DHARAM RAJ PASI Vs. STATE OF U.P.

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 13.10.2011 passed by Additional Sessions Judge, court no.-3, Kaushambi, in Sessions Trial No. 215 of 2007 (State Vs. Lalman and others), arising out of case crime no.27 of 2007, under Sec. 364 IPC, Police Station-Charwa, District-Kaushambi, whereby accused appellant-Dharam Raj Pasi has been sentenced to 10 years R.I. coupled with fine of Rs. 5000.00, and in default of payment of fine, he will have to undergo additional two months simple imprisonment.

(2.) Heard Sri Kamal Krishna, learned Senior Advocate, assisted by Sri A.K. Srivastava, learned counsel for the appellant and Sri Pradeep Kumar, learned A.G.A. for the State assisted by Sri Sharad Srivastava, learned brief holder and perused the record of this appeal.

(3.) Course of events leading up to this appeal have its genesis rooted in the first information report lodged by Jitendra Kumar Pandey s/o late Sita Ram r/o Mohammadpur Aswa, Police Station-Kokhraj, district-Kaushambi on 20.02.2007 at 03.30 P.M. to the effect on 19.02.2007 at 2.00 P.M., informant's brother-Birendra Kumar @ Sarkari told him that Dharamraj Lekhpal has telepathically called him at Tehsil-Chayal and he is going to Tehsil-Chayal. When informant's brother reached near Tehsil-Chayal, he met with informant's nephew Bebi, Jabi and Ruchi. Informant's brother was also coming from Tehsil-Chayal side to his home on road leading towards Kaju. Besides, informant's nephew-Pankaj also saw the informant's brother coming on motorcycle with one pillion rider whom he did not know. The pillion rider was a man of average age with medium height. When informant's brother did not reach home, then his whereabouts was searched. On search being made informant's brother-in-law-Sandeep r/o Koudiha told that motorcycle of informant's brother (UP 73 B 2871) was lying abandoned by the side of the road in village Harduwa, which is detained in police station-Charwa. Enmity exists between the informant and Lalman s/o Sarju Prasad Pandey of the village, informant has apprehension that Lalman has abducted informant's brother and after killing him has caused disappearance of the dead body, because three years back informant's elder brother was killed by sons of Lalman-Babbu @ Pawan Kumar and Raju. It was requested that report be lodged against Lalman and action be taken. This report is Exhibit Ka-1.