ANEES Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) SINCE aforementioned criminal appeals have arisen out of the same incident and common judgment and order passed by the court below, therefore, they are being decided together for the sake of brevity and convenience.

(2.) PW 1 filed a criminal complaint (Ext. Ka -1) to S.H.O., police station, Jhabreda, District Haridwar, enumerating the facts contained therein, that on 16.10.2001, his son Jeevesh Kumar (victim) left his house for college at 10:00 A.M. Victim was studying in Jhabreda Inter College. When the victim did not return home till evening, PW1 enquired about him. PW4 Sewa Ram revealed to PW1 that he saw victim at Jhabreda bus stand at 11:00 A.M. alongwith Jogendra s/o Palla. PW1 suspected that his son was kidnapped by Jogendra alongwith his associates. On the basis of said complaint, a chik FIR (Ext. Ka -5) was registered as case crime no. 87 of 2001, on 16.10.2001, at 11:30 P.M. against Jogendra and others under Section 364 IPC. The distance between the place of incident and police station concerned was 10 Kms. and considering the background of the case, there appears to be no delay in lodging the FIR.

(3.) ON 17.10.2001, at 11:35 P.M., the victim was recovered from the possession of accused persons. Recovery memos of the same were prepared. Some miscreants were arrested while others succeeded in fleeing away. When the victim was recovered, second FIR (Ext. Ka -7) was lodged against accused Jogendra, Ajay @ Tinu, Aneesh, Shakeel and Nisar in respect of offences punishable under Sections 147, 148, 149, 307 IPC, which was registered as case crime no. 88 of 2001. Third FIR (Ext. Ka -16) was lodged against accused Anees in respect of offence punishable under Section 25 of Arms Act, which was registered as case crime no. 89 of 2001. After investigation of the case, separate chargesheets were submitted against these very accused persons for the offences punishable under Sections 364, 368, 216 IPC and under Sections 147, 148, 149, 307 IPC. Another chargesheet under Section 25 of Arms Act was submitted against accused Anees. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offences punishable under Sections 364, 368, 147, 148, 307 / 149 IPC was framed against the accused persons. Separate charge under Section 25 of Arms Act was framed against accused Anees. All the accused persons pleaded not guilty to the charges framed against them and claimed trial.