Sharma as PW11, SI Yad Ram as PW12, Inspector Ram Dutt as PW13, HC Raj Pal as PW14, Constable Naresh Kumar as PW15.;