Crl.A.166/2021 and Death Ref.1/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 23^rd May, 2023

Decided on: 26^th June, 2023

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CRL.A. 166/2021

JEEVAK NAGPAL @ VEEVEK NAGPAL @

SHANKY

.....Appellant

Represented by:

Mr. Bharat Dubey, Ms.Shubhlaxmi

Dubey, Dr.Sonia Dubey and

Ms.Tanya Kapoor, Advocates.

versus

THE STATE

.... Respondent

Represented by:

Mr. Prithu Garg, APP for State with

Insp. Ravinder Singh, PS Prashant

Vihar.

Mr.Prashant Diwan, Ms. Kushika

Chachhra and Mr. Mayank Verma,

Advocates for complainant.

Mr. Tushar Sannu, Standing Counsel

IHBAS with Dr.Om Prakash,

Dr.Pratibha, Dr.Shehzadi Malhotra,

IHBAS.

Mr.Devender Kumar Upadhaya,

Superintendent, Tihar Jail No.8/9.

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DEATH SENTENCE REF. 1/2020

STATE

..... Petitioner

Represented by:

Mr.Prithu Garg, APP for State with

Insp. Ravinder Singh, PS Prashant

Vihar.

Mr. Prashant Diwan, Ms. Kushika

Chachhra and Mr. Mayank Verma,

Advocates for complainant.

versus

Digitally Signed By:ATISH

GOEL

Signature Not Verified

Crl.A.166/2021 and Death Ref.1/2020

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JEEVAK NAGPAL ALIAS VEEVEK NAGPAL ALIAS

SHANKY

..... Respondent

Represented by:

Mr. Bharat Dubey, Ms.Shubhlaxmi

Dubey, Dr.Sonia Dubey and Ms.

Tanya Kapoor, Advocates.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MR. JUSTICE ANISH DAYAL

MUKTA GUPTA, J.

1.

By way of this death reference, the learned Trial Court has submitted

its order on sentence dated 6^th October, 2020 for confirmation of death

sentence awarded to Jeevak Nagpal, pursuant to its judgment dated 30^th

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 ₹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 ₹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.

Digitally Signed By:ATISH

GOEL

Signature Not Verified

Crl.A.166/2021 and Death Ref.1/2020

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2.

Brief facts of the prosecution case are that on 18^th 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 19^th 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 19^th 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