POHPEE @ POHAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These five appeals are directed against the judgment and orders dtd. 26/2/2011, 28/2/2011 and 1/4/2011, passed by Additional Sessions Judge (Court No.6), Mathura in Sessions Trial No. 115 of 2007 (State Vs. Pooran Singh, Padam Singh and Rahees) and Sessions Trial No.286 of 2007 (State Vs. Ramesh @ Chhote and Pohpee). All the five accused have been held guilty of kidnapping for ransom under Sec. 364-A IPC and have been sentenced to life imprisonment alongwith fine of Rs.10,000.00 each, and to undergo further rigorous imprisonment of two years in the event of default of payment of fine.

(2.) Facts, as emerge from record of these connected appeals are that a written report was made by the first informant Mohar Singh (Ext. Ka-1) on 10/11/2016 stating that he is an original resident of Village Chaumuha, Police Station Vrindavan, District Mathura. The brother-in-law of his sister namely Pohpee, son of Mahaur Singh, wanted informant's land to be sold. Upon the informant's refusal to sell his land accused Pohpee threatened him that he would kidnap his son and murder him. On 21/10/2006 the informant's son Satish had gone to Chaumuha Bazar but did not return till late in the evening which made the informant suspicious. The informant (PW-1) made attempts to trace out his son. He is alleged to have been informed by Ashok Kumar (PW-3) that from the vicinity of tea shop of Govind, Pohpee alongwith another person took his son on motorcycle towards Chhata. On enquiry the informant came to know that Pohpee and Narayan Singh had taken his son to Naugaon, Police Station Chhata and have handed over his son to Rahees son of Yaseen, resident of Police Station Narsena, District Bulandshahar; Pooran Singh son of Karan Singh, resident of Garhi Parsoti, Police Station Surir, District Mathura and Padam son of Kunwar Pal, who may kill his son. The informant disclosed that he was trying to locate his son so far, and after coming to know of the true facts he has come to police station for lodging his report. Same be registered and legal action be taken in the matter.

(3.) On the basis of aforesaid written report Police Constable Peetam Singh (PW-4) entered the substance of written report in the general diary. He thereafter prepared the Check FIR, which was registered as Case Crime No.493 of 2006, under Sec. 364 IPC, at police outpost Jait, Police Station Vrindavan, District Mathura (Ext. Ka-2). Perusal of same will show that it was registered at 15.25 pm on 10/11/2006.