GAJENDRA SINGH Vs. STATE

JUDGEMENT

(1.) Heard Dr. Abida Syed, learned Amicus Curiae for the appellant as well as Mr. Nagendra Bahadur Singh, learned Additional Government Advocate for the State.

(2.) The present appeal has been filed against the judgment and order dated 20. 01. 2004 passed by the Additional Sessions Judge, Fast Track Court, Bareilly, in Session Trial No. 994 of 2002, whereby the appellant was convicted for commission of offence punishable under Section 302 I. P. C. and sentenced to imprisonment for life with fine of Rs. 5,000/- in default to undergo six months additional rigorous imprisonment, under Section 364 I. P. C. and sentenced to rigorous imprisonment for ten years with fine of Rs. 3000/- in default to undergo simple imprisonment for three months and under Section 201 and sentenced to one year rigorous imprisonment with fine of Rs. 1000/- in default to undergo simple imprisonment for one month. All sentences were directed to run concurrently.

(3.) The facts of the case, as set up by the prosecution, are that the complainant (Jitender Kumar) son of Mohan Prasad, resident of Ram Nagar, Colony Road No. 1, Izzat Nagar, lodged a First Information Report at Police Station Cant, District, Bareilly, against two unknown persons. In his first statement, he stated that his two children namely Nikhil aged about Eight years and Golu aged about Four years had gone to study in Sailja Bal Vidyalaya, behind DRM Office, Izzat Nager. While he went to school to carry them, the school had been closed and his younger child Golu met him at the place out of school, when he had asked about Nikhil, he told that just he was here, then the complainant searched him here and there, but could not trace out him. He further stated that at about 1:45 P. M. Shri Gajendra Singh, (husband of his wife's sister), who was living in his house, had rung up him and told that he had seen the two persons who had been carrying Nikhil (deceased) through motor cycle from Cant Sadar to Dhiriya, the boy was crying, he chased them, but failed to catch hold them. Then, the applicant went to Dhiriya to search his boy and also got announced from Maszid about his missing, then he came to know that the dead body of one child is lying in the Kamalpur forest area. He along with other people of village rushed to the forest and saw that the dead body was of his son Nikhil. He stated that his son was kidnapped from Sailja Bal Vidyalaya, Izzat Nagar and murdered, thereafter his dead body was thrown in Kamalpur forest area.