HARJINDRA SINGH ETC. Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeals are being preferred before this Hon'ble Court against the judgment and order dtd. 5/8/2022 passed by the Hon'ble High Court of Judicature at Allahabad in Criminal Appeal No. 5483 of 2006 (Harjindra Singh v. State of U.P.) and in Criminal Appeal No. 5035 of 2006 (Dilbag Singh @ Mitthu v. State of U.P.), whereby the High Court was pleased to dismiss the Criminal Appeals filed by the appellants by upholding the judgment & order of conviction passed by Ld. Trial Court. The appellants are undergoing sentence of life imprisonment awarded by Ld. Additional Session Judge, Court No. 1 District Pilibhit in Sessions Trial No. 790 of 2003 under Ss. 364A/368 of IPC.

(2.) A first information report was lodged by Kuldeep Singh at police station Puranpur, District Pilibhit on 5/8/2003 at 12.30 p.m. regarding an occurrence alleged to have taken place at 6:30 a.m. that day. According to the report, the first informant's son was going to school along with his sisters on bicycles. Two unknown persons came on a Rajdoot motorcycle and stopped the children at pistol point. They forcibly lifted the first informant's 8 years' old son, Satnam Singh and drove away. On the cries of the sisters, Dr Majid Ali, Arshad Ali and a neighbour Manjit Singh came on the spot and chased the accused on motorbikes, who managed to escape into the jungle via village Lah Muzzafarpur and Bhaipur.

(3.) During investigation, on 8/8/2003, the police, on the pointing out of accused Dilbag Singh @ Mitthu, recovered the abductee from village Nadia Pouriya (Bhopatpur), Police station Kutar, District Shahjahanpur from a hut like house. The abductee was found in the western room of this house sitting with a woman on a cot. The child, on being questioned stated that he is Satnam Singh. He also stated that the criminals had detained him in this room and the woman and another man whom the woman referred to as Pappu used to guard him. They had taken off his clothes and had hidden them. The woman disclosed her name as Dalveer Kaur and the name of her associate as Avtar Singh alias Pappu.