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2018 Supreme(Del) 3067

IN THE HIGH COURT OF DELHI AT NEW DELHI
S. MURALIDHAR, VINOD GOEL, JJ.
JOGINDER @ MINTU - Appellant
Versus
THE STATE GOVT OF NCT OF DELHI - Respondent
CRL.A. 218, 319, 360 of 2018 & CRL.M.(BAIL) 311 of 2018
CRL.M.(B) 446, 502, 1010 OF 2018, CRL.M.A. 9645 of 2018
Decided on : 31-10-2018

Advocate Appeared:
For the Appellant :Mr. Hans Raj Singh, Advocate
For the Respondent:Mr. Kewal Singh Ahuja, Bhagat Singh, Mr. Rajiv Mohan, Mr. Abhimanyu Kampani, Mr. Abhishek Shrivastava, Ms. Priyanka Singh, Mr. Ankur Rai, Mr. M.A. Karthik, Mr. Yuvraj Nain & Mr. Manish Phogat, Advocates

JUDGMENT :

S. Muralidhar, J.:

1. These three appeals are directed against the judgment dated 13th November 2017 passed by the learned Additional Sessions Judge (Central), Tis Hazari Courts, Delhi (‘trial Court’) in Sessions Case No.27963/2016 arising out of FIR No.34/2003 registered at PS Ashok Vihar convicting the Appellants, viz. Vikas Sidhu (Accused No.1: ‘A-1’ who has preferred Crl.A.360/2018), Vikas Chaudhary (‘A-2’ who has preferred Crl.A.319/2018), and Joginder @ Mintu (‘A-3’ who has preferred Crl.A.218/2018), for the offences under Sections 120B, 364A, 302, and 201 IPC. Additionally, A-1 and A-2 were held guilty of the offence punishable under Section 411 IPC. A-1 was also held guilty of the offences punishable under Sections 420, 468, and 471 IPC.

2. These appeals also seek to assail the order on sentence dated 23rd December 2017 whereby A-1 and A-2 were sentenced to undergo life imprisonment for the offences punishable under Sections 364A and 302/120B IPC “which means and implies, throughout their natural life”. The trial Court further directed that they would not be entitled for “any parole, remission or any furlough before 30 years of imprisonment” for the said offences. Each of them was sentenced to pay a fine of Rs. 2 lakhs and in default of payment, to undergo simple imprisonment (‘SI’) for one year. As far as A-3 was concerned, he was sentenced to undergo life imprisonment for the offences punishable under Sections 364A and 302/120B IPC “which means and implies, throughout his natural life”. He too was sentenced to pay a fine of Rs. 2 lakhs and in default of payment, to undergo SI for one year.

3. For the offence under Section 201 IPC, all three Appellants were sentenced to undergo rigorous imprisonment (‘RI’) for three years and payment of a fine of Rs.10,000/- and in default of payment, to undergo SI for six months. For the offence under Section 411 IPC, A-1 and A-2 were sentenced to undergo RI for two years and payment of a fine for Rs. 10,000/- and in default of payment, to undergo SI for six months.

4. For the offences punishable under Sections 420, 468 and 471 IPC, A-1 was sentenced to undergo RI for three years and payment of fine of Rs. 10,000/- and in default of payment, to undergo SI for six months. Each of the convicts i.e. A-1, A-2 and A-3 were directed to pay compensation of Rs. 4 lakhs to the family of the deceased.

The charges

5. The charges against the Appellants were initially framed on 4th April 2005 and were thereafter amended on 16th April 2009. The charges against the Appellants were that, first, on or before 18th January 2003, they entered into a conspiracy to kidnap Parakh Chadha (the deceased), aged about 20 years, son of Vimal Chadha (PW-3) for ransom; secondly, at around 7:30 pm on 18th January 2003, they kidnapped the deceased from near H.No.C-2/44, Ashok Vihar, Phase-II, Delhi so that he may be put to death so as to compel his parents to pay a ransom and to this end, they made ransom calls on various dates up to 11th March 2003; thirdly, in furtherance of the aforementioned conspiracy, the three Appellants committed the murder of the deceased on the night of 18th January 2003 by strangulating him; and fourthly, after committing the murder of the deceased, with an intention to screen themselves from prosecution, they burnt the dead body of the deceased with petrol and threw it in a ditch near the Hindon river near Ghaziabad.

6. A-2 was further charged with having been found in possession of one wrist watch belonging to the deceased that he is alleged to have received or retained despite having reason to believe the same to be stolen. A-1 was also charged with having forged a photocopy of his passport and making misrepresentations on a customer application form so as to dishonestly procure a SIM card from which to make ransom calls. He was also charged with having been found in possession of a gold chain belonging to the deceased that he is alleged to have received or retained despite having r































































































































































































































































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