ANIL KUMAR @ PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Adarsh Bhusan, learned amicus curiae for the appellant and Sri Vimlendu Tripathi, learned G.A. with Sri Narendra Kumar Singh, learned A.G.A. for the State.

(2.) The appellant Anil Kumar @ Pappu was charged for commission of offence under Section 364 IPC by the learned Sessions Judge, Kaushambi in Sessions Trial No. 393 of 2011. That Trial Court has, vide its judgment dated 02.12.2015, held the charge proved against the appellant, found him guilty and; vide order dated 03.12.2015 sentenced him to ten years of rigorous imprisonment together with Rs. 50,000/- fine which if not paid, the appellant would undergo further one year simple imprisonment.

(3.) The case arises out of the First Information Report in Case Crime No. 149 of 2011 under Section 364 IPC claimed to have been lodged by Khinni Lal at about 9.20 p.m., on 26.04.2011, at Police Station Sarai Akil, District Kaushambi, whereby the informant reported - the accused appellant Anil Kumar @ Pappu had kidnapped the first informant's son Rishikesh aged about 14 years, Sunil Kumar son of Kandhai Lal, aged about 13 years and Ashwani Kumar son of Birendra, aged about 11 years, while they were playing in a grove, in order to murder the three children.