VED PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) THE sole appellant Ved Prakash has challenged his conviction under section 364 I.P.C. with implanted sentence of four years R.I. recorded by Second Additional Session's Judge, Agra by impugned judgement and order dated 19.1.1979 passed in S.T. No.191 of 1978, State Vs. Ved Prakash, under sections 364, 302 I.P.C., P.S. Firozabad North, District Agra. By the impugned judgement trial judge had disbelieved prosecution allegation of murder under section 302 I.P.C. and has acquitted the appellant for the said charge but it had concluded that the prosecution had established appellant's guilt under section 364 I.P.C. beyond all reasonable doubt and, therefore, has convicted and sentenced him as above.

(2.) CHARGE against the appellant, in nutshell, were that he being a resident of the same locality and having his house a cross the road had abducted Raju alias Vimal, a young boy aged about five and half years son of informant Om Prakash, on the pretext of showing him pigeons. According to the disclosure made by Smt. Shailendri wife of Om Prakash P.W.1, Raju alias Vimal was taken away by the appellant at 2.45 or 3.00 P.M. Sushil P.W.9 and Rajendra P.W.10 had witnessed the missing child in the accompany of the appellant. Informant first traced out the child by all possible means including seeking information on loudspeaker but the child remained untraceable. At about 9.00 A.M on 23.2.1976, Om Prakash P.W.1 lodged F.I.R. regarding missing of his son at police station Firozabad North as Ext. Ka. 1. On the next day at about 8.00 or 8.30 P.M., S.I. Roshan Singh P.W.11 informed the informant Om Prkash that the corpse of his son has been recovered from the house of one Saleem son of Naim near a mosque in Mohalla Hajipura. From the clothes, material Exts. 1 and 2, found on the body that P.W.1 identified it that it was of his son. S.I. Anang Pal Singh P.W.4 had performed inquest on the dead body of the young boy which was discovered lying in a corner of the room. The seizure memo about cloths of the deceased is Ext. Ka.2 and the inquest memo is Ext. Ka.3. Other relevant papers prepared simultaneously along with inquest report were proved as Exts. Ka.4 to 6.

(3.) IN his statement under section 313 Cr.P.C. appellant denied all the prosecution evidences and pleaded his false implication because of verbal altercation with P.W.2 Smt. Shailendri. He had pleaded that he had gone to give food to his father and since noon there were rumours that the deceased had ran away with a utensil (bowl)and was not traceable and he has been falsely implicated.