KRISHNA MURARI Vs. STATE

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order of conviction dated 23.12.1985 passed by the IVth Additional Sessions Judge, Gorakhpur, in Sessions Trial No. 323 of 1984 - State of U.P. Vs. Subedar Premi and others, arising out of Case Crime No.38 of 1982, Police Station- Chauri Chaura, District- Gorakhpur, under Sections 363, 368, 366 I.P.C., whereby, the appellant has been convicted under sections 363, 368, 366 and sentenced to five years R.I., five years R.I. and 7 years R.I., respectively. All the sentences have been ordered to run consecutively.

(2.) Heard learned counsel for the appellant and Sri B.D. Nishad, learned AGA for the State and perused the record of this appeal.

(3.) Facts of this case, as discernible from the record, appear to be that informant- Vishwnath son of Khelawan resident of Varahi Police Station- Chauri- Chaura, district Gorakhpur, lodged a written report at police station- Chauri Chaura on 4.3.1982 at 3.00 P.M. regarding disappearance of his minor grand-daughters (two victim are daughters of Ram Chandra) by some unknown person on 2.3.1982 around 10.00 A.M. It was alleged, inter alia, that on 2.3.1982 at about 10.00 A.M. victim-girls Dhekari, and Muniya (both daughters of Ram Chandra) and Meera (daughter of Bhanumati widow of Ganesh) had gone to work in the sugar-cane field of Sardar Nagar Farm, lying in Ayodhya Chak, disappeared from there and did not return till the evening. On search being made, it transpired that some one has enticed them away. The informant is grand-father of the two kidnapped girls, namely, Dhekri and Muniya. It was requested that report be lodged and appropriate action be taken. This written report is Ext. Ka-2.