NAND RAM Vs. STATE

JUDGEMENT

(1.) Appellant Nandram son of Gurudayal Kumhar, resident of village Jafarpura, Police Station Usrahar, District - Etawah has been convicted of an offence under sections 364, 302 readwith section 201 IPC by the court of Additional Sessions Judge, Court No.1, Etawah in Sessions Trial No.530 of 2000, vide judgment dated 31.01.2007. The trial arose out of Case Crime No.173 of 1999, Police Station Usrahar, District Etawah wherein appellant was not named. Sentence of life imprisonment has been imposed for offences under sections 364 and 302 IPC, while rigorous imprisonment of 7 years together with fine of Rs.5000 is imposed under section 201 IPC, and in its default the appellant is to undergo one year further rigorous imprisonment. While convicting and awarding sentence to the appellant, other accused persons named in the First Information Report, namely Ram Kishan son of Kamta Prasad Yadav; Jor Singh son of Kamta Prasad Yadav; Balram son of Ram Singh Yadav; Brijesh Kumar son of Maharaj Singh and Sanjeev @ Pandey son of Vishram Singh Yadav have been acquitted.

(2.) Accused appellant Nandram is the real brother of informant Ram Prakash, whose minor son Satya Ram, aged about 11 years, was kidnapped and murdered.

(3.) At about 2.00 PM on 11.08.1999, the deceased went missing from the grove/field of Mustaq. A missing report no.19 was lodged by Ram Prakash on 25.08.1999, at Police Station Usrahar at 11.30 AM against unknown persons. A First Information Report was later lodged on the complaint of Ram Prakash on 16.10.1999, at 9.10 AM, under sections 364/120-B/504/506 IPC as Case Crime No.173 of 1999, against Brijesh, Ram Kishan, Balram, Sanjeev @ Pandey and Jor Singh. Informant apparently is an illiterate person and the complaint was written by one Pankaj Kumar. As per the FIR version son of complainant, namely Satya Ram, aged about 11 years, went missing from the grove of Mustaq at 2.00 PM on 11.08.1999 in respect of which a missing report was lodged on 25.08.1999. On 15.09.1999 at about 5.00 PM, Nandram (appellant) and Ram Prakash son of Chet Ram Yadav, Gorelal, Vrindavan resident of village Jafarpura allegedly saw the kidnapped child Satya Ram in the millet field of Jagdish, son of Hariram Jatav held by accused persons namely Brijesh; Ram Kishan; Balram; Sanjeev residents of Patiyapura, Police Station Bharthana. The accused persons were stated to be armed and had tide the face of Satya Ram and upon seeing complainant's brother Nandram (appellant), Ram Prakash, Gorelal and Vrindavan coming towards them they fled towards the forest with the kidnapped boy. Attempt to rescue the child failed with accused persons fleeing while hurling abuses and threatening them with country made firearm. Upon return to the village accused Jor Singh who is brother of accused Ram Kishan assured that the kidnapped child would be released soon and the complainant was threatened not to lodge a police report, but the kidnapped child has not returned. It was thus complained that accused persons have kidnapped Satya Ram with an intent to kill him and Jor Singh is also a party to it.