STATE OF UTTARAKHAND Vs. RAVI KANT KIRYANA

JUDGEMENT

(1.) This appeal is preferred by the State challenging the judgment dated 18.11.2010 passed by learned Additional Sessions Judge/Second FTC, Dehradun in S.T. No.56 of 2009 (State v. Ravi Kant) whereby, the said Court has acquitted the respondent for the offence of Section 364 IPC.

(2.) The prosecution story unfolds that on 15.09.2008, PW1 Smt. Rizwana gave a written report at P.S. Patel Nagar, Dehradun to the effect that on 24.06.2007, his brother Sikandar @ Babbloo was taken away by the accused Ravi Kant Kiryana. The respondent kept on making phone calls assuring that Sikander was with him and there was no need to worry. When the informant wanted to have a talk with her brother, Ravi Kant informed her that near about 25.7.2007, her brother Sikander has been sent to the jail at Nepal due to some quarrel and he would soon get him released back. The informant's relatives searched for her brother in all the jails at Nepal but he was not found. It is stated in the report that the respondent has abducted informant's brother and got him murdered. With these averments, the FIR (Ex.Ka-1) was lodged. The case was investigated after culmination of which, a charge-sheet (Ex.Ka-5) was filed against the respondent- accused u/s 364 IPC. The case was, accordingly, committed to the Court of Sessions. Thereafter, a charge under Section 364 IPC was levelled against the accused to which he pleaded not guilty and claimed to be tried.

(3.) The prosecution, in support of its case, examined as many as seven witnesses, namely, PW1 Smt. Rizwana, PW2 Smt. Faimina Begum, PW3 Sher Mohammed, PW4 Omendra Singh Bhati, PW5 Asif Chaudhary, PW6 Constable Ashok Kumar and PW7 S.I. Yogesh Chandra Upadhayaya.