NATTHU YADAV Vs. STATE OF UP

JUDGEMENT

(1.) APPELLANT Natthu Yadav, has been convicted for offence under Sections 364 A I.P.C., with implanted sentence of life imprisonment and a fine of Rs. 5,000/- by Special Judge (DAA)/Additional Sessions Judge, Court No. 3, Banda vide his impugned judgment and order dated 24.5.2006 passed in Special Trial No. 163A of 1994, State v. Natthu Yadav with further direction that in default of payment of fine he shall undergo one year further imprisonment, which conviction and sentence has been challenged in this appeal by the appellant.

(2.) IN an abridged form, prosecution allegations against the appellant, as are contained in the written report Ext. Ka-1 are that on 1.6.1994, the First INformant was returning back to his house from Kishanpur market, sailing his big boat accompanied with Kallu Kevat, Sukkha Kevat, Shiv Baran Kevat, Ram Sajeevan Vishvakarma, Parshadi Tiwari, Bacchu Lal Kevat, Bhanu Pratap Shukla, R/o Jagau Tola and others. As soon as his boat reached in the middle of Yamuna river in front of Amethi Ghat, four miscreants came rowing their Surra (small boat) near the boat of informant. Two miscreants amongst them climbed in his boat. All the miscreants were armed with their fire Arms. They took away the Boat of the informant to Amethi Ghat where they got down all the passengers from the boat one by one thereby asking their names. At that time 5-6 miscreants more had also come there. After asking the name of Bhanu Pratap Shukla, aged about 20 years, they apprehended him and took away him with them at about 8 O'clock in the night, stating that his family members on making his search may take him back on the cost of Rs. Two lacs within eight days. One of the miscreant was armed with Rifle, two were having DBBL Gun and others were having SBBL Gun. After the occurrence, informant and others went to Jagau Tola village and informed about the occurrence to Ram Lakhan Shukla, the father of Bhanu Pratap Shukla. Due to fear they could not go to Police Station at that time and next day in the morning, they went to Police Station after making the search for Bhanu Pratap Shukla and requested the police for his search stating the fact that they could not found him.

(3.) THE Magistrate concerned took cognizance of the offence and, after summoning the aforesaid four accused persons, committed their case to the Court of Sessions for trial, where it was registered as Special Trial No. 163 of 1994, State v. Natthu Yadav and others. Trial Judge after separating the case of accused appellant Natthu Yadav and one other co-accused Chander Bhawan registered the special trial at serial No. 163 A of 1994, framed the charge against them under Section 364-A I.P.C, which was denied by them claiming to be tried. Co-accused Chander Bhawan died during the course of trial and case against him stood abated.