RAKESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is against the judgment and order dtd. 19/11/2008 passed by the Special Judge (Dacoity Affected Area), Hamirpur in Special Sessions Trial No. 70 of 1997 connected with Special Sessions Trial No. 29 of 1998, arising out case crime no.64 of 1997, P.S. Kurara, district Hamirpur, convicting and sentencing the appellant-Rakesh under Sec. 364-A IPC to imprisonment for life coupled with fine of Rs.5,000.00 and a default sentence of three months additional R.I. It be noted that the appellant was also tried for offence punishable under Sec. 326 I.P.C. but he was acquitted thereunder.

(2.) Dev Singh (PW-1) submitted a written report (Exb. Ka-1), dtd. 27/3/1997, scribed by Rihal Singh (not examined), at PS Kurara, district Hamirpur, on 27/3/1997, at 11 am, against unknown persons, giving rise to case crime No. 64 of 1997, under Sec. 364-A I.P.C. The GD entry of that report was made vide report no. 16 (Exb. Ka-4) and a Chik FIR (Exb. Ka-3) was also prepared. According to the FIR, in the evening of 26/3/1997 while informant's son Virendra Singh (PW-3) and informant's younger brother Guman Singh (PW-2) were returning from their field on their tractor, near Jalla canal culvert, the tractor developed a snag, as a result, PW-3, left PW-2 near the tractor, came to his house for help; thereafter, PW-3 and his uncle (Tau-Man Singh) (not examined) took another tractor, at about 10 pm, to tow-chain the other tractor. It is alleged that when they did not return, the informant went to look for them in the morning. At about 7 am, on 27/3/1997, informant found the two tractors parked near the culvert. He also noticed that there was no tow-chain lock put on the tractor that had developed a snag whereas the other tractor was standing with tow-chain on it. By narrating the above story and by alleging that despite hectic search the three persons could not be found, the FIR was lodged suspecting that informant's two brothers and his son have been abducted by unknown criminals for ransom.

(3.) After the FIR was lodged combing operation was conducted by the police but none could be found. On 29/3/1997, at Kasba Kurara in the Clinic of doctor Prajapati (not examined), two of the abductees, namely, Man Singh (not examined) and Guman Singh (PW-2) were noticed by the first investigating officer (I.O. - Sri Vijay Varma-PW-8). According to the first I.O. (PW-8), from the statement of Man Singh and Guman Singh, he could gather that Man Singh was released by the abductors in the night of 27/3/1997 to fetch Rs.1.5 lacs for release of the other two abductees. Man Singh informed the first I.O. that Balram Khangar, who was known to him from before, with a rifle; a short-statured person, with rudimentary moustache, having a country made pistol, called once by Balram Khangar as Rakesh; and one dark complexion person with good height, having a country made rifle, called by the name Saka, were responsible for his abduction. Man Singh also informed the first I.O. that Balram Khangar, addressed the other two persons by the name of Raka and Saka; and that as the money could not be paid, Guman Singh's (PW-2's) left hand fingers, except thumb, were chopped off and he was released in the evening of 28/3/1997 on a condition that he would get Rs.1.5 lacs or else his nephew (Virendra Singh - PW-3) would be cut into pieces. PW-8 disclosed that all the above facts were confirmed by Guman Singh (PW-2) whose statement he recorded. PW-8 also disclosed that Guman Singh had informed him that the ransom money had to be paid on 29/3/1997 between 9 and 11. On 29/3/1997, the first I.O. inspected the spot from where the abductees were abducted and prepared a site plan (Exb. Ka-8). On 30/3/1997 Virendra Singh (PW-3) earned his freedom. According to the first I.O., on 1/4/1997 the statement of the third abductee, namely, Virendra Singh was recorded.