Decided on August 07,2013

Sajjad; Afsar; Rajesh Appellant


- (1.) All these three criminal appeals have been preferred against the same judgment and order dated 31.8.2012, passed by the learned IInd Additional Sessions Judge, Haridwar in Sessions Trial No. 382/2001. Hence, these are being decided by this common judgment and order. By the impugned judgment, all the three accused persons, namely, Sajjad, Afsar and Rajesh have been held guilty of the offences under Section 364A, 365, 302/34 and 201/24 IPC, and each one of them has been accordingly sentenced.
(2.) Brief facts of the prosecution story are that a boy Jakir, S/o Khalil Ahmad, aged 18 years was allegedly kidnapped on 2.4.2001 by the accused persons. On that day Jakir, as usual, left his home in the morning to learn the welding work in the shop of one Shamim at Jwalapur. When he did not return, his father searched him here and there, but in vain. So, Khalil Ahmad lodged the missing report on 5.4.2001 in PS Jwalapur. After a couple of days, a phone call came on the landline telephone number "452863" of Furkan Ali (PW4) for his neighbour Khalil Ahmad (complainant and father of the victim), whereupon he was called to attend the same. On the telephone, somebody spoke that Jakir wasunder their detention and demanded rupees five lakhs as ransom for his safe return. The ransom call was repeatedly made on the said telephone and it was also threatened that Jakir would be killed in case police is informed in this regard.
(3.) On 29th April 2001, Taseen and Irfan, residents of the same village, informed Khalil Ahmad that on 2.4.2001 at about 2.30 PM, they had seen Jakir in front of the Jamna Talkies in the company of the accused appellants, who are the residents of another village Bahadarpur Jat. The father of the victim immediately took Chaudhary Mubark with him and went to the house of Sajjad, Afsar and Rajesh. However, they were found absent from their house. Thereafter, Mukesh S/o Babu Ram of the village Gado Wali met Khalil Ahmad on 30.4.2001 and disclosed that the accused appellants had made extra judicial confession before him regarding the kidnapping and killing of his son Jakir as the ransom was not paid to them. It was also disclosed that they threw the dead body of Jakir in the Gang Canal. So, Khalil Ahmad along with Talib, immediately left for the police station. While going to the police station for lodging the report, they noticed that all the three appellants were sitting together at about 9.30 PM near Sitapur intersection. No sooner did the accused appellants saw Khalil Ahmad coming, they started fleeing away. Sajjad and Rajesh successfully escaped, but the accused appellant Afsar was apprehended. Afsar started begging pardon. So, they went to the police station taking Afsar along and lodged the FIR Ex. Ka-1 on 30.4.2001 at 10.15 PM. Chick report is Ex. Ka-10. After investigation, police submitted the chargesheet Ex. Ka-7 against the accused appellants for the offences under Section 364A and 365 IPC. However, the learned Sessions Judge levelled the charges for the offences punishable under Section 364A, 365, 302/34 and 201/34 IPC. ;

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