LALIT KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) These three appeals are arising out of the common judgement and orders dtd. 5/5/2015 and 7/5/2015, passed by the Additional Sessions Judge, Court No.7, Ghaziabad, in Sessions Trial No. 268 of 2012 (State of U.P. vs. Lalit Kumar and others), arising out of Case Crime No. 820 of 2011 under Sec. 364A I.P.C. and Sessions Trial No. 363 of 2014, arising out of Case Crime No. 820 of 2011 under Sec. 364A (State vs. Qayyum) and Sessions Trial No. 291 of 2012 (State vs. Lalit Kumar and Ors.) arising out of Case Crime No. 1190 of 2011 under Ss. 147, 148, 307/149 I.P.C. and Sessions Trial No. 292 of 2012 (State vs. Lalit Kumar) arising out of Case Crime No. 1191 of 2011 and under Sec. 25 of the Arms Act, Sessions Trial No. 293 of 2012 (State of U.P. vs. Pappu) arising out of Case Crime No. 1192 of 2011 under Sec. 25 of Arms Act, Sessions Trial No. 292 of 2017 (State of U.P. vs. Raj Kumar) arising out of Case Crime No. 1193 of 2011 under Sec. 25 of the Arms Act, Sessions Trial No. 295 of 2012 (State of U.P. vs. Kanhaiya) arising out of Case Crime No. 1194 of 2011 under Sec. 25 of the Arms Act, Sessions Trial 296 of 2012 (State of U.P. vs. Iqbal) arising out of Case Crime No. 1195 of 2012 under Sec. 25 of the Arms Act and Sessions Trial No. 297 of 2012 (State vs. Shivram @ vijju) arising out of Case Crime No. 1196 of 2011 under Sec. 25 of the Arms Act, whereby all the appellants were convicted for the offences under Ss. 364A, 147, 148, 307 I.P.C. and Sec. 25 of the Arms Act, and sentenced under Sec. 364A IPC for life imprisonment with fine of Rs.1,00,000.00, under Sec. 147 I.P.C., imprisonment for two years, under Sec. 148 imprisonment for three years, under Sec. 307/149 imprisonment for ten years with fine of Rs.20,000.00 and under Sec. 25 of the Arms Act, imprisonment for of three years with fine of Rs.10,000.00 and in default of payment of fine further imprisonment for three years as provided.

(2.) The brief facts of the leading case in Sessions Trial No. 268 of 2012 are that PW-1, Amit Jain, had lodged a first information report on 18/10/2011 at 8:05 A.M., stating that his son, Parshva Jain, who was studying in Class II, in Diwan Public School had been abducted. He had stated that as usual on 18/10/2011, in the morning at 7:30 A.M, the guard of the informant, namely Anand, had started from the informant's house to drop Parshva Jain, son of the informant, to the school. While the guard and his son were on their way to the school, from one Scorpio car, of white and gray colour, which was parked nearby, three persons came out while the driver was still occupying the driving seat, keeping the vehicle's engine on of the three persons one person caught hold of Anand from behind and two persons snatched Parshva Jain from him and put parshva in the Scorpio car and left towards Meerut. The guard made a hue and cry and tried to follow the car but could not succeed. He could not note the vehicle number. The said boy, Parshva Jain, was wearing a school dress of blue colour half shirt, grey colour nicker and black shoes. The guard informed the informant about the incident and thereafter he had lodged the F.I.R. After registration of the F.I.R. against the four unknown accused persons on 22/10/2011, the police had recovered the kidnapped child during an encounter wherein, out of the eight persons, six were apprehended. With regard to the encounter and recovery of the kidnapped child, another Case Crime No. 1190 of 2011 was registered against all the accused persons.

(3.) The facts of the Case Crime No. 1190 of 2011 were that on 22/10/2011, the Inspector- Sri Anil Kaparwan, incharge of the Special Operation Group(SOG), got an information from a reliable source and through surveillance that the accused persons of Case Crime No. 820 of 2011 were hiding themselves alongwith the kidnapped child in the Dastoi Forest and due to the fear and pressure created by the police, they had shifted near Muradnagar and now they were demanding a ransom of Rs.2,00,00,000.00 (Two Crores) from the father of the kidnapped child and that some deal was going to be finalized on 22/10/2011 at Sadarpur Duhai Road and if the deal was not finalized, they were planning to shift the child to some other State and were trying to go towards Mandawali, Delhi, in the Scorpio Car through Muradnagar. On the basis of such information, Sri Anil Kaparwan, Inspector Incharge of SOG, came to the Police Station, Kavinagar and informed about the same to the SHO, Police Station- Kavinagar. Thereupon, they formed two teams of the police to apprehend the kidnappers and to recover the child.