Dharam Vir vs State on 2 June, 2016

2. During the pendency of appeals, appellant No.1 and appellant No.3 in
CRL.A.976/2001 i.e. Shyam Kumar and his son Manoj Kumar passed away
and thus appeal qua the appellant Nos.1 and 3 stood abated. Thus, in the
present appeals we are concerned with the conviction and order on sentence
regarding Dharam Vir, Lokesh Kumar and Anita.
3. The prosecution case hinges on the testimony of Bir Kumar Jain @
Sonu PW-8 who claims to have been kidnapped for ransom and his
deposition in Court is as under:
“On 22nd February 1996 at about 12/1 PM I was sitting at the
shop of my uncle Mahavir Prasad Jain accused Lokesh, who is
present in the Court, whom I knew prior to the date of
occurrence came to me and asked me to accompany him to
Gurgaon as he had to bring sum of `2 lakhs from there. I had
then accompanied him and both of us entered Gurgaon in the
vehicle of the accused which was an Esteem. There we took the
car to a house in a colony, but I do not know the name of the
colony and I accompanied him inside the house. There in that
house accused Shyam, who is present in the Court (the witness
has correctly identified the accused) and one other person who
is not present in the Court today. There Lokesh slapped me and
then he put chloroform against my nose and accused Shyam
gave me an injection and thereafter I fell unconscious. When I
regained consciousness I found myself in a house at Jaipur.
There also accused Lokesh, Shyam Kumar and one another

Crl.A.Nos.875/2001 & 976/2001 Page 2 of 11
were present. They force me to write a letter to my uncle
Mahavir Prasad. Ex.PW-8/A is the same letter which was got
written by me by the accused persons namely Lokesh, Shyam
Kumar and one another person which is addressed to my uncle
(Tauji) which is in two sheets. I was also made to write letter
Ex.PW-8/B which is addressed to my mother. Both the letters
are in my hand and bears my signatures. A demand of ransom
was raised in both the letters by way of ransom for releasing
me. There at Jaipur I was kept by tieing in chains and the lock
used to be put on the chains tied with an iron rods of the
window. There used to be some lady in the house but I did not
see her. I was kept in Jaipur for a month and thereafter they
brought me back to Gurgaon. Even in Gurgaon I was kept in
the house where I had initially been taken and there also I was
kept confined in a room tied with a chain and there also they
forced me to write a letter to my uncle (Tauji) and my mother,
again said letters were not got written in Gurgaon, but I was
forced to demand money as a ransom money for my release and
that was taped in an audio cassette. After 2/4 days i.e. on
3.4.1996 Police reached there. Police brought me to Delhi
after untieing me from the chains.

Source: Indian Kanoon

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