MOHIT AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri D.R. Chaudhary, Sri M.K. Niranjan, and Smt. Gyatri Rajpoot, learned counsel for the appellants, learned A.G.A. for the State of U.P. Sri Sushil Kumar Dubey, learned counsel for the complainant and perused the lower court record.

(2.) The appellant Mohit Agarwal has preferred criminal appeal No. 2607 of 2012 and the appellant Raju @ Anuj Patel has preferred criminal appeal no. 2679 of 2012 against the judgement and order dated 28.6.2012 passed by the learned Special Judge D.A.A. Jalaun at Orai in S.T. No. 178 of 2007 connected with S.T. No. 16 of 2008 whereby the appellants have been convicted for the offence punishable under sections 364,302 and 201 I.P.C. Both the appellants have moved their bail applications in their respective appeals, therefore, both bail application are being disposed of by a common order.

(3.) Having heard the learned counsel for the appellants, learned A.G.A. for the State of U.P., learned counsel for the complainant and perusing the lower court record, it reveals that the FIR of this case has been lodged by P.W. 1 Kamlesh Kumar on 12.10.2007 at 12.10 p.m. in respect of the incident allegedly occurred on 11.10.2007 at about 11.15 p.m. alleging therein that Amit Kumar, the younger brother of the first informant, came to his house on a motor cycle on 11.10.2007 at 11.15 p.m. immediately thereafter, he went away from his house by saying to his mother that he shall return within 15 minutes. Thereafter, he did not return to his house, in the morning at 5.26 a.m. by using the mobile phone of the victim Amit Kumar, somebody posing himself to be Anoop Gujar said that the brother of the first informant was with him and thereafter the phone was disconnected. The appellant Raju @ Anuj Patel was apprehended by the police on 14.10.2007 at about 4.30 p.m., he made a confessional statement before the police by confessing that he and four other associates, for realising the ransom kidnapped the deceased Amit Kumar in the night of 11.10.2007, thereafter, he was murdered. On that confessional statement, the first informant he was also called and a search of the appellant Raju @ Anuj Patel was made, in the search, from the pocket of his pant, one Nokia mobile phone having I.M.E.I. No. 35457401993820 and sim number 9935706580 was recovered. He disclosed the name of other co-accused persons including the name of the appellants Mohit Agarwal, the co-accused Praveen Soni and the co-accused Pankaj Upadhyay. He, in the company of the above mentioned accused persons who were residing in his neighbouring house and were his friends, and were fond of the girl also, hatched a conspiracy of his kidnapping and after realising the amount of Rs.10 lakhs, to commit his murder. In furtherance of that conspiracy on 11.10.2007 when Ram Lila programme was going on in Konch Town, dug a pit in a building surrounded by the walls, which was at a distance of 2 furlongs from Konch Tiraha, for committing his murder 14 kg salt and a rope was also purchased. He was having another Nokia phone number 9919987161, he used his both phones in hatching the conspiracy. In furtherance of the conspiracy hatched by them at about 11 p.m. the deceased was taken to the house of Ram Ji Sharan Niranjan on a motorcycle where he was caught hold by the accused persons, his limbs were tied, the cloths were inserted in his mouth and from his mobile phone a message was given to the first informant with regard of his kidnapping and thereafter the accused persons committed his murder by gandasa blow, his dead body was kept in that pit, which was covered by mud, before covering the dead body by mud, a golden colour writ watch and Rs. 400/- were also taken by the appellants from the possession of the deceased, his mobile phone was taken by the accused Ram Ji Sharan Niranjan, his ring was given to the accused Praveen Soni, the money recovered from his pocket was equally distributed amongst the appellants Raju @ Anuj Patel and Mohit Agarwal. The appellant Raju @ Anuj Patel, made the recovery of the dead body which was buried by him on which the salt was thrown. Thereafter the inquest report was prepared and the post mortem examination was done. According to the post mortem examination report the deceased had sustained four injuries in which injury nos. 1,3 and 4 were incised wounds and injury no. 2 was contusion. The cause of death was ante mortem injuries. On 30.10.2007 the accused Pankaj Upadhyaya and Praveen Soni were arrested by the police and from their possession a Sonata wrist watch, a gold ring of the deceased were recovered. The details of calls were also collected by the I.O. and after completing the investigation the charge sheet was submitted.