The court held that the appellant was guilty of the crimes charged based on the following evidence: (1) the appellant's fingerprints were found on the ransom note; (2) the appellant's car was seen near the scene of the crime; (3) the appellant's DNA was found on the victim's body; and (4) the appellant confessed to the crimes. The court also found that the appellant's actions were premeditated based on the following evidence: (1) the appellant had planned the kidnapping in advance; (2) the appellant had purchased a gun and ammunition before the kidnapping; and (3) the appellant had threatened to kill the victim if his ransom demands were not met. Finally, the court found that the appellant was a danger to society based on the following evidence: (1) the appellant had a history of violence; (2) the appellant had shown no remorse for his crimes; and (3) the appellant was likely to commit similar crimes in the future.

JUDGMENT

Mukta Gupta, J.

1. By way of this death reference, the learned Trial Court has submitted its order on sentence dated 6th October, 2020 for confirmation of death sentence awarded to Jeevak Nagpal, pursuant to its judgment dated 30th September, 2020 wherein Jeevak Nagpal was held guilty for offences punishable under Sections 364A/302/201/506 of the Indian Penal Code, 1860 ("IPC"). Parallelly, by way of Crl.A. No.166/2021, Jeevak Nagpal (hereinafter "appellant") has also challenged the said judgment and order on sentence of learned Trial Court whereby the appellant was directed to undergo rigorous imprisonment for 7 years along with fine of Rs.30,000/- in default whereof, simple imprisonment for 6 months for offence punishable under Section 506 of IPC; was further directed to undergo rigorous imprisonment for 7 years along with fine of Rs.30,000/- in default whereof, simple imprisonment for 6 months for offence punishable under Section 201 IPC; was further directed to undergo imprisonment for life for offence punishable under Section 364A IPC; and was further sentenced to death subject to confirmation by this Court for offence punishable under Section 302 IPC.

2. Brief facts of the prosecution case are that on 18th March, 2009, the deceased had gone to a nearby stationary shop and when he did not return, deceased's uncle (tauji) Brijesh Mahajan (PW-1/Complainant) informed the police about the same, and the information was recorded vide DD No.44 (Ex.PW-21/A). On this, SI Bal Kishan (PW-21) and Ct. Jalraj (PW-27) reached the spot. Enquiry was made from the father of the child/deceased Rajesh Mahajan (PW-36) over phone, who informed that that he had received a text message from one mobile No.9990401054 on his mobile No. 9811092230 regarding kidnapping of his son and demand of ransom. Statement of complainant was recorded (Ex.PW-1/A) and rukka was prepared (Ex.PW-42/A) on which FIR No.161/2009 dated 19th March, 2009 under Section 364A IPC was got registered at PS Prashant Vihar (Ex.PW- 8/A). IO/Insp. Pratap Singh (PW-42) made efforts to locate the deceased, but was unsuccessful. Insp. Amardeep Sehgal was instructed to put the abovementioned numbers on technical surveillance for monitoring the same. On 19th March, 2009 at about 11.30 AM, Insp. Amardeep Sehgal informed that the location of mobile No.9990401054 was at or near Sector-11, Rohini and accordingly, secret informers in plain clothes were deployed in the area and one secret informer gave information regarding one person in suspicious condition roaming around the house of the victim situated in Sector-11, Rohini. On pointing out of the secret informer, the said suspicious person was apprehended and during interrogation, he disclosed his identity as Jeevak Nagpal. The appellant was thereafter arrested vide memo Ex.PW-36/B. His disclosure statement (Ex.PW-36/E) was also got recorded. The appellant also produced two mobile phone handsets one of make TIA and other of make Nokia. The mobile handset of make TIA was found containing text messages pertaining to threats and ransom demands made to Rajesh Mahajan. The said mobile phone was found containing SIM of No.9990401054 while the mobile phone of Nokia was found containing SIM of No.9873883039. Thereafter the appellant led the police party to the scene of crime and to the place where he had disposed of dead body of the deceased i.e. dividing road between Sector-24, Rohini and Deep Vihar in a dry drain. The dead body was identified by Rajesh Mahajan and crime team was called at the spot. Various exhibits were seized from the spot and the dead body was sent to BJRM Hospital for getting the post-mortem done.

3. Dr. K. Goyal (PW-17) conducted the post-mortem examination on the dead body of the deceased on 19th March, 2009 and prepared his report (Ex.PW-17/A). He opined:

On external examination, following injuries were found on body:

1. Both lips extensively bruised orally as well as externally, more lower lip with bruising over