FIRASAT Vs. STATE OF U.P.

JUDGEMENT

(1.) After being convicted and sentenced in Special Sessions Trial No. 15 of 2002 arising out of case crime No. 236 of 2001, under Section 364-A IPC, police station Ganjdundwara, district Etah by the learned Special Judge (Dacoity Affected Areas) Etah vide judgement dated 26.10.2015 and order dated 02.11.2015 accused-appellants Firasat and Sushil Jatav alias Master preferred Criminal Appeal No. 5487 of 2015, whereas accused-appellant Hafeez preferred Criminal Appeal No. 5350 of 2015.

(2.) By the impugned judgement and order, the accused-appellants were convicted under Section 364-A IPC and sentenced to life imprisonment and a fine of Rs. 5,000/- (rupees five thousand) each and in case of default they were further directed to undergo imprisonment for one year's each. Since both the afore-captioned criminal appeals have been preferred against the judgement dated 26.10.2015 and order dated 02.11.2015 passed by the learned Special Judge (DAA) Etah in S.S.T. No. 15 of 2002, both the appeals have been heard analogously and are being disposed of by means of this common judgement.

(3.) In short compass, the facts giving rise to the present appeals are that a written report was handed over by the first informant PW-1, Sukhram, son of Neksu Lal, village Nagla Sisaiya at the police station Ganjdundwara, district Etah on 20.8.2001 scribed by Rajendra Singh, son of Bhagwant Singh, resident of the same village to the effect that on 11.8.2001 at about 12.00 in the night when his relatives and co-villagers namely Asha Ram, Data Ram, Anar Singh, Raj Pal, Mahadev and Charan Singh were coming back to the village Nagla Sisaiya Majra Ajijpur after seeing the Janmashtmi programme, near Budi Ganga, they were made captive by the six miscreants. The information in respect of their missing had already been given by Netrapal, the father of Anar Singh on 14.8.2001 at the police station Ganjdundwara. All the abductees returned back on 20.8.2001 on their own, who disclosed the names of the accused as Hari Prasad alias Daroga Shakya, Hafeez, Firasat, Murad and two unknown persons. It was further mentioned in the report that the accused abducted them for ransom of Rs. 6,00,000/-.