LAV KUMAR @ KANHIYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The impugned judgment dtd. 26/10/2018 passed by the High Court of Judicature at Allahabad affirms the conviction of Lav Kumar @ Kanhiya in the chargesheets, arising out of First Information Report(For short, "FIR".) No. 540/2011 dtd. 5/7/2011 for the offences punishable under Ss. 364A, 302 and 201 of the Indian Penal Code, 1860(For short, "IPC"), and FIR No. 582/2011 dtd. 5/7/2011 for the offences punishable under Sec. 4/25 of the Arms Act, 1959(For short, "1959 Act"), both registered at Police Station - Sikandra, District - Agra, Uttar Pradesh. As the two FIRs arose from the same incident, the trial court consolidated and disposed of Session Trial Case Nos. 447/2011 and 448/2011 together.

(2.) The deceased, Vivek Goyal @ Vicky/Vikky went missing on 4/7/2011 and a report of kidnapping and ransom was filed, resulting in registration of FIR No. 540/2011 on 5/7/2011. The report refers to a telephonic call received by Ranjana Gupta, who has not been examined, on her mobile phone from a person who was using the SIM card of the deceased, Vivek Goyal @ Vicky/Vikky. He had demanded a ransom of Rs.50,00,000.00 (Rupees Fifty Lakh only).

(3.) One Monu Saxena was statedly arrested on 6/7/2011 at about 11.30 p.m. on the basis of Call Detail Records(For short, "CDRs") of the connected mobile phones kept under surveillance. However, he was found dead in police custody and lock-up on 7/7/2011 at about 7.45 a.m.