GANESH SAHU Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) This reference was made under Section 366
of the Code of Criminal Procedure, 1973 by the
Additional Sessions Judge/IV FTC, Dehradun for
confirmation of the sentence of death awarded by
said court against the convict / appellant Ganesh Sahu
for the offences punishable under Sections 364-A IPC
and 302 of the Indian Penal Code, 1860. The convict
was also directed to pay a fine of Rs. 50,000/-, for each
of the above offences and in default of payment of
fine, he was directed to further undergo three years
rigorous imprisonment for each of the above offences.
Aforesaid convict/appellant Ganesh Sahu was also
convicted for the offence punishable under Section 201
IPC and was sentenced to rigorous imprisonment for
seven years. He was also directed to pay fine of Rs.
10,000/-, in default of payment of which, he was
required to further undergo one year s rigorous
imprisonment vide impugned judgement and order
July, 2011. Learned Additional Sessions
Judge/IV FTC, Dehradun passed aforesaid orders in
Sessions Trial No. 120 of 2008. Criminal Jail Appeal
was also filed by the convict Ganesh Sahu against the
said Judgement and Order.
(2.) Prosecution story in nutshell is that Ram
Ratan Shah, the father of kidnapped child moved a
complaint to Inspector incharge Kotwali on 28.05.2008
alleging that his son Nitesh Kumar aged about 12 years
was missing since 27.05.2008 from 3:00-4:00 pm.
When he did not reach his home, a frantic search was
made for him everywhere including the houses of
relatives, but to no avail. On 28.05.2008 victim s
father received a telephonic call from phone no. 0135-
2711125 on his mobile no. 9897036780 whereby a
ransom of Rs. 5 lacs were demanded. In the event of
failure to meet such a demand, it was threatened that
informant s son would be killed.
(3.) PW 1 Ram Ratan Shah was informant /
father of missing child aged about 12 years. He said
that on 27.05.2008 in between 3:30-4:00 pm his son
Nitesh disappeared from his shop. He made a frantic
search for his missing son but to no avail. Next day in
the morning, he gave a complaint to the Police. He
proved his complaint (Ext. Ka-1) which was scribbled
by some one on his dictation. He mentioned telephone
number of the sender of call whereby a ransom of Rs.
five lacs was demanded. The caller asked him to pay
Rs. five lacs or else, his son would be killed. When
he approached Police for filing complaint, he again
received a call from mobile no. 9758774686 on his
mobile no. 9897036780 that if the Police was
informed then his son would be killed. The caller
asked that the informant would be informed again
at 5:00 pm regarding the place where the money
was required to be sent. The Police prepared a sketch
(Ext. 1) showing the identity of accused Ganesh Sahu.
Ganesh Sahu worked with the informant as a domestic
help two years ago. When the informant settled his
accounts with the domestic help, he used to obtain his
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