ARUN KUMAR Vs. STATE

JUDGEMENT

(1.) Heard Mr. Sriprakash Dwivedi holding brief of Mr. Anand Kumar Singh, learned counsel for the appellant as well as Mr. Nagendra Bahadur Singh, learned Additional Government Advocate for the State.

(2.) The present appeal has arisen out of judgment and order dated 30.06.2006 passed by Special Judge, Gangsters and Anti-Social Activities, (prevention) Act, in GST No. 59 of 2003 (State Vs. Arun Kumar), whereby the learned Sessions Judge, convicted the appellant under Sec. 364-A Indian Penal Code and sentenced to undergo imprisonment for life and imposed fine of Rs. 20,000.00 in default further simple imprisonment of six months and also convicted under Sec. 2 (Kha) and Sec. 14 read with Sec. 3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act and sentenced to ten years' rigorous imprisonment and imposed fine of Rs. 10,000.00 in default to go further additional simple imprisonment for three months. All the sentences were directed to run concurrently.

(3.) The case of the prosecution in nutshell is that one Sri Girija Saran Parashar, son of Deen Dayal Parashar, R/o Chamdhawala Kasba, Police Station Shaidabad, District Hatrash, lodged First Information Report to the effect that Arun Kumar son of Kripal Singh, R/o Hamir, Post Kamlapur, District Sitapur had been servant of his younger brother Hari Om Parashar for about one year, but before six months he had returned to his home. On 28.07.2002, he had come to Sadabad and told that he had come to visit for two to four days, since he had come to his friend, who was residing at Agra. He has stated that yesterday on 30.07.2002 at about 6 p.m. accused-appellant had walked out with his nephew Magan @ Dipesh to visit a shop, but when he did not return till eight hours, he as well as his family members searched out them, but they could not find their clue, till morning of the date of lodging a First Information Report, then he suspected that Arun (accused) had kidnapped Magan son of his brother and may cause his death.