Decided on May 08,2012



- (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 dated 30 th 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 signatures.;

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