MANNU ALIAS AYYUB Vs. STATE OF U P

JUDGEMENT

(1.) All the above appeals have been filed challenging the judgment and order dated 24-3-2004 passed by Addl. District & Sessions Judge, F.T.C. No. Kanpur Nagar, whereby the appellants are convicted under Section 364-A, I.P.C. and sentenced to death and a fine of Rs. 10,000/- each. In default of payment of fine further imprisonment for one year has been awarded. The appellants are further convicted under Section 201, I.P.C. and sentenced to undergo imprisonment of 7 years each and a fine of Rs. 2,000/- and in default of payment of fine six months further imprisonment. The appellants are further convicted under Sections 302/34, I.P.C. but they have not been awarded any other sentence of imprisonment. All the sentences were directed to run concurrently.

(2.) Criminal Reference No. 7 of 2004 is for confirmation of death sentence.

(3.) Brief facts of the case, mentioned in the first information report lodged by Gulab Singh Bhadoria, informant, are that he is resident of House No. 45, Kalyanpur Khurd, P.S. Kalyanpur. One Pradeep Kumar Savita, resident of village Rajepur, P.S. Rajepur, district Fatehpur is a tenant in his house for the last about two months. One Dipu alias Asit Bajpai is also staying with him for the last about 20 days. On 23-1-2003 at about 5.00 p.m. Pradeep Kumar and his friend Dipu alias Asit Bajpai took away his son Ram Lala, aged about 3 years four months, on the pretext of offering him Samosa. They took his son at the shop of Babloo alias Mahendra Kumar Gupta. A. V. Singh, proprietor of Kaushik Marble, saw his child crying and asked about the parentage, of the child. Babloo informed that he is son of landlord of Pradeep Kumar. Thereafter Pradeep Kumar and his friend Dipu alias Asit Bajpai, took away the child. It is further alleged that when he and his family members got this information, they started searching his son Ram Lala, tenant Pradeep Kumar and Dipu alias Asit Bajpai, along with other persons of the Mohalla. Whole night they had searched them. On 24-1-2003 Babloo alias Mahendra Kumar Gupta handed over a letter containing demand of ransom of Rs. 70,000/- and in failing to make payment there was a threat to kill the child. They searched and found Pradeep Kumar at Panki Tempo Stand. They caught hold of him and it is alleged that Ram Lala is abducted by Pradeep Kumar and Deepu alias Asit Bajpai for ransom. Pradeep Kumar was brought to the police station along with letter demanding ransom. A report was registered on 24- 1-2003 at 11.30 a.m. at P.S. Kalyanpur, district Kanpur Nagar. Report was registered by Con. Kishan Kumar vide Case Crime No. 96 of 2003 under Section 364-A, I.P.C. He prepared the chik F.I.R. (Ext. Ka.-4) and also prepared G.D. entry (Ext. Ka.-5). After the registration of the case S.S.I. Vishwanath started investigation of the case. He recorded the statement of the informant, interrogated Pradeep Kumar Savita and he promised to get the dead body recovered. At his pointing out, the dead body of Ram Lala was recovered. He prepared Fard (Ext. Ka.-12) and site map (Ext. Ra.-13). He recorded the statements of Meena Devi, Rajendra Singh, Virendra Singh, Daya Ram and Ranjit Singh. The post-mortem of the deceased was conducted by Dr. Ashok Kumar on 25-1-2003 at 1.00 p.m. In his opinion probable time of death was 11/2 day before. Rigor mortis upper passed lower present eye closed mouth half opened. P.M. staining whole of back buttock and thigh. Nail cyanosed. He noted the following ante-mortem injury : (i) Contusion size of 7 cm x 4 cm front of neck just below chin.