MULAYAM AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) PRESENT appeal has been preferred against the judgment and order dated 25.4.2009 rendered by Additional Sessions Judge court no 5 Hardoi in S.T No 458 of 2004 under section 364 IPC whereby he rendered verdict of conviction against the appellants sentencing them to undergo RI for eight years attended with fine of Rs 5000/ - each with default stipulation.

(2.) THE abridged version of prosecution case is that on 10.9.2003, appellants Mulayam and Hari Ram took away with them his son Santosh on the pretext that he was to appear in a case in Hardoi impressing upon him that they would stay during night at the house of his nephew and next day they would be back to the village. Next day when his son did not come back, the complainant enquired from the accused who, it is alleged, told him that his son had gone to Bombay alongwith one of his relation in search of a job and that he would be back to the village before Diwali. Initially, the complainant grew suspicious but on being repeatedly assured that his son had not gone alone but he was accompanied with one of his relation, the complainant believed the accused. It is further alleged that when his son did not turn up even on Diwali, he again contacted the accused who denied knowing the whereabouts of his son whereupon he gave written report at the police station. It is further alleged that when the police did not act upon his application, he preferred application under section 156 (3) Cr.P.C whereupon the court passed the orders for lodging of the report. It is also alleged that accused Mulayam had borrowed Rs 8000/ - from his son for purchasing motor cycle and when the borrowed amount was called back, they were reluctant and it was apprehended that wearied of repeated demands from his son, the accused may have murdered his son and his body was caused to disappear. After investigation, the police of P.S Bilgram submitted charge sheet in the court on 18.8.2004 under section 364, 504, 506 IPC.

(3.) THE prosecution in order to prop up its case, examined PW 1 Ganga Ram who is complainant, PW 2 Chote Lal who is a witness of fact, PW 3 Dullabh, PW 4 Surendra Nath, PW 5 SI K.N.Tiwari who initially investigated the case and PW 6 S.I. Jagdambika Prasad Pandey who was subsequently entrusted with investigation.