STATE OF UTTAR PRADESH Vs. SHASHI SHEKHAR

JUDGEMENT

(1.) Five accused respondents, namely, Shashi Shekhar, Pradeep Aron, Deepak, Gulsher and Rahman were tried for the offence punishable under Section 361 -A IPC before the IV Additional Sessions Judge, Muzaffar Nagar in Sessions Trial No. 382 of 1996. As they were acquitted by order dated 10-7-1998, the State preferred the instant appeal.

(2.) As per the report of Chief Judicial Magistrate, Muzaffar Nagar dated 22-12-2003, the accused respondent No. 2 Pradeep Aron was killed in police encounter. The appeal abated so far as he was concerned as per our order dated 13-1-2004. The remaining four accused respondents have been lodged in Jail in compliance of our order dated 19-11-2003.

(3.) The facts necessary to be recorded for the decision of the appeal are these : One Dr. Ved Bhushan was a private medical practitioner at Muzaffarnagar and on 6-11-1995 he has left his residence at about 10 a.m. in his car-NE 118 bearing No. UP12A-4888. At about 11 a.m., he visited his patient Shiv Charan Maheshwari in Nai Mandi, Muzaffar Nagar and at about 11.30 a.m. one Gopal Bhartiya at his residence. Thereafter he neither returned his home nor reached his clinic. His son Manu Bhushan PW 1 lodged a report of his missing. Later on, the said car was spotted parked on a road between Barla and Purkaji. Thereafter the son of the victim lodged report of his kidnap ping on 7-11-1995 at 23.30 hours. A case was registered and investigated. The miss-ing Doctor came to be recovered in the morning of 16-11-1995 from a house situated in Deoband town of District Saharanpur which was raided by the police in between the night of 15/16-11-1995. Before his recovery, let-.ters Exts. Ka-8 to Ka-10 were received from the victim whereby Rs, 40 lacs were demanded as ransom for his release. These letters were addressed to one Mahendra Kumar PW 2 (friend of the victim).