SANJEEV Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 27.07.2011 rendered by learned Sessions Judge. U.S. Nagar in S.T. No. 75 of 2010, whereby the appellant/accused who was charged with and tried for the offences punishable under Sections 364A, 302 and 201 of I.P.C., was sentenced to undergo life imprisonment under Section 302 of I.P.C. with fine of Rs. 20,000/- and in default of payment of fine to undergo additional simple imprisonment for a period of two years. For the offence under Section 364A I.P.C. he was sentenced to undergo life imprisonment with fine of Rs. 20,000/- and in default of payment of fine to undergo additional simple imprisonment for a period of two years. For the offence under Section 201 I.P.C. the accused was sentenced to undergo two years' rigorous imprisonment with fine of Rs. 10,000/- and in default of payment of fine to undergo additional simple imprisonment for a period of six months. All the sentences, except the sentence in lieu of payment of fine, were directed to run concurrently.

(2.) Case of the prosecution in a nutshell is that the FIR was lodged on 22.12.2009 by PW 1 Rakesh Kumar. According to the contents of FIR, his son aged about 10 years was a student of Class III in Sant Kaur Memorial Public School. On 20.12.2009, his brother in law had come in his house. On 21.12.2009, his son was going to school. Accused told him that he would drop his son. His son and maternal uncle were seen by co-villagers and school children. His son neither went to the school nor did he come back in the evening. He along with his family members started searching for the boy. On 22.12.2009, his brother-in-law (accused) rang him up and told him that his son was with him and asked him to come at Gagan Bridge in Moradabad on Delhi road. Accused demanded a ransom of Rs. 1.00 lakh from PW 1 Rakesh Kumar. Accused also told him that in case the ransom was not paid, he would kill his son.

(3.) Dead body of child Prakash Kumar was recovered from the Well. Dead body was sent for the post-mortem examination. The matter was investigated and Challan was put up after completing all the codal formalities.