RAMESH KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BOTH these appellants were prosecuted under Sessions Trial No. 36/2004 in the Court of Additional Sessions Judge/1st F.T.C. Haridwar for offences punishable under Section 363 read with Section 34 I.P.C.; 302 read with Section 34 I.P.C. and Section 201 I.P.C. on the allegations that they kidnapped Km. Neha, aged about seven years, at 10.45 a.m. on 19 -3 -2003 from her school within the circle of P.S. Kankhal, District Haridwar and later on committed her murder near a sugarcane field at Bareilly -Pilibhit Road and threw her dead body there in the sugarcane field of one Amrish in order to screen themselves from legal punishment. Their trial resulted in their conviction for the said offences and appellant Ramesh was sentenced to death and to pay a fine of Rs. 2000/ - under Section 302 I.P.C. besides being sentenced to seven years R.l. and fine of Rs. 1000/ - each for offences under Section 363/34 and 201 I.P.C., and whereas Ms. Deepa Thakur was awarded lesser punishment of imprisonment for life and fine of Rs. 2000/ -under Section 302/34 I.P.C. and further sentenced to undergo seven years R.I. and fine of Rs. 1000/ - each for the other two offences under Sections 363/34 and 201 I.P.C. In default of payment of fine, they were also awarded further sentences per judgment and order dated 22 -6 -2004, passed by the trial Court.

(2.) CRIMINAL reference, in view of the death sentence, was submitted for confirmation under Section 366 of Code of Criminal Procedure (for short 'Code').

(3.) THE deceased Km. Neha was the daughter of P.W.l, Kishan Kumar resident of village Jagjitpur of P.S. Kankhal, District Haridwar. She was student of class -III in Shanti Children Academy, situate at a short distance from the house of the informant. On 19 -3 -2003 she as usual went to her school but failed to return to her house by the usual time of about 1.30 p.m. This caused worry for the informant, who went to the school to enquire about his daughter. He was told that Km. Neha had left the school at about 10:45 a.m. with her teacher Ms. Deepa Thakur. Till evening Neha failed to return and her search by the informant and others yielded no result. The informant therefore submitted a missing report, Ext.Ka.2, at P.S. Kankhal on 19 -3 -2003 and finally further written report, Ext. Ka.l on 20 -3 -2003 alleging that his daughter had in fact been kidnapped by her teacher Ms. Deepa Thakur. A case under Section 363 I.P.C. was thus registered against the said appellant on 20 -3 -2003 and investigation of the case was entrusted to S.I. Rajesh Kumar.