AMEER AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 374 (2) Cr.P.C. against the judgment and order dtd. 14/8/2006 passed by the learned Sessions Jude Udham Singh Nagar (Rudrapur) in Session Trial No.55A of 2001, State Vs. Ameer Ahmad, whereby the appellant was convicted under Sec. 364 IPC sentencing him to undergo rigorous imprisonment for the period of seven years.

(2.) Factual matrix of the case are that when the informant Vasant Kumar was going to drop his son Piyush Bansal, aged 12 years to St. Mary'sSchool on his motorcycle on 12/10/2000 at 07:30 a.m., an unnumbered Maruti van hit his motorcycle near sugar mill gate. Informant'smotorcycle lost balance and fell down. Blue coloured Maruti van was being driven by Suresh Kumar. Karam Singh, Chhota Musalman and Bijendra Jatav were sitting in the Maruti van. All of them caught informant'sson Piyush, threw his bag and dragged the victim inside the van and Maruti van speedily ran towards Nandpur-nar-ka-topa. In the meantime, Jai Bhagwan, Raje Kumar Gupta and Tilak Raj Sharma came and they tried to stop the van but to no avail. Chik FIR (Ex. Ka-13) was lodged on 12/10/2000 at 09:30 a.m. The same was registered as case crime no.777/2000 under Ss. 363 and 364 IPC.

(3.) After completion of the investigation a charge sheet under Sec. 364-A IPC was filed and charges were framed against the accused persons to which they pleaded not guilty and claimed trial.