TIKAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been filed by Tikam against his conviction under Section 368, I.P.C. and the sentence of 4 years' R.I. passed by the Vth Additional Sessions Judge, Agra, on 7-6-1979 in Sessions Trial No. 254 of 1973.

(2.) It appears that four accused were tried in the aforesaid trial, namely, Tikam appellant, Shyam Sunder, Jagdish and Smt. Bishun Kumari. It is alleged that Smt. Bishun Kumari is the own Bhabhi (elder brother's wife) of P. W. 1 Jagdish. Accused Shyam Sunder and accused Jagdish are own brothers of Smt. Bishun Kumari. Accused Appellant Tikam is a relative of the three other accused. It is further alleged that according to the will executed by the father of Jagdish Prasad, P.W. 1, some property went to Jagdish Prasad and his other two brothers whereas some property went exclusively to Jagdish Prasad's son Yogesh (written as Yogendra in the charge and the judgment). The case of the prosecution is that the said child Yogesh was kidnapped by the three other accused on 2-4-1973 sometime in the morning. After search the child could not be found. Consequently P. W. 1 Jagdish Prasad lodged a first information report on 2-4-1973 at 4-20 P. M. at Police Station Sadar Bazar. A case was duly registered at serial No. 35 of the General Diary and the matter was taken up for investigation. It is said that on 7-4-73 at about 2 P.M. the said child Yogesh was recovered from the custody of appellant Tikam near Chacha Hotel in the neighbourhood of the railway station Agra. Cantt and in front of the betel shop of one Mohan.

(3.) A recovery memo was prepared by the investigating Officer whereafter a case crime was registered under Section 365/368, I.P.C. against all the four accused mentioned above. It transpires that during investigation Jagdish Prasad, P.W. 1 had told about complicity of the other three persons in the alleged kidnapping of child.