PAPPU RAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order dated 24.9.2002 by the Additional Judge, Kannauj in S.T. No.432 of 2001 convicting appellant for life under Section 302 IPC; under section 364 IPC to 10 years R.I; with fine of Rs.5,000/- and a default sentence of 2 years and under section 201 IPC to 2 years R.I. All sentences were to run concurrently.

(2.) The case of prosecution is that the sons of sister-in-law of the informant i.e, Ishaq @ Kadar Khan and Irshad were on visiting terms, former wanted to marry the daughter of informant (P.W-1) but he was not interested in the match. P.W-1 had fixed the marriage of his daughter at Mainpuri, barat was to arrive on 9.6.2000. On 31.5.2000 at around 9 A.M accused Ishaq @ Kadar Khan sent the son of P.W-1 i.e. Asgar Ali @ Lalla (victim) alongwith his brother Irshad and others by making him board a bus for Miyaganj on the pretext of a marriage related errand. The victim did not return till night, frantic searches were made in and around the area including the neighbourhood and the relatives alongwith the accused Ishaq @ Kadar Khan. P.W-1 received letters of threat and ransom including several phone calls. P.W-1, matched the writing on the letter which matched with the handwriting of the accused Ishaq @ Kadar Khan on 8.7.2000. P.W-1 along with others grilled the accused Ishaq @ Kadar Khan who confessed that he had sent the victim along with co-accused Papu Raj and Munna Khan, subsequently what happened to the victim could be disclosed only after 4 P.M. Since then accused person are not traceable, who not only abducted the victim but appears to have murdered him.

(3.) On above allegations, a report (Ex Ka-1) came to be scribed on 8.7.2000 which became a basis for lodging of an F.I.R (Ex Ka-13) under sections 302,364,201 IPC on same date at 12.30 PM against appellant-Pappu Raj, Ishaq @ Kadar Khan, Irshad and Munna Khan. During investigation accused Pappu Raj came to be arrested, at his pointing out at the outskirts of the city bone-pieces, clothes, bricks were recovered on 24.7.2000 at 11.40 AM in presence of P.W-2 (brother of P.W-1) and 2 named constables which the said accused alleged to be belonging to the victim who was eliminated by him along with 3 others named co-accused memo (Ex Ka-2). The police also recovered 4 ransom letters alleged to have been thrown in the house of informant, memo (Ex Ka-4).