KALLOO JAMADAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Under challenge in the aforesaid criminal appeals is the judgment and order dated 09.11.2009 passed by Additional Sessions Judge/Fast Track Court No.2, Kannauj, in Sessions Trial No.22 of 1994 arising out of Case Crime No.118 of 1994, under Section 364-A IPC, Police Station Kannauj, and Sessions Trial No.200 of 2001 arising out of Case Crime No.120 of 1994, under Sections 148, 149, 307 IPC, Police Station Kannauj. Along with the aforesaid sessions trials, two other sessions trials were also tried, which were against co-accused Ram Niwas and Iqbal. Accused Ram Niwas was absconding and accused Iqbal died during trial. So the case of the accused Ram Niwas was separated and the case of the accused Iqbal was abated. Appellant Kalloo Jamadar was convicted in both the sessions trials and was held guilty for the offence under Section 364-A IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.10,000/-. He was further convicted for the offence under Sections 148 IPC and was sentenced to undergo rigorous imprisonment for a period of one year. He was also held guilty for the offence under Section 307/149 IPC and was sentenced to undergo rigorous imprisonment for a period of five years and also with fine of Rs.2,000/-. In default of payment of entire fine amount, the appellant was directed to undergo additional rigorous imprisonment for a period of one year. All the sentences were directed to run concurrently

(2.) In the aforesaid sessions trials, co-accused Musheer Ali was also tried with appellant Kalloo Jamadar, however, he was acquitted of the charges leveled against him.

(3.) In brief, as per the prosecution case, on 11.02.1994 at about 05.30 PM, the victim of the offence namely Nathoo Ram, aged about 75 years, who happens to be the father of the complainant Ram Das Kushwaha, had gone to his tube-well, situated at the outskirt of the villlage Kanpatiapur, to sleep there. When the complainant reached there in the following morning then his father was missing, as such, he searched his father but he could not be traced out. On 12.02.1994, an information of missing of his father was given at the concerned police station. Thereafter, the complainant got a letter demanding ransom of Rs.2,60,000/- and the said letter also contained threats of dire consequences to the victim of the offence. So the first information report of this case was lodged by the complainant on 19.02.1994 at 22.30 hours. After registration of the case, the investigation started and the place of occurrence was inspected. During investigation, on 20.02.1994 at about 07.45 AM, the police party got a secret information that the alleged victim Nathoo Ram has been kept in the house of Shiv Charan Jamadar in village Rauni. On this information, the police party raided the said house. The complainant Ram Das Kushwaha and one Rakesh were made witnesses and no person of the village Rauni consented to become a witness. Thereafter, the police party came to village Rauni at about 09.00 AM at the house of Shiv Charan Jamadar. When they peeped into the house of Shiv Charan Jamadar then Ram Saran, Musheer, Iqbal, Shiv Kumar, Kalloo Jamadar (appellant) who is son of Shiv Charan Jamadar and Ram Niwas were sitting in the courtyard and were talking to each other. The witnesses who were previously known to the accused persons disclosed their identity to the police. SSI Shri Vishnu Pratap Singh challenged the accused persons then accused Ram Niwas and Ram Saran opened fire with their country made rifle and gun. The police party escaped the said fires. The police also opened fire in their self defence. Ram Niwas, Iqbal and Kalloo Jamadar were apprehended on the spot by the police at 09.30 AM in the courtyard of the house of appellant Kalloo Jamadar. Remaining miscreants namely Ram Saran, Musheer and Shiv Kumar made good their escape. On the search of the arrested accused persons, from the possession of Ram Niwas, one country made rifle (315 bore) along with one empty cartridge in the barrel was recovered and two live cartridges were also recovered from the pocket of his jacket. From the possession of Iqbal, four live cartridges (12 bore) were recovered. Nothing is alleged to have been recovered from the possession of present appellant Kalloo Jamadar. The accused persons confessed that they have kidnapped Nathoo Ram and he is present in the house. Thereafter, the police party opened the room and Nathoo Ram, the victim, was found sitting in the room. It was alleged that thereafter all the three arrested accused persons also made confession of some other incidents of kidnapping and they also disclosed that the letter for demand of ransom was sent by Musheer (acquitted accused). The accused persons were taken into custody and a separate case under Sections 147, 148, 149, 307 IPC and Section 25 of the Arms Act was registered at a different case crime number.