ARUN CHAND Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Ghanshyam Das, learned counsel for the appellant and Sri Vikas Goswami, learned A.G.A. for the State.

(2.) This criminal appeal has been filed against the judgment and order dtd. 15/5/2018 passed by Additional Sessions Judge, Khurja, District Bulandshahr, in Sessions Trial No. 440 of 2016 (State of U.P. Vs. Arun Chand), arising out of Case Crime No. 124 of 2016 under Ss. 302, 364A, 379, 411 and 201 I.P.C., Police Station Chhattari, District Bulandshahr, whereby the appellant has been convicted and sentenced under Sec. 302 I.P.C. with life imprisonment and fine of Rs.10,000.00 and in case of default in payment of fine, he has to undergo additional one year imprisonment; under Sec. 364A I.P.C. he has been convicted and sentenced with life imprisonment and fine of Rs.10,000.00 and in case of default in payment of fine, he has to undergo additional one year imprisonment; under Sec. 379 I.P.C. he has been convicted and sentenced for three years imprisonment; under Sec. 411 I.P.C. he has been convicted and sentenced for three years imprisonment and under Sec. 201 I.P.C. he has been convicted and sentenced with seven years imprisonment and fine of Rs.2,000.00 and in case of default in payment of fine, he has to undergo additional six months imprisonment.

(3.) As per prosecution case, informant, father of the infant victim, aged about four months, alleged that on 16/6/2016, he and his wife had gone to their agricultural field; at about 9:30 a.m., he received an information that appellant-accused who had come to his house on 15/6/2016 had taken the infant and his mobile phone bearing number 976...602 along with him. It was further alleged that his neighbours, Khempal Singh and Umesh Kumar had seen the appellant-accused taking the infant. It was further stated that at about 3:00 p.m., a resident of the village Girish Kumar received a call on his mobile number i.e. 976...332 from the mobile number of the informant i.e. 976..602 demanding 5 lakhs towards ransom in lieu of the life and safety of the infant. The First Information Report (FIR) came to be lodged at 5:00 p.m. The scribe of the F.I.R. is Shiv Kumar. After investigation, the accused came to be charged under Ss. 302, 364A, 379, 411 and 201 I.P.C.