DHARMENDRA SINGH SENGAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anil Kumar Srivastava, learned senior counsel assisted by Sri Ram Bahadur, learned counsel for the appellant, Sri D.P.S. Chauhan, learned counsel for the informant, Sri G.N. Kannaujiya, learned AGA for the State and perused the record in Criminal Appeal No. 3720 of 2014.

(2.) The present criminal appeal has been preferred against the judgment and order dtd. 3/9/2014 passed by Addl. Sessions Judge Court No. 24, Kanpur Nagar, in Sessions Trial No. 555/2007 (State vs Alankesh Tripathi and another) whereby convicting and sentencing to the appellant, Dharmendra Singh Sengar, for life imprisonment with the fine of Rs.25,000.00under sec. 302 I.P.C., and also convicting and sentencing the appellant, Dharmendra Singh Sengar, for period of 7 years of R.I. with fine of Rs.5,000.00, under sec. 201 I.P.C., both the sentences of the appellant shall run consecutively.

(3.) The prosecution case is that Umesh Kumar Diwedi, son of Shiv Kapil Diwedi, filed a missing report at Police Station- Panki, District- Kanpur Nagar on 18/10/2006 stating that his son, Shivanshu Diwedi, studies in Maharana Pratap Education Centre, Indrapuri, in class 12th. As usual on 14/10/2006, Saturday, at about 06:40 a.m., he left for the aforesaid Centre, but when he did not returned in the night. His search was made at the places of relatives and friends but his whereabouts could not be known. Because of the closure of the college on 15th, being Sunday, his friends and teachers also could not be contacted and hence the missing report of the son of the informant was made on 18/10/2006.