K .S.GAREWAL,J - (1.) On February 3, 2002 a taxi-driver named Naresh Kumar disappeared from Gurgaon with his vehicle never to be seen again.
(2.) RAM Niwas, a government contractor of Patel Nagar, Gurgaon, filed a report at Police Station City, Gurgaon on February 11, 2002 regarding the disappearance of his brother Naresh Kumar. The complainant's brother was a taxi driver on the complainant's Tata Sumo HR 55-T 8983. According to the complainant, on February 3, 2002 his vehicle had been hired by someone for Bareli (Uttar Pradesh) on payment of Rs. 1200/- for the trip. When the complainant's brother did not turn up till February 5, the complainant lodged a missing person report with the Police Station. The complainant had searched for his brother at Delhi, Ghaziabad, Noida, Meerut, Bareli, Shahjahanpur and Badaun but found no clue about the whereabouts of his brother or the vehicle. The complainant suspected that someone had hired the vehicle with a view to kill his brother after inducing him with payment of hire charges. The complainant also suspected that his brother was either confined somewhere or killed. Lastly, the complainant stated that the man who had hired the vehicle was of stout built, medium height, fair colour and aged about 40-45 years. He had thick moustaches and reverse hair. He wore spectacles. He had been clearly seen by complainant's son Sanju. The police registered F.I.R. No. 122 on February 11, 2002 under Section 364 I.P.C. Naresh Kumar was never found, but on March 28, 2002 the vehicle was recovered by the police of Police Station Shoro, District Etah (Uttar Pradesh) in F.I.R. No. 96 registered under Section 41/102 Cr.P.C. and 411 I.P.C. This case had been registered by the police against Devinder Kumar Sharma son of Deviki Nandan Sharma, Pureni, District Aligarh (Uttar Pradesh) and three others namely Fateh Singh, Vedvir and Krishan Lal. The Investigator had stopped Fateh Singh driving a stolen Marshall Jeep UP 25P774, when an informer had conveyed to him that a gang of four car thieves consisting of the above four persons were coming towards Kasganj in a stolen Marshall Jeep and going to Badaun for selling it. The Jeep was carrying a fake registration number. The police party waited near the gate of the Polytechnic College. After sometime, the jeep was spotted coming from Kasganj. The Jeep was stopped and Fateh Singh was arrested. On interrogation Fateh Singh revealed that his three companions who had managed to escape, were Devinder Kumar Sharma, Vedvir and Krishan Lal. Fateh Singh was further interrogated and he disclosed that he also had two Tata Sumos lying parked behind a Block in Shoro and could get them also recovered. The Investigator was led to the place where the two vehicles were parked. One of them bore No. DL 4C-1107. The other had no number plate but its chassis No. was 418011 GYZ 907008 and engine No. DL-51- GYZ 7707490. This number matched with the Tata Sumo which Naresh Kumar was driving on February 3, 2002. Naresh Kumar had never been seen again. The above is the connection between the disappearance of Naresh Kumar from Gurgaon on February 3, 2002 and the recovery of his vehicle from Shoro (Etah) on March 28, 2002.
(3.) DEVINDER (Kumar) Sharma above mentioned was tried for Naresh Kumar's murder. He was found guilty and convicted by the learned Additional Sessions Judge under Section 302, 364, 201 and 120-B I.P.C. on May 14, 2008. The learned Trial Judge reviewed the law on death penalty and came to the conclusion that Devinder Kumar's was the rarest of rare cases and awarded death penalty, subject to the confirmation by the High Court under Section 366 of the Code of Criminal Procedure. Devinder Kumar was also awarded rigorous imprisonment for 10 years and to pay fine of Rs. 20,000/- under Section 364 I.P.C., in default of payment of fine to further undergo rigorous imprisonment for 2 = years. He was also awarded the death sentence for offence under Section 302 I.P.C. read with Section 120-B IPC. Lastly, he was awarded rigorous imprisonment for 4 years under Section 201 I.P.C. and to pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo rigorous imprisonment for 1 year. All sentences of imprisonment were directed to run concurrently. We have before us Murder Reference No. 04 of 2008 referred by learned Additional Sessions Judge, Gurgaon for confirmation of death sentence awarded vide his judgment dated May 14, 2008. Devinder Kumar has also filed Criminal Appeal No. 406 DB of 2008 to challenge his conviction and sentence.;