BABLOO Vs. STATE OF U P

JUDGEMENT

(1.) These appeals are directed against the judgement and orders dated 5/7.3.2011 whereby the appellants were convicted by Sri Manohar Lal, Special Judge (DDA) Distinct Kannauj in Special Sessions Trial no.22 of 2011 (State Vs. Nihal and 12 others), they were sentenced as under.

(2.) In these present appeals, the facts of the prosecution case are as under.

(3.) That Suresh Kumar, resident of village Saivasu, police station Billhaur, District Kanpur Nagar gave a written report to the police station Gursahaigang, District Kannaunj stating therein that he was the owner of Truck No.HR 38G/4551. On 31.12.2009 after loading 720 bags of rice, each bags containing 25Kg rice, he came to his village at 9.00 p.m and on 1.1.2010 at 1.00 p.m, he proceeded towards Baraut, district Baghpat with the rice loaded truck. At about 3.30 p.m, on the same day the truck reached Gursahaigang from where three persons boarded the truck as passengers. Subsequently, four more persons boarded the truck. When truck passed through Doctor Hotel, Bewar and reached near Reliance Tower within the village Vankiya at about 6.30 p.m, out of seven passengers, two caught him (the driver) and deboarded him from the truck and three persons took his truck. Four persons stayed there. After tying his hands and legs, kept him in the mustered field under their watch. At about 1.00 p.m, all the four miscreants after loosening the rope, tying his legs and hands, fled away from there. He and his helper reached the police station Bewar in the morning. Police of police station concerned informed them that place of occurrence was within the police station of Gursahaigang. Thereafter he went to police station Gursahaiganj and lodged the first information report on 3.1.2010 at 4.p.m. Chick F.I.R was scribed, case crime no.4/2010, under sections 395, 397 I.P.C was registered at police station Gurshaiganj, requisite entry was made in the report of the general diary. The investigation of the case was taken over by S.H.O. Farmud Ali Pundir.