SUBHASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Both the aforementioned criminal appeals are directed against the judgement and order dated 9.8.2011 passed by Special Judge, SC/ST Act, Unnao, whereby appellants have been convicted under Section 364-A IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs. 10,000/- and in default of payment of fine, further imprisonment for two years. The appellants have further been convicted under Section 302/34 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs. 10,000/- and in default of payment of fine, to undergo further imprisonment for one year. They have also been convicted under Section 201 IPC and sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 2000/- and in default of payment of fine, further imprisonment for four months. Besides, under Section 3(2)(5) SC/ST Act, the appellants have been sentenced to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- and in default of payment of fine, further imprisonment for one year. All the sentences were directed to run concurrently.

(2.) Brushing aside unnecessary details, the facts of the case, as per the prosecution, are that the report of the incident was lodged on 20.8.07 by Baleshwari wife of Ram Prasad resident of village Aseharu P.S. Purwa, District Unnao alleging that her grandson Ritesh Kumar aged about 12 years was studying in class 4 in Ana Public School, Mirri Chauraha, Purwa. On 20.8.07 i.e. the same day, he had gone to attend the school and he did not return after the school was over. In the evening at about 5 p.m. Deepu son of Ram Vishnu who is her neighbour received a call on his phone no. 05152828974 that son of his neighbour Ashok, namely, Ritesh is with the caller and required that money be sent to him for getting the boy back. When the caller was asked about the amount which he wanted, no reply was given. After half an hour, another call was made on telephone of Deepu from mobile number 9956622290, expressing desire to talk with mother of Ritesh but Deepu had given the phone to Pradhan to whom the caller asked to give the phone to grandmother of the child. Pradhan told the caller that he is one from her family but the caller did not respond and disconnected the call. On the basis of such a call, the report was lodged that the grandson of the informant was abducted.

(3.) Based on the said information, FIR was registered at case crime no. 891 of 2007 under Section 364A IPC. After registration of the case, PW-9 Ram Avtar Incharge Inspector, P.S. Purwa commenced investigation. He prepared site plan which is Ex. Ka-12. He recorded statement of the witnesses. He arrested the accused Subhash Khatik on the next day i.e. 21.8.07. Thereafter on the pointing out of the accused, dead body of Ritesh was recovered from the forest of babool. The dead body was in naked condition and his neck was cut. Since the place of recovery of dead body was within the jurisdiction of police station Asoha, the investigating officer informed Ashoha police station for preparing the inquest report. The inquest was prepared by S.I. Chhote Lal Sankhwar in his presence. The inquest memo is Ex. Ka-3. The dead body was thereafter sent for autopsy. Since the deceased belonged to a scheduled caste, the accused was also charged under Section 3(2)(5). The police had also arrested the appellant Mohan Lodh and from his possession a knife was recovered.