JHALKU Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 31.03.2017 passed by Learned Additional Sessions Judge/Fast Track Court, Lakhimpur Kheri, in Sessions Trial No.489 of 2007, Crime No.32 of 2002, whereby the Special Judge has convicted the appellant-accused namely, Jhalku and sentenced him to undergo rigorous imprisonment for 10 years under section 364 I.P.C. and also to pay a fine of Rs.10,000/-. If he fails to deposit the fine, he will undergo additional imprisonment for six months.

(2.) Narrated concisely, prosecution case against the appellant is that in the month of May, 2001 the appellant-Jhalku took the husband of the complainant alongwith him for waching a movie in Lakhimpur but her husband did not return back. On third day Jhalku came back home and upon query about her husband, he did not answer anything. She searched her husband everywhere but could not find him. She is of the firm view that accused-appellant had kidnapped her husband with the intention of murdering him. The name of Nathu Singh and Ram Pal Godia as last seen witnesses finds place in the first information report.

(3.) The F.I.R. was lodged on the premise of written report by the complainant on 26.01.2002 at 10:45 hrs, registered at Crime No.32 of 2002 under Section 364 I.P.C.