INDRA PAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Since these appeals have been preferred against the same judgment and relate to same Crime Number, they were heard together and are being decided by this common judgment.

(2.) The Special Judge (DAA) / Additional Sessions Judge, Court No.5, Etah by judgment and order dtd. 22/11/2008 passed in Special Sessions Trial No. 25 of 1998 (Crime No. 346 of 1997), P.S. Soron, District Etah convicted and sentenced the appellants under Sec. 364A I.P.C. to undergo life imprisonment with a fine of Rs.2,000.00 each and under Sec. 307 I.P.C. read with Sec. 149 I.P.C. to undergo seven years rigorous imprisonment with a fine of Rs.500.00 each and in default of payment of fine, to undergo three months additional rigorous imprisonment. All the sentences were directed to run concurrently. Aggrieved with the said judgment, present appeals have been preferred by the appellants.

(3.) Brief facts, as culled out from the record, are that a First Information Report was lodged by the informant, Chandra Pal son of Roopram, resident of Badanpur, Police Station Soron, District Etah, on 22/11/1997 at 2.45 p.m., with the averments that in the night of 21/22/11/1997, as usual, he was sleeping inside his shop and his wife Prema Devi was sleeping in the shed with the kids and nearby his children were also sleeping on different cots. At about 12.00 p.m. when the wife of the informant made noise that miscreants had come, he came out unlocking the shop. Six seven miscreants came and took his 11 years old son Rajesh. On raising alarm by the informant and his wife, his neighbors also came there. When everyone tried to rescue the boy from the miscreants, they fired with guns and went towards south with the boy. Jabar Singh son of Siya Ram Jatav received gunshot injury in the occurrence.