SHIV SHANKAR, SON OF SUKHRAM; RAMENDRA ALIAS MUNNA (AGE 23 YEAR) S/O UMA SHANKER; ANKIT SHARMA SON OF SULKHE SHARMA; SONU SAINI SON OF SHIVLAL SAINI; NIZAMUDDIN, SON OF ANWAR Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeals have arisen against the judgment and order dated 19.02.2013, passed by learned Additional Sessions Judge/ Special Judge, (E.C. Act) Unnao in S.T. No.466/2009, arising out of case crime no.204 of 2009, Police Station Asoha, District Unnao wherein the accused-appellants were convicted under section 147 IPC and sentenced to two years rigorous imprisonment, 302 IPC read with section 149 IPC and sentenced to imprisonment for life and fine of Rs.10000/- each with default stipulation of six months imprisonment, under section 364 A IPC and sentenced to imprisonment for life and fine of Rs.10000/- each with default stipulation of six months imprisonment, under section 201 IPC and sentenced to three years' rigorous imprisonment and fine of Rs.3000/- with default stipulation of three months imprisonment. All the sentences were directed to run concurrently. Accused were acquitted under section 364 IPC. All the appeals have arisen out of one judgment, hence, are being decided simultaneously.

(2.) According to the prosecution case, a first information report was lodged at Case Crime No.204/2009, under section 364 IPC by Siya Ram on 22.02.2009 at Police Station Asoha, District Unnao. It was stated that on 20.02.2009 there was 'tilak' ceremony of Guddu son of Devicharan, nephew of the complainant. After the ceremony Ramendra alias Munna alongwith Shiv Shankar, Ankit, Nizamuddin and Sonu Saini kidnapped Raghvendra Yadav son of the complainant aged about 10 years by Maruti Car No. UP 32 BB 2470 at about 10:20 PM. Ramendra alias Munna is son in law of Devi Charan. Devi Charan is real brother of complainant. Complainant alongwith Sunil Kumar Shukla and Atma Ram saw the incident. On 22.02.2009, when complainant Siya Ram asked Ramendra alias Munna about the whereabout of his son then he told that he did not know about his son. Thereafter, first information report was lodged. Investigation was handed over to SI Prem Bahadur Singh. On 23.02.2009, the dead body of the deceased was recovered from a well. Inquest proceedings were conducted which begin on 23.02.2009 at 08:30 AM and concluded at 10:00 AM. Dead body was sent for postmortem which was conducted on 23.02.2009 at 02:10 PM wherein the cause of death was found as ante-mortem throttling. On 24.02.2009 on the pointing out of accused Ramendra alias Munna a sweater of the deceased was recovered by the police from a bush in village Buliganj, Police Station Masauli, near a water, tank. Awadh Ram and Sita Ram were present at the time of recovery. Complainant himself identified the sweater that it is the sweater of his son Raghvendra. After concluding the investigation, chargesheet was submitted against the accused persons under section 147, 364, 302, 201 IPC.

(3.) Accused were charged under section 147, 364 read with section 149 IPC, 302 read with section 149 IPC, 201 read with section 149 IPC and 364 A read with Section 149 IPC.