ADARSH SHUKLA Vs. STATE OF UTTARANACHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 373 of Code of Criminal Procedure, 1973 (for short, Cr.P.C.), is directed against the judgment and order dated 19.2.2005 passed by the Additional Sessions Judge/Fast Track Court, Kashipur, District Udham Singh Nagar, whereby the said court has convicted accused appellant Adarsh Shukla under Section 364A, 302 and 201 of Indian Penal Code, 1860 (for short, IPC). The convict (appellant) has been sentenced to imprisonment for life and directed to pay fine of 5,000/ - under Section 364 -A I.P.C, ' imprisonment for life and directed to pay fine of Rs. 5,000/ - under Section 302 IPC and rigorous imprisonment for a period of 7 years and directed to pay fine of Rs. 3,000/ - under section 201 IPC.

(2.) HEARD learned amicus curiae for the appellant, Additional Government Advocate for the State and learned counsel for the complainant, and perused the lower court record.

(3.) ADDITIONAL Chief Judicial Magistrate, Kashipur, on receipt of the charge sheet on 21.8.2003, after giving necessary copies to the accused, committed the case to the court of sessions for trial. On 4.11.2003, Sri Ravi Kumar Saxena, Advocate was appointed amicus curiae to assist the court on behalf of accused Adarsh Shukka @ Aditya @ Karam Chand during trial. After hearing, charge of offences punishable under Sections 364 -A, 302 and 201 IPC was framed against accused Adarsh Shukla @ Aditya @Aditi @ Karam Chand @ Omprakash, to which the accused pleaded not guilty and claimed to be tried. On this, prosecution got examined PW 1 Suresh Kumar (informant), PW 2 Anuj Agrawal (in whose presence the dead body of the child was recovered on pointing out of the accused), PW 3 Neeraj Jain (who had last seen the child going with the accused), PW 4 Rajesh (from whose PCO accused made calls for ransom), PW 5 Constable Clerk Gopal Sharma (who prepared the Check Report of First Information Report), PW 6 Dr. J.K. Goyal (who conducted postmortem examination on dead body of the child) and PW 7 Sr. Sub -Inspector Suresh Chandra Joshi (who investigated the crime). All the witnesses were cross -examined at length on behalf of the appellant.