CHANDRA SHEKHAR @ CHHOTU Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Anurag Singh Chauhan, Amicus Curiae for the appellant in this jail appeal, and learned AGA for the State.

(2.) UNDER challenge in the instant appeal is the judgment and order dated 05.11.2011 passed by Additional Sessions Judge/T.E.C.P. -4, Lucknow, in Sessions Trial No.1357 of 2009 and Sessions Trial No.114 of 2010, which were tried together and disposed of by a common judgment, arising out of Case Crime No.363 of 2009 and Case Crime No.364 of 2009, Police Station Husainganj, District Lucknow, whereby the appellant was convicted for the offence under Section 364 -A IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.20,000/ - with default stipulation of six months' additional imprisonment. He was further convicted for the offence under Section 4/25 of the Arms Act and was sentenced to undergo one year's imprisonment and also with fine of Rs.2,000/ - with default stipulation of 15 days' additional imprisonment. Both the sentences were directed to run concurrently.

(3.) IN brief, the case of the prosecution was that the complainant Kashi Ram Kashyap lodged a first information report alleging therein that his son Gautam @ Vishu was missing from 04.00 PM on 02.07.2009. He was a student of class III. All the family members were busy in his search. When they were going to lodge the first information report of this case at police station Husainganj then a phone on his mobile was received from a land line number at 10.45 PM that his son Vishu is in their custody and the caller demanded a ransom of Rs.2,00,000/ - (Two lacs). The caller further told that after half an hour, he will tell the place where the money is to be delivered. Thereafter, at 11.05 PM again a phone call was received from a land line number directing the complainant to come at Nishat Ganj bridge with money and also threatened him that in case any information is given to the police then he will get the dead body of his son. The wife of the complainant recognized the voice that it was the voice of their servant Chandra Shekher @ Chhotu (appellant) and accordingly a first information report was lodged and the police was requested to take immediate action for the recovery of his son. On the basis of this information, case was registered on the same day at 2325 hours. The police came into action and S.I. J.B. Singh along with police party and the complainant went to the place as directed by the accused on phone. When these persons reached at Nishat Ganj bridge in a private passenger vehicle No. U.P. 32 CZ 4243 (Tata Sumo) then another police party headed by Shri Balram Saroj and his companions met them and they also accompanied the police party. The moment this police party crossed the Nishat Ganj bridge, appellant Chandra Shekhar @ Chhotu was seen standing on the left side of the road. The complainant and his family members identified that he is Chandra Shekhar @ Chhotu. So the police party after using necessary force apprehended the appellant and on his search, one knife and cinema tickets of three different talkies of the same date were recovered from his possession and he confessed his guilt that for the purpose of money, he has committed this offence. He also disclosed that the victim Vishu is sitting near Sahu Talkies. Thereafter, the police party along with the appellant came to Sahu Talkies and the victim Gautam @ Vishu was recovered. Thereafter, the recovery memo was prepared and for the recovery of knife, a separate case was registered, which was also tried with the instant case.