RAKESH KUMAR @ MAMA Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal under 374(2) of Cr.P.C. has been filed by convict appellant Rakesh Kumar @ Mama through Superintendent, District Jail, Kanpur Nagar, under section 383 Cr.P.C. against judgment of conviction and sentence made therein, dated 23.8.2017 passed by learned District & Sessions Judge, Kanpur Nagar, in S.T. No. 419 of 2011, State Vs. Rakesh Kumar @ Mama, arising out of Case Crime No. 474 of 2010, Police Station Panki, District Kanpur Nagar, whereby appellant Rakesh Kumar @ Mama has been convicted for offences punishable under sections 364, 302, 201 I.P.C. and sentenced to life imprisonment with fine of Rs. 30,000/- and in default three months' additional rigorous imprisonment under section 302 I.P.C., seven years rigorous imprisonment with fine of Rs. 10,000/- and in default two months' additional rigorous imprisonment u/s 364 I.P.C. and three years rigorous imprisonment with fine of Rs. 5000/- and in default one month's additional rigorous imprisonment under section 201 I.P.C., with direction for concurrent running of all sentences, with contention that learned Sessions Judge failed to appreciate facts and law placed before it. Convict appellant, because of his poverty and none to do pairvi for him, was held guilty and sentenced as above, inspite of his being innocent and falsely implicated in the offences. There were material contradictions in testimonies of witnesses, whereas impugned judgment of conviction and sentence was passed on the basis of conjectures and surmises. Evidence furnished in defence were not taken into account. Hence, this appeal for setting aside impugned judgment of conviction and sentence made therein.

(2.) Heard Sri Imranullah, learned Amicus Curiae, for the appellant and Sri Rishi Chaddha, learned AGA for the State. Perused impugned judgment as well record of Trial Court.

(3.) From the very perusal of record of Trial Court it is apparent that an information of missing (Ext. Ka1) was filed by Shyam Sunder, son of Indrapal, resident of House No. 181, Saraimita, Police Station Panki, district Kanpur Nagar, before In-charge, Police Station Panki, District Kanpur Nagar, on 24.11.2010 with this contention that informant's son Anuruddh, aged about 10-11 years, had gone on 23.11.2010 at about 2-2.5 P.M. for playing among children but did not come back nor was traceable after search, hence, this information of missing. Subsequently, on the same day i.e. 24.11.2010 a first information report (Ext. Ka2) was submitted at Police Station Panki, district Kanpur Nagar, by informant Shyam Sunder, son of Indra Bahadur, that his son Anuruddh, aged about 10 years, of whom missing report was lodged on the same day i.e. 24.11.2010, was found dead under bushes behind K.E.S.A. near highway having throat cut injury by sharp edged weapon. Dead body was lying on spot and this information for legal action was submitted.