SHESHBIR ALIAS AJAY Vs. STATE

JUDGEMENT

(1.) Sheshbir @ Ajay has been convicted for the conspiracy to commitC kidnapping and murder of Satish and destruction of evidence vide the impugned judgment dated July 16, 2011 and directed to undergo imprisonment for life and fine of Rs. 5,000/- for offence punishable under Section 302/120B IPC, Rigorous Imprisonment for a period of seven years and a fine of Rs. 3,000/- for offence punishable under Sections 364/120B IPC and Rigorous Imprisonment for a period of three years and a fine of Rs. 2,000/- for offence punishable under Sections 201/120B IPC. Charge sheet was filed against Sheshbir @ Ajay and Vinod Kumar wherein Vinod Kumar was acquitted by the learned Trial Court and one 'B' juvenile was also proceeded against before the Juvenile Justice Board.

(2.) Learned counsel for Sheshbir @ Ajay assailing the impugned judgment contends that Manoj Kumar PW-6 is not a reliable witness and initially the complainant suspected Manoj. The version of Manoj Kumar PW-6 is contradicted by Akbar Khan PW-4 and Mst.Nusrat Jahan PW-9. Kishore Kumar PW-21 who allegedly purchased the stolen vehicle does not support the case of the prosecution and does not identify the appellant. The learned Trial Court has held that the prosecution has failed to prove that the mobile No.9250800582 belongs to Sheshbir @ Ajay and thus the entire evidence with regard to the phones and call details is required to be rejected. The gap of time between the last seen and the dead body being recovered being long, thus the appellant cannot be said to have been last seen with the deceased. No recovery of the dead body took place at the instance of the appellant. Hence the appellant be acquitted of the charges.

(3.) The defence of Ajay is of false implication and that he was picked up from his Village Barhat, PS Sadiapur, District Ghazipur and falsely implicated in this case. He examined Smt.Seema DW-2, his sister who deposed that she had never talked on the telephone with her brother in connection of this case and also denied that mobile No.9760456944 belonged to her. Ct.Satender DW-3 and Ct.Anurag Yadav DW-4 exhibited the General Diary Nos.6 and 9 dated July 03, 2008 of PS Sadiapur, HC Vijay Kumar DW-5, exhibited the DD Nos.26 and 35 dated July 03, 2008 of PS Chirayakot vide Ex.DW-5/A and Ex.DW-5/B.