JITENDRA KUMAR CHAUDHARY Vs. STATE OF U.P

JUDGEMENT

(1.) BOTH these appeals emanate from common judgment passed by Additional Sessions Judge, Court No.5, Ghaziabad on 25.01.2007 in S.T. No. 71/2002, so they had been heard together and are being decided by this judgment.

(2.) THE appellants have been found guilty for the offences punishable under section 364-A, 302/34 I.P.C. and 201/34 and each had been sentenced to undergo imprisonment for life each under Section 302/34, 364-A I.P.C. respectively together with fine of Rs. 10,000.00 each and three years R.I. for the offence punishable under Section 201/34 I.P.C. In default of payment of fine the further imprisonment has also been awarded.

(3.) NEXT day i.e. on 25.10.2001 at about 2-2.30 p.m. the complainant received a call on his mobile from some unknown person who told him that his son is in their possession and they should arrange Rs.30.0 lacs for his release. The complainant informed the police about the aforesaid call. On the basis of this information case Crime No. 661/2002 under Section 364-A I.P.C. against unknown accused was registered at 4.25 p.m. on 25.10.2001 vide G.D. Report No. 32, investigation whereof was entrusted to SI Rohitash Kumar Sharma. During investigation, it was found that the ransom call was made from Mobile No. 9837137677 on complainant's Mobile No. 9810144082 and Land line No. 783396. The Investigating Officer recorded the statement of the complainant but thereafter the investigation was taken over by S.O. Anil Kumar Samaniya. He again interrogated the complainant. Under orders of the CO II, SI Satish Kumar was deputed to make enquiry about ransom calls and put the aforesaid mobile and telephone numbers on surveillance. After deliberations with the surveillance team the Investigating Officer on 28.10.2001 went to the office of the Escotel Company in Meerut to obtain call details of Mobile No. 9837137677 and the printouts were obtained, therefrom it was revealed that the ransom call was made from mobile having IMEI Number 350019320553551. It was further disclosed that in this mobile another Sim Card having connection No. 9837267073 was also being used. The call details further revealed that most of the calls were made on telephone situated in Modi Nagar and main telephone number was 45109. The Investigating Officer from the call details found that on complainant's mobile No. 9810144082 the accused persons made five calls on different times from mobile Number 9837137677, twice each on 26th and 27th Oct., 2001. On 29.10.2001 the Investigating Officer along with other police officials reached Telephone Exchange, Modinagar and came to know that telephone No. 45109 is installed at the residence of Sri S.P. Singh, Advocate, resident of Satyanagar Modinagar. Sri Singh informed Investigating Officer that Jitendra Singh son of Satyavir, resident of Kiratpur, District Bijnor resides in his house on rent and often his phones are received on his telephone number and Jitendra also used to make calls from this telephone. Sri Singh also told the Investigating Officer that a short while ago Jitendra along with his relative Neeraj had left for Ghaziabad in Tata Sumo (U.P. 14H-8790).