RAM GOPAL Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal under Section 374 (2) Cr.P.C. by the sole appellant- Ram Gopal against the judgment and order dated 26.02.1997 passed by 1st Additional Sessions Judge, Moradabad, whereby the trial court has found the appellant guilty for commission of the offence under Sections 302 and 201 IPC and sentenced him to undergo imprisonment for life under Section 302 IPC and three years rigorous imprisonment and to pay a fine of Rs.1,000/- under Section 201 IPC. In default of payment of fine, to further undergo simple imprisonment for one month.

(2.) The prosecution case in short is that PW-1 Ram Chandra made a written report on 26.11.1993 that his son Kamal aged about 12 years is missing for the last three days. The FIR was registered on 26.11.1993 at 3:40 P.M. The investigation was entrusted to SI Govind Singh (PW-6). In his written report, PW-1 has named the appellant for commission of the said offence.

(3.) Pw-1 has stated in his written report that his son Kamal was working in the shop of Babbu Mistri, who runs a mechanic shop of scooter and motorcycle. On 23.11.1993 at 4:00 P.M. in the evening, the accused went to the shop of Babbu Mistri and introduced himself as a close relative of Kamal and asked him to relieve Kamal. Babbu Mistri after verifying the fact that Ram Gopal is a close relative of Kamal, allowed Kamal to accompany the accused-appellant.