RAM BABU 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 31.10.2012 passed in Sessions Trial No.380 of 2012, State Vs. Ram Babu s/o Bhilla @ Ram Sewak, arising out of Case Crime No.59 of 2012 for offence under Sections 363, 302, 201 IPC, Police Station- Loni, District- Ghaziabad, whereby the accused-appellant- has been sentenced to undergo 7 years' R.I. coupled with fine Rs.1,000/- for offence under Section 363 IPC; rigorous imprisonment of life coupled with fine Rs.1,000/- for offence under Section 302 IPC; and 5 years R.I. coupled with fine Rs.500/-under Section 201 IPC, respectively, and in default of payment of aforesaid fine, he will have to undergo six months simple imprisonment, under Sections 363 and 302 IPC and three months simple imprisonment for offence under Section 201 IPC. All the sentences to run concurrently.

(2.) Relevant to mention that by the same trial in Case Crime No.153 of 2012, under Section 25/4 Arms Act was also tried as Sessions Trial No. 466 of 2012 wherein the appellant- Ram Babu- has been acquitted Crux of the events as discernible from record particularly from perusal of the first information report indicates that the informant- Natthu Ram S/o Barati Lal, R/o Ghawara, Police Station- Gaurihar, District- Chhatarpur (Madhya Pradesh) presently residing in Ambedkar Colony, Police Stanton- Loni, District- Ghaziabad lodged a missing report at Police Station- Loni on 13.1.2012 at 10.45 P.M. regarding disappearance of his daughter Kumari Reena (hereinafter referred to as 'victim') aged about 6 years with allegations that his daughter was playing outside his house around 1.00 P.M. on 11.01.2012, but she did not return home. He made hectic effort for her whereabouts, but he did not succeed. Physical particulars of the victim were described as fair complexioned; about 3 feet in height, wore full sleeve sweater and clothes brownish trousers with white strips and blue scarf with little hair and round face, besides she was wearing slippers Request was made for lodging the missing report, whereupon, on the basis of aforesaid contents a missing report was entered at Serial No.59 of the GD of date 13.01.2012 at 10.45 P.M. at Police Station Loni, District- Ghaziabad.

(3.) Thereafter, on 14.01.2012, informant was informed by several villagers that the dead body of the victim is lying in mustard field, whereupon, the informant along with others arrived on the spot and identified the dead body to be that of his daughter- the victim. Then, he lodged the written report against present appellant- Ram Babu- with allegations that Ram Babu s/o Bhilla, aged about 22 years, is a distant relative of the informant, he (Ram Babu) came to informant's house in the afternoon of 11.01.2012 around 1.00 P.M. and inquired about the victim from his son- Rinku. After some time the victim also came back to home, then Ram Babu took his daughter with him and went away to a nearby shop where he purchased biscuit and toffee and went away with his daughter somewhere else. Till evening of 11th January, 2012, the victim and the accused- Ram Babu did not return home and search was made for their whereabouts, then information was given at the police station. They (the victim and the accused) were untraceable even after hectic search. Today on 14.1.2012 at about 8 A.M. few persons coming from the field informed that the dead body of victim was lying in a mustard field, whereupon, he along with other persons of the colony arrived on the spot and saw the dead body of his daughter. He was confident that Ram Babu has killed his daughter and has thrown away the dead body in the mustard field. Request was made for taking action On the basis of contents of this written report, Exhibit Ka-1, a case was registered against Ram Babu on 14.1.2012 at Case Crime No.59 of 2012, under Sections 364, 302, 201 IPC at 10.05 hours at police station- Loni, district Ghaziabad Entry of contents of written report was noted in the concerned check F.I.R., which is Ex. Ka-15. Relevant entries were made in the concerned G.D. at rapat no.59 at 10.05 hours on 14.01.2012 and a case was registered against the accused. Copy of aforesaid G.D. is Ext. Ka.-16.