KALLU ALIAS GURDAYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) These two appeals have been preferred against impugned common judgment dated 30.08.2010 and order dated 31.08.2010 passed by Special Judge, (Dacoity Affected Area Act), Etawah in Special Case No. 22/2008, arising out of Case Crime No. 382/2007, under Sections 364-A and 368 of IPC, P.S. Bakewar, district Etawah, whereby accused-appellants Kallu alias Gurdayal and Pintu have been convicted under Section 364-A of Indian Penal Code (hereinafter referred to as 'IPC') and have been sentenced to imprisonment for life along with fine of Rs. 10,000/- each and in default of payment of fine, they have to undergo three months additional imprisonment. However, they were acquitted of the charge under Section 368 of IPC.

(2.) As per prosecution version, on 26.11.2007 at about 11:00 AM, while complainant's brother Arvind Kumar and his son Dilip Singh were watching Television, co-accused Shailendra Singh came and took Dilip Singh with him on the pretext that they would play cricket at Ekdil. When Dilip Singh did not return back till evening, uncle of Shailendra Singh, namely, Amar Singh told that Shailendra Singh has informed on phone that they were in some trouble and therefore, unable to come back. While making search for Dilip Singh, complainant Surendra Kumar received a call on his phone number 9410488335 from phone number 9758947328 and the caller told that son of the complainant was in his custody and he asked for ransom of Rs. 10 lacs for his release. The said caller arranged a talk of kidnapped child Dilip Singh with the complainant on phone and thereby complainant also came to know that one more boy, namely, Arun Kumar was also in their captivity. On 29.11.2007, complainant reported the matter to police by filing tehrir Ex. Ka-1 and on that basis, the case was registered under Section 364-A of IPC against unknown persons, vide FIR Ex. Ka-2 on 29.11.07 at 13:45 hours.

(3.) During investigation, on 24.12.2017 a police team comprising Investigating Officer (PW-6) Zameel Mohd. Rawat and other police officials conducted raid at a hut in the jungle of village Pariyar and Swarooppur. There some persons, having illegal weapons, were confronted by the police but they opened fire at the police party. However, all police officials escaped unhurt. In retaliation, police party has also fired at them. Four of the miscreants, namely, Ranjeet, Gurudayal alias Kallu, Mukut and Ajant Singh were apprehended by the police party at the spot, while seven of their companions succeeded in fleeing away. Hearing some cries, police went inside the hut and found that two boys, tied with strings, were lying there and one of them disclosed his identity as Dilip Singh (PW 2) while another told his name as Akash alias Puttu. Both boys were freed from there and were taken to police station. The alleged string was taken into possession and the illicit weapons recovered from the miscreants, who were apprehended from the spot, were also taken into possession vide recovery memo Ex. Ka-10. Later on, Dilip Singh was handed over to complainant Surendra Kumar.