MOHD. YUNUS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) All these six appeals have arisen from a common judgment dtd. 7/9/2013/10/9/2013, passed by the learned District and Sessions Judge, Nainital in Sessions Trial No. 126 of 2007, 'State vs. Mohd. Yunus and 11 Others', whereby, the appellants have been convicted and sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000.00 each for the offence punishable under Sec. 364A of IPC, and, in default of payment of fine, they have been directed to undergo further imprisonment for a period of six months, and, they have been convicted and sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000.00 each for the offence punishable under Sec. 120B of IPC, and, in default of payment of fine, they have been further directed to undergo imprisonment for a period of six months. Both the sentences are directed to run concurrently.

(2.) These six Appeals are connected appeals, therefore, these appeals are being decided by this common judgment. File of Criminal Appeal No. 378 of 2013 will be leading file.

(3.) The prosecution case in brief is, that the informant Ram Saran Verma (PW 1) had lodged an FIR (Ext. Ka11) through his written information (Ext. Ka1) that on 11/12/2006 at 09:00 p.m., he received a phone call from his house that his son Rajiv Verma (PW 4) had gone to his plot from the house by his motorcycle number UA04B-4366. He (informant) went to his plot. He saw that the motorcycle of Rajiv Verma, but, Rajiv Verma was missing. On enquiry, he came to know that 3-4 persons had come there by black coloured car. He further stated in his written information that about two years back, he had purchased a land. A dispute arose with one Munna Negi alias Mohan Negi, Chandan Negi and Gopal Negi. Therefore, on suspicion, he stated that the said persons abducted his son.