Parveen led the police party to the place where he companycealed the golden ring of the deceased which was identified by PW1 and recovered through memo Exh.
He informed them that Ramesh Jain was in his custody and demanded a ransom of Rs.1 crore for his release.
The registration certificate of the motor cycle of deceased Ramesh Jain was recovered from a drawer of the table in the house situated at Begha Road, Ganaur which was occupied by Pawan A1 pursuant to a disclosure statement by him.
The High Court re appreciated the evidence and placed reliance on the disclosure statements, the companysequential recoveries and the CDRs of the mobile phones to companyfirm the findings of the Trial Court.
In his disclosure statement, Surender A2 further disclosed that Dr. Rampal administered injections to keep Ramesh Jain unconscious.
He suffered a disclosure statement on the basis of which a syringe which was used for giving injections to keep the deceased unconscious was seized from the roof of Baba Rude Nath temple, village Kheri Khusnam.
Pursuant to a disclosure statement, he also identified the place where the motor cycle of deceased was thrown after he was abducted.
They companylected the said articles from Bai crossing.
He further stated about the threatening letters received by him at his shop address.
DL 8 SY 4510.
All the companyvicted accused filed appeals before the High Court.
They handed over four threatening letters Exh.
Two mobile phones were seized from Sonu A5 .
The Investigating Officer was led by Parveen A4 , Dharmender A3 and Surender A2 to Baba Rude Nath temple in village Kheri Khusnam on 22.01.2006.
The arrest of A1 to A3 from Tibetan Market, Delhi at 1145 pm on 20.01.2006 led to several disclosure statements made by the accused pursuant to which relevant material was recovered.
He went to the rice mill and enquired about the whereabouts of his father from Radhey, the Chowkidar and was informed that his father left the rice mill at 930 pm on his motor cycle bearing Registration No.
On 09.01.2006, Dinesh Jain PW 1 and Ashok Jain PW 3 informed PW 31 that a call was received on the mobile phone of PW 1 from a person who identified himself as Bunty and who was speaking in Bihari dialect.
He deposed that the process of decomposition was in progress.
P 1 to P 4 , one key ring Exh.
He further disclosed that he companycealed another ring of Ramesh Jain at his house in village Ghasoli at a place which he can only identify.
Parveen A4 stated that Ramesh Jain was murdered and his dead body was buried at Baba Rude Nath temple in village Kheri Khusnam.
The police from Rohini Police Station, Delhi were also involved in the raid pursuant to which A1 was arrested.
PW 1 and PW 3 informed the Investigating Officer that Bunty called them and told them that they would find the key ring, silver ring, a piece of cloth and cuttings of newspaper near Bai crossing.
9896351091 belonging to deceased Ramesh Jain was recovered from a companycealed place.
The CDRs that were obtained from the Nodal officers of the telephone companypanies which were exhibited in the Court without objection clearly prove the companyplicity of all the accused.
As his father did number reach home even at 1000 pm, he called his fathers mobile number and found it to be switched off.
On 24.01.2006, a disclosure statement was made by Parveen A4 pursuant to which he identified the place where the key ring of the motor cycle, threatening letters and a ring of deceased Ramesh Jain were placed near a sign board at the crossing of village Bai.
Dinesh Jain PW 1 filed an appeal for enhancement of the sentence of the companyvicted appellants.
He also deposed that the process of decomposition would be slower during winter.
Ashok Jain PW3 who is the brother of deceased Ramesh Jain, companyroborated the evidence of PW1 regarding the demands that were made for payment of ransom for the release of Ramesh Jain.
A spade was also recovered from underneath a company in his house on the basis of his disclosure statement.
The dead body of Ramesh Jain was exhumed from the place identified by A2 and A4.
A1 refused to give his voice sample when the prosecution moved the Court.
The probable time of death, according to him, was 3/4 weeks prior to 23.01.2006.
The post mortem examination was companyducted by Dr. Pankaj Jain PW16 on 23.01.2006.
The details of recoveries made from each of the accused will be discussed later.
Their mobile phones and some cash were recovered from them.
His dead body was exhumed from the premises of the temple in village Kheri Khusnam on the intervening night of 22/23.01.2006.
The High Court dismissed all the appeals after a detailed re appreciation of the material on record.
The room in which Ramesh Jain was companyfined and murdered was pointed out by A2 to A4.
Pawan A1 , Surender A2 and Dharmender Bunty A3 were arrested at 1145 pm when they visited the Tibetan Market, Delhi in a Maruti car.
They were companyvicted and sentenced for life imprisonment.
He also challenged the acquittal of accused Manish A7 .
The dead body of the deceased Ramesh Jain was also recovered pursuant to a disclosure statement made by A2 to A4.
PW1, PW3, PW6 along with PW11 Jai Chand, SDM were present at the spot from where the dead body of Ramesh Jain was taken out from the pit.
The Trial Court relied on the testimonies of PW1 and PW3, the recoveries made pursuant to the disclosure statements of the accused and the CDRs of the mobile phones of the accused, the deceased and PW 1 to companyclude that the prosecution established that the accused are guilty beyond reasonable doubt.
He also deposed that he companylected a piece of shirt worn by his father on the day of his abduction along with one silver ring and a key ring of the motor cycle of his father at a place specified in a call received by him on 16.01.2006.
They were also asked to purchase another mobile phone having Delhi network to which future calls would be made.
1 crore was made from his family members for his release.
He also spoke of the calls that were made from the mobile phone bearing No.
As the number plate of the vehicle was blurred, PW31 verified the engine number, companypared it with the registration certificate to find that the seized motor cycle belonged to Ramesh Jain.
As per the FIR, Dinesh Jain left the rice mill at 700 pm on 25.12.2005 and went home while his father stayed back.
He was present when the dead body of his father was being taken out and he video graphed the exhumation.
The hyoid bone was found fractured.
On 30.01.2006, Sonu Amar suffered a disclosure statement to the effect that he had companycealed the wallet of Ramesh Jain and certain documents like PAN card, diary, three electricity bills, two water bills and his photographs underneath the seat of his shop which were exclusively in his knowledge.
The Investigating Officer PW31 visited the rice mill belonging to deceased Ramesh Jain on 17.01.2006 and met PW 1, PW3 and Dhir Singh PW 7 .
In the opinion of PW 16, Ramesh Jain died of asphyxia.
The interested testimonies of DW2 and DW5 do number merit acceptance, especially when the prosecution has proved the arrest and the subsequent recoveries made pursuant to the disclosure statement of A1.
On 22.01.2006, Amar Sonu A5 and Parveen A4 were arrested near the bus stand at Ganaur Chowk, GT Road, Ganaur.
P 10 and a piece of cloth of a shirt worn by the deceased on 25.12.2005 when he was kidnapped Exh.
Their companyviction and sentence was companyfirmed by the High Court.
A companyntry made pistol with two live cartridges were recovered from the same room situated at Begha Road on the basis of disclosure statement made by Surender A2 .
P 9 , one silver ring having a precious stone Exh.
Dinesh Jain PW1 deposed that there was a demand of ransom of Rs.1 crore for the release of his father which was made through a telephone call on 06.01.2006 from a person who identified himself as Bunty and who was speaking in Bihari dialect.
The said documents were seized by the Investigating Officer from the shop belonging to Sonu Amar A5 .
Dharmender Bunty A3 led the police party to a rented room situated at Shashtri Park, Delhi from where the SIM card of mobile No.
Ramesh Jain left his rice mill at 930 pm on 25.12.2005.
Parveen Titu A4 suffered a disclosure statement during the companyrse of investigation that Ramesh Jain was abducted and a demand of Rs.
Accused Dharmender Bunty did number file an appeal before this Court.
The Trial Court also discussed the companyplicity of each of the accused threadbare.
A detailed and thorough examination of the number of calls that were made between the accused during the period 25.12.2005 to 20.01.2006 was made by the Courts below to hold the accused guilty of companymitting the offences.
He apprehended that his father might have been kidnapped.
Both wrists and ankles were tied by a piece of cloth.
He along with his family members searched for his father but companyld number trace him.
The skin was peeled off at most places.
We have carefully examined the entire material on record and the judgments of the Trial Court and the High Court.
The Investigating Officer along with SHO Special Cell, Rohini, Delhi companystituted three raiding parties on 20.01.2006 on the basis of information that the accused would visit Tibetan Market.
9896351091 belonging to his father on 08.01.2006 and 09.01.2006 by which the ransom demands were repeated.
He further disclosed that Ramesh Jain was murdered on 29.12.2005 and his dead body was buried in a pit at Baba Rude Nath temple.
His companyviction was also Signature Not Verified Digitally signed by companyfirmed by the High Court which is number assailed before us.
On 28.12.2005 one motor cycle was recovered from a pit near Bai crossing.
Dharmender Bunty A3 and Surender A2 also suffered disclosure statements in which they stated that they can identify the place where Ramesh Jain was murdered and buried.
A muffler was present around the neck of the dead body.
NAGESWARA RAO, J. The Appellants in the above appeals along with Dharmender Bunty were found guilty of abduction and murder of Ramesh Jain.
