SANTOSH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant jail appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 25.03.2011 passed by the Additional Sessions Judge, Court No.13, Bareilly, in Session Trial No.715 of 2009 State of U.P. Vs. Santosh Kumar, arising out of Case Crime No.40 of 1989, under Section 364 IPC, Police Station- C.B. Ganj, District- Bareilly, whereby the appellant has been sentenced to undergo ten years rigorous imprisonment coupled with fine Rs.5000/-, in default of payment of fine, additional six months rigorous imprisonment.

(2.) Heard Sri Arvind Kumar Srivastava, learned amicus curiae for the appellant, learned AGA for the State and perused the record of this appeal.

(3.) Relevant facts discernible from the record appear to be that in this case, the informant Smt. Munni Devi moved an application before Senior Superintendent of Police, Bareilly whereby DH No.5 was issued and the same was converted into Case Crime No.40 of 1989, under Section 364 IPC, Police Station C.B. Ganj, District Bareilly. The allegations contained in the written report Ext. Ka-1 relate to the facts that Shiv Shanker 14 years son of the informant Smt. Munni Devi, resident of Bhurh near Galla Godown, within police circle C.B. Ganj, District Bareilly, was taken away by the appellant in company of others on the pretext that he (appellant) will secure him a job at Delhi, thus caused his disappearance. On inquiry being made by the informant, the appellant did not divulge truth about Shiv Shanker's whereabouts and was ready to fight. The informant had previously given the written report apart from making oral request that the informant's son was the only source of her livelihood as the informant is a helpless widow and apprehension was expressed in the latter part of the written report that the appellant might have killed his son after causing his disappearance. Request was made for tracing out whereabouts of the informant's son. This written report was forwarded to the Superintendent of Police, Bareilly, for necessary action. The written report is Ext. Ka-1.