PREETAM SINGH Vs. STATE

JUDGEMENT

(1.) This jail appeal has been filed by accused-appellant, Preetam Singh through Senior Superintendent of Jail, Lalitpur against judgment and order dated 23.01.1998 passed by Sri Jai Singh, Additional Sessions Judge/Special Judge E.C. Act, Lalitpur in Session Trial No. 99 of 1997, (State v. Preetam Singh), arising out of Case Crime No. 19 of 1997, Police Station Saujna, under Sections 302 and 201 IPC. By impugned judgment, accused-appellant has been convicted and sentenced under Section 302 IPC for life imprisonment and under Section 201 IPC for one year rigorous imprisonment. Both the sentences shall run concurrently.

(2.) Prosecution story, in brief, is that on 10.05.1997, PW-3 Kalyan Singh submitted a written report Ex.Ka-1 in the Police Station Saujana, District Lalitpur stating that accused Preetam Singh was working in his house for Rs.300/- per month and payment was to be made after completion of one year. Accused, left his house after working two months only. Accused came back and told him to settle the amount whereupon he answered that when it was decided that payment would be made after completion of one year, why he was demanding in between. Thereupon accused-appellant pressurized him before PW-1 Swaroop and one Dhuman Singh (not examined) to pay at once and extended threat that in the event of nonpayment, he would take life of one of his sons. Information took it lightly. On 08.05.1997 at about 10:00 AM accused took his son (victim) aged about eleven years to Mahrauni, at the pretext of wearing shoes. Witness Janki Prasad and Bhagirath resident of same village saw victim Nanhey Raja in the company of accused-appellant, taking by the bus. When victim did not come back, Information asked Preetam Singh about the boy and traced out his son but accused-appellant did not give satisfactory response. It was suspected that accused-appellant abducted victim with intention to kill. Accused was taken to Police Station by informant with the help of Swaroop Singh, Amrit Singh and Kalyan Singh.

(3.) On the basis of Written Tehrir Ex Ka-1, chick FIR, Ex.Ka-5 was registered in Police Station concerned by Constable Clerk Nanhey Lal PW-6 as Case Crime No. 19 of 1997, under Section 364 IPC against accused-appellant, entry of case was made in General Diary, copy whereof is Ex. Ka-6.