KARAN AARAKH Vs. STATE OF U P

JUDGEMENT

(1.) All the aforesaid criminal appeals have been preferred against the judgment and order dated 14.12.2007 passed by the Additional Sessions Judge/F.T.C.-III Hardoi in S.T. No. 839 of 2005 (State Vs. Dinesh Yadav and others) connected with S.T. No. 370 of 2006 (State Vs. Shri Pal and another) arising out of case crime no. 429 of 2005 whereby all the appellants Karan Aarakh, Shiv Kumar, Vikram Singh alias Puttaney, Dinesh Yadav, Manoj Yadav, Shri Pal and Satpal have been convicted for the offence under section 364-A I.P.C. and sentenced to undergo for life imprisonment with fine of Rs. 10,000/- and in default further to undergo for a period six months imprisonment.

(2.) As all the above mentioned six criminal appeals have been preferred against the common judgment and order hence same are being decided together by a common judgement.

(3.) The prosecution story in brief is that complainant Ravindra Kumar Srivastava (P.W.1) lodged a First Information Report on 29.5.2005 with P.S. Kotwali City District Hardoi in respect of the incident allegedly occurred on 22.5.2005 at about 6.30 P.M. alleging therein that his younger brother Awadesh Kumar (P.W. 2) had gone to Kannauj by boarding in D.C.M. Vehicle. Thereafter his whereabouts could not be known, therefore, a missing report was lodged on 24.5.2005. A telephonic message came on 27.5.2005 from unknown person at the complainant's home that his brother is present with him and was told to meet the miscreants on the same day at 2.00 P.M. at the temple of Kakrahiya Devi along with another person. The complainant sent his younger brother Mahesh Chandra Srivastava (P.W.3) along with one Manoj Tripathi, who reached at 2.30 P.M. at the said place, where three persons met them. When the complainant's brother said to them that he would talk to them after relying that Awadesh Kumar is with them then, they took the Nokia Mobile of Mahesh Chandra Srivastava (complainant's brother) and said that through this mobile Awadesh will call to you, then come as told by them. On 29.5.2005, in the morning a phone call came at complainant's home and his brother only told his name on phone, thereafter phone was taken away by another person, who told to meet on 30.5.2008 at 2.00 P.M. at same temple and threaten that if he would not come his brother would be killed by them.