ARUN BAJPAYEE Vs. STATE OF U.P.

JUDGEMENT

(1.) Both the appeals have been filed on behalf of the appellants Arun Bajpayee and Pappu Pandey against the common judgment and order dated 11.2.2009 passed by the learned Additional Sessions Judge Court No. 3 Pilibhit whereby both the appellants have been convicted and sentenced to undergo ten years rigorous imprisonment with fine of Rs. 10,000/- for the offence punishable under section 364 IPC, life imprisonment with fine of Rs. 10,000/- for the offence punishable under section 302/34 IPC and two years rigorous imprisonment with fine of Rs. 500/- each under section 201 IPC with default stipulations in Sessions Trial No. 269 of 2003 (State v. Arun Bajpayee ) and Session Trial No. 33 of 2004 (State v. Pappu Pandey) . All the sentences were directed to run concurrently.

(2.) The genesis of the facts giving rise to the prosecution in a short conspectus is that an FIR has been lodged by Baldeo Singh on 5.2.2003 under sections 364/302/201/34 IPC at Police Station Sungari District Pilibhit with the allegation that his son Narendra Jeet alias Goldee was living at his ancestral farm situate at gram Kuwarpur, Taluka Gajraula Police Station Pooranpur District Pilibhit. Goldee, the son of the complainant had an agency of Swaraj Tractor at Kasba Beesalpur. His son Goldee used to look after the aforesaid tractor agency. His eldest son Jitendra used to look after another agency of Swaraj Tractor situated in Qasba Puranpur. On the fateful day of 2.2.2003, Arun Bajpayee son of Shiv Shanker former salesman Puranpur Agency run by Jitendra, the son of the complainant r/o near Hanuman Temple Mohalla Civil Lines, South Police Station Sungari came to his farm and enquired from his wife about the presence of Goldee with the object of getting his some tractors sold. Goldee alias Narendrajeet with his associate Major Singh son of Arjun Singh and Arun Bajpayee came to Pilibhit. The accused appellant Arun Bajpayee suggested Goldee to sit at Indoform Tractor Agency situate at the crossing of Assam Road and persuaded Major Singh to accompany him uttering that he had to come across to an Advocate. When the victim Goldee was all alone, Raju Pandey son of Bhagwan Swarup Pandey resident of Devipur Police Station Madhau Tanda Pilibhit presently living at I.V.R. Gate Bareilly, the friend of his son Jitendra came with white Maruti Car and departed somewhere with Goldee. His son Goldee had not returned back since then. The complainant made hectic efforts to get searched out his son Goldee with his kith and kin at the Agencies of the tractor but he could not get any clue and tip off about his existence. The complainant divulged his mark of identification reflecting his dim white colour,long face, height about five feet nine inch,small beard, little hair, light black shirt, purple shade jacket, blue cap, woolen pant of yellow and white thread of brown colour and black socks, white shoes. The complainant requested to register the first information report and search out the corpus of his missing son Goldee. The first information report was scribed by Jaswant Singh and the same was proved by him as Exhibit Ka.1.

(3.) After registration of the first information report, the station officer Raj Kumar Sharma entrusted the investigation to Ram Pal Singh (S.I.) (P.W. 8) who ensued the investigation and subsequent thereto investigation was conducted by the station offier Raj Kumar Sharma (P.W. 7). He recorded the statement of the S.I. Rampal Singh, C/C. Kishan Pal Singh, Sardar Major Singh. He collected clinching and material evidence showing the complicity of the appellants in the commission of said offence thus the charge sheet was submitted against them under sections 364/302/34/201 IPC. The case was committed to the Court of Sessions and the charges were also framed under sections 364/302/34/201 IPC. The charges were read over and explained to the accused appellants. The accused appellants abjured the charges and claimed to be tried .