NARAIN DAS Vs. STATE OF U P

JUDGEMENT

(1.) BOTH these appeals have been filed against the judgment and order dated 10 -5 -2005 passed by the Special Judge, Dacoity Affected Area, Jalaun at Orai in S.T. No. 07/99, State v. Virendra Singh alias Veerey, S.T. No. 7A/99, State v. Kalloo alias Vasdeo and Ors. and S.T. No. 48/99, State v. Ashok Kumar, whereby appellants Narayan Das and Navin Kumar in Criminal Appeal No. 2046 of 2005 have been convicted under Section 364 -A, I.P.C. read with Section 120 -B, I.P.C. and sentenced to imprisonment for life and a fine of Rs. 5,000/ - and in default of payment of fine further R.I. for six months and under Section 14 of Dacoity Affected Area Act sentenced to three years' R.I. and appellant Virendra Singh alias Veera in Criminal Appeal No. 2696 of 2005 has been convicted under Section 364 -A, I.P.C. and sentenced to imprisonment for life and a fine of Rs. 5,000/ - and in default of payment of fine further R.I. for six months and under Section 14 of Dacoity Affected Area Act sentenced to three years' R.I.

(2.) THE prosecution case as disclosed in the written report dated 29 -10 -1998 lodged by Mata Prasad at P.S. Rampura and registered at Crime No. 198 of 1998 under Section 364 -A, I.P.C. and 12/14 of the Dacoity Affected Area Act is that on 5 -10 -1998 Anjani Kumar alias Lalji aged about 29 years, the son of the complainant was to go to see his brother -in -law at Village Gohad, District Bhind (M.P.). On that day at about 7.00 a.m. accused Virendra Singh alias Veerey, son of Jaidev Singh alias Munshi Singh Bhadoria of Village Kanjhari came to the house of the complainant on a bullet motorcycle with Kalloo Yadav. Virendra Singh was known to accused Navin Soni and Narain Das of the village of the complainant. Virendra Singh said to the complainant that he was going to Gwalior and would leave Anjani Kumar at Gohad. He took away Anjani Kumar on his motorcycle alongwith his companion Kalloo. When nothing could be known about Anjani Kumar for several days, the complainant made search for him at Gohad and in other relations, but all went in vain. On 12 - 10 -1998, the complainant received a letter on the printed pad of Dacoit Nirbhay Singh Guzar and Munni Pandey through which a ransom of Rs. 7,51,101/ - was demanded for the safe release of Anjani Kumar. On receiving this letter, the complainant believed that his son had been abducted by Virendra Singh alias Veerey and his companion for ransom.

(3.) THE investigation of the case was taken up by S.I. Devi Prasad Dubey, the then S.O., P.S. Rampura. He prepared the memo of the letter sent by the Dacoits and handed over at the police station by the complainant and recorded the statements of the witnesses of this memo. He inspected the place of abduction on 30 -10 -1998 and prepared the site plan. He also recorded the statements of Narain Das Soni and others and on the same day arrested the accused Virendra Kumar Bhadoria alias Veerey, who confessed that he had abducted Anjani Kumar for the sake of ransom. He also disclosed that Kalloo alias Nagendra Yadav resident of Husepura, Ashok Kumar S/o Chatri resident of Husepura, P.S. Kunthod, Munna Guzar resident of Rahtoli, P.S. Ajitmal, Rajjan Mehtar resident of Ajitmal, Nirbhay Guzar and Munni Pandey were also involved in the abduction. The I.O. recorded the statement of Navin Kumar Soni on 13 -11 -1998 and remained in the search of Anjani Kumar and of the accused persons. On 3 -1 -1999 Anjani Kumar alias Lalji was released from the custody of the dacoits at about 5.30 p.m. during combing operations. The recovery memo of this release was prepared and later on Anjani Kumar was handed over to his father Mata Prasad Soni and its memo was also prepared.