KARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 24.09.1980 passed by learned III Additional Sessions Judge, Mathura in Session Trial Nos. 124, 125 and 126 of 1977 (State Vs. Karan Singh and others) under Sections 368 , 354 , 365 I.P.C. Police Station Kotwali Goverdhan, District Mathura, whereby accused-appellant Karan Singh has been convicted under Section 365 I.P.C. and sentenced to undergo rigorous imprisonment of five years.

(2.) Learned counsel for the appellant has not disputed the findings rendered by learned trial court regarding conviction of accused-appellant and confined his arguments only regarding sentence. However, I have gone through the entire evidence carefully.

(3.) Prosecution version is that about 5-6 days prior to the date of incident, one Attra brother of the accused Kunwar Singh, was arrested by the police and said Kunwar Singh was labouring under impression that P.W.4 Kashi Ram, resident of same village, was involved in arrest of his brother Attra. Due to this animosity on the night of 17/18.06.1976 at about 10:00 P.M., accused-appellant Karan Singh, along with his brother Kunwar Singh and their 4-5 other associates reached at the house of P.W.4 Kashi Ram and at the point of deadly weapons, they forcibly lifted P.W.5 Smt. Kalloo (wife of P.W.4 Kashi Ram) and P.W. 7 Pappu (son of P.W. 4 Kashi Ram) and took them away in a car. Both victims were taken to an underground room and they were kept in illegal confinement for several days. After some days, (P.W.5) Smt. Kalloo was taken by train to Koshi and there she was made to board a bus for Deeg (Bharatpur Rajasthan) by handing a letter to her, wherein demand of ransom of Rs. 15,000/- was made for release of her son P.W.7 Pappu. She was also threatened that if she disclosed anything regarding incident, her son would be killed. P.W. 5 Smt. Kalloo reached at house of her Nanand (husband's sister) in village Dudawal (Rajasthan), from where her husband Kashi Ram was informed. P.W.4 Kashi Ram brought her to Goverdhan and First Information Report Ex. Ka 1 was registered vide crime no. 86 of 1976 under Section 365 I.P.C. at Police Station Goverdhan, Mathura regarding the incident. Kashi Ram received three letters Ex. Ka 4 to Ex. Ka 6 wherein demand of ransom was made for release of his son. Perusal of the record further shows that on 26.06.1976 police conducted a raid at the house of one Sumit Chand at Mathura and accused-appellant Karan Singh and co-accused Ram Prakash and Sumit Chand were apprehended and some illicit weapons were recovered from them whereas their four associates ran away. In underground room of said house, P.W.7 Pappu, aged about 6-7 years was recovered from the custody of accused Shyamwati. Regarding this incident a separate case was registered on 26.06.1976 at about 11:10 P.M. at Police Station Kotwali Goverdhan, District Mathura under Section 368 I.P.C. as well as under Sections 399 / 402 I.P.C. and 25 Arms Act against accused-appellant Karan Singh, Ram Prakash, Sumit Chand, Shyamwati, Mauji Gadriya, Mormal Mew, Kumar Sen and Hori Thakur.