AMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The aforesaid set of appeals have been preferred by the aforementioned appellants against judgment and order of the conviction dated 09.04.2013 passed by Additional Sessions Judge/Special Judge (Dacoity Affected Areas' Act) Etawah in Special Case No. 158 of 2008 arising out of Case Crime No. 173 of 2002, State v. Uday Veer and others , under Section 364A IPC, Police Station Jaswant Nagar, District Etawah, whereby the appellants have been sentenced to imprisonment for life coupled with fine of Rs. 10,000/- each with default stipulation for serving six months additional simple imprisonment, under Section 364A IPC.

(2.) Prosecution story, as emanates from record appears to be that a written report Exhibit Ka.1 was lodged at Police Station Jaswant Nagar, District Etawah on 22.05.2002 at 6:40 p.m. by informant Suresh Chandra s/o Geeta Ram Jatav, r/o Buddhapura, P.S. Jaswant Nagar, District Etawah against three persons Uday Veer s/o Mauji Lal Yadav, Ravi s/o Ram Narayan and Amar Singh s/o Sant Ram Jatavregarding kidnapping of his nephew Raj Bahadur, aged 13 years, for ransom on 18.05.2002, with allegation that a report had already been lodged at Police Station Jaswant Nagar in this case on 20.05.2002 thereafter, it transpired that on 16.05.2002, some conversation between Uday Veer s/o of Mauji Lal Yadav r/o Jhalokher, P.S. Civil Lines, Etawah and Amar Singh s/o Sant Ram Jatav r/o Janakpur, P.S. Civil Lines was overheard by the local people at the knitting shop at Ludhpura. After that on 18.05.2002, Amar Singh was seen by Bharat Singh and Shyam Singh in company with Raj Bahadur for getting him sewing machine. When they asked Raj Bahadur as to where he was going, then Uday Veer Yadav and Ravi s/o Ram Narayan Yadav, r/o village Jhalokher also arrived. They were going to Jhalokher for obtaining/availing sewing machine. Amar Singh, Uday Veer, Raviall the three took Raj Bahadur with them, but uptil now, whereabouts of Raj Bahadur is not known. These three persons have kidnapped informant's nephew for demand of ransom. Report be lodged and action be taken.

(3.) Contents of Exhibit Ka.1 were taken down in the check FIR no. 88/2002 on 22.05.2002 at 6:40 p.m. at Police Station Jaswant Nagar at case crime no. 173/2002, under Section 364A IPC. Check FIR is Exhibit Ka.5. The case was registered against the accused persons on the basis of the entries made in the check FIR at GD serial no.31 at 18:40 hours on 22.05.2002, carbon copy whereof, is Exhibit Ka.6.