DESHRAJ Vs. STATE OF U P

JUDGEMENT

(1.) All these appeals arise out of the impugned judgement and order dated 30.06.2009 passed by the Additional Sessions Judge/Fast Track Court No. 1, Kannauj in Sessions Trial No. 33 of 1993, whereby the accused-appellants namely Deshraj, Kalyan, Jhabbu and Anand Kumar alias Chhote have been convicted u/s 364-A of Indian Penal Code and sentenced to Imprisonment for life along with a fine of Rs. 10,000/- each, and in default of payment of fine, they have been further sentenced to six months rigorous imprisonment, while all the accused-appellants have been acquitted of the offence under Section 368 of IPC. Accused Munnalal has been acquitted of all the charges levelled against him. All these appeals are being disposed of by this common judgement.

(2.) As per prosecution case, on 15.11.1987 at 10:00 AM, complainant's son Aadeep Kumar left his home for going to his sister's house at Thathiya by bicycle but in the way he went missing. The complainant Ratiram tried to search him and on 20.11.1987 he filed a missing report. Meanwhile, he received some letters asking for ransom. After some days one Ramphere Nai told the complainant that his son was seen with Anand Kumar alias Chhote and Ravendra Singh. Thereafter, the matter of ransom was settled with Ramakant, who was in jail and Munnalal Vakeel was the mediator in the process. On 13.01.1988, ransom amount of Rs. 50,300/- was paid to Munnalal Vakeel at Fatehgarh in presence of Adesh Kumar, Raj Kumar Singh Bhadaoriya and Ramvilas. On the intervening night of 15-16.01.1988, at around 1:00 AM, Kalyan and his brother Deshraj released the complainant's missing son Aadeep Kumar near Neeraj Cold Store. Aadeep Kumar reached at his sister's house at Jalalabad and later on returned back to his home. After coming back, complainant's son told that he was taken away by Anand Kumar alias Chhote and Ravendra Singh on the pretext of going to Bhikhnipurva Thathiya by stating that they were also going there but he was taken to Basanti Cold Store near Gursahai ganj. There, Ramakant and Jhabbu Yadav met and they covered his eyes and taken him to the house of one Kalyan Jatav at village Aampurva and confined there. Brother of Kalyan Jatav, namely Deshraj used to keep a watch on him and he used to tell his name as Shivnath Singh Chauhan. It was alleged that after coming from the captivity of the abductors, Aadeep Kumar was quite ill. For some days, the complainant remained busy in providing treatment to his son and thus, he could not lodge the report. It was also alleged that the talk regarding ransom was also made with one Ramakant at village Fardpura, district Mainpuri but he was not ready for ransom of less than Rs. 2 lakhs. The complainant submitted a written complaint exhibit Ka-12 and on the basis of which, the report was registered on 09.02.1988 at 17:15 hours.

(3.) Initial investigation of the case was conducted by S.I. Ganga Ram Dohare and thereafter, from 17.02.1988 the investigation was taken up by PW-8 R.S. Sisodiya. The statements of the witnesses including that of Aadeep Kumar were recorded. The site plan of the spot of recovery was prepared vide exhibit Ka-10. The complainant has also produced seven letters received by him after disappearance of his son and the same were also taken into possession on 17.02.1988 by seizure memo exhibit Ka-2. During investigation, the police have taken the victim to the house, where he was kept confined by the abductors, and he pointed out the room in which he was confined. After completion of investigation, the accused-appellants along with co-accused Munnalal were charge sheeted by charge sheet exhibit Ka-11.