RAMA KANT 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 01.12.2011 passed by the Additional Sessions Judge/Special Judge (DDA) Etawah, in Special Session Trial No.115 of 2008 State of U.P. Vs. Rama Kant, arising out of Case Crime No.157 of 2001, under Section 364A IPC, Police Station- Ekdil, District- Etawah, whereby the appellant has been sentenced to life imprisonment coupled with fine Rs.10,000/-, in default of payment of fine, additional one year rigorous imprisonment.

(2.) Heard Sri Pradeep Kumar, learned amicus curiae for the appellant, Sri Chandra Jeet Yadav, learned AGA for the State and perused the record of this appeal.

(3.) Facts germane for adjudication of this appeal as discernible from record appear to be that the informant Sanjeev Kumar lodged the written report at Police Station Ekdil, District Etawah, on 24.06.2001 at 10:30 a.m. at Case Crime No.157 of 2001 under Section 364 IPC for abduction of his brother Arun Kumar @ Jeetu by the appellant Rama Kant with the allegation that the informant's brother Arun Kumar @ Jeetu son of Ram Sharan, resident of Village Maniyamau, Police Station Ekdil, District Etawah was taken away by the appellant Rama Kant, resident of Village Ajhara, on 12.06.2001 around 11:00 a.m. from his home for securing his recruitment in the Indian Army at Agra in the presence of Subhash Tiwari son of Kishan Singh and Brijesh Shukla son of Shyam Kishore of his village along with co-villagers. The maternal grand parents of the appellant Rama Kant and the informant belonged to the same village due to which the informant was acquainted with Rama Kant. The informant kept on waiting for Arun Kumar @ Jeetu (victim) till now but he was not traceable and an apprehension was expressed that the accused-appellant Rama Kant has caused disappearance of his brother (the victim) and has killed him. The written report is Ext. Ka-1.