VEER SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) The above criminal appeals are directed against the judgment and order dtd. 28/2/2019, passed by the First Additional Sessions and District Judge, Ghaziabad in Sessions Trial No.823 of 2009, arising out of Case Crime No.71 of 2009, under Ss. 364/34, 302/34, 201/34 IPC, Police Station - Dhaulana, District - Ghaziabad; whereby the accused appellants Veer Singh, Vishnu, Satendra, Suresh, Munesh and Indrapal @ Indal Jatav have been convicted and sentenced for life imprisonment under Sec. 302/34 IPC alongwith fine of Rs.30,000.00, each, and in default of payment of fine to undergo one year's additional imprisonment; sentenced to ten years rigorous imprisonment alongwith fine of Rs.20,000.00 each, under Sec. 364/34 I.P.C. and in default of payment of fine to undergo ten month's additional imprisonment; sentenced to seven years imprisonment alongwith fine of Rs.10,000.00 each, under Sec. 201/34 I.P.C. and in default of payment of fine to undergo eight year's additional imprisonment. All the sentences are directed to run concurrently.

(2.) The prosecution case is based upon the report of Manoj Kumar (PW-1), who is a resident of Dhaulana. On 12/3/2009, he had gone to offer prayers in Sai Temple in Sapnawat along with his wife and family members. After offering prayers at the temple while the family was resting, the informant's son, aged about 4 years (the deceased) asked for an ice-cream. It was around 1:30 P.M. and the child started crying for the ice-cream. Informant sent his minor son alongwith PW-9 to get him an icecream. Near the ice-cream vendor, accused Shakti Singh and his maternal uncle, Vishnu, were also present, who gave four ice-creams to PW-9 and asked the minor son of the informant to stay with him on the pretext of offering him bigger ice-cream. PW-9 was sent back by the accused persons to the informant. After some time, accused Shakti Singh came to the informant and inquired about informant's son. The informant told accused Shakti Singh that PW-9 had left him with him. The informant then tried to locate his missing son, but he could not be found. A missing report was lodged on 12/3/2009 in that regard.

(3.) On 14/3/2009, the dead-body of the informant's son was found within the limits of Bahadurgarh Police Station at Mohammadpur Paswar. The allegation in the written report is that on account of old enmity, accused Shakti Singh alongwith his father Veer Singh and the maternal uncle Vishnu have abducted informant's son and thereafter his body has been thrown in Mohammadpur Paswada. This written report has been exhibited during trial as Ex.Ka.-1. On the basis of this written report, Case Crime No.71 of 2009, under Ss. 364/34, 302/34 and 201/34 I.P.C. came to be registered at Police Station Dhaulana, District Ghaziabad.