Virendra Singh, J. - (1.) APPELLANT Natthu Yadav, has been convicted for offence under Sections 364 A I.P.C., with implanted sentence of life imprisonment and a fine of Rs. 5,000/- by Special Judge (DAA)/Additional Sessions Judge, Court No. 3, Banda vide his impugned judgment and order dated 24.5.2006 passed in Special Trial No. 163A of 1994, State v. Natthu Yadav with further direction that in default of payment of fine he shall undergo one year further imprisonment, which conviction and sentence has been challenged in this appeal by the appellant.
(2.) IN an abridged form, prosecution allegations against the appellant, as are contained in the written report Ext. Ka-1 are that on 1.6.1994, the First INformant was returning back to his house from Kishanpur market, sailing his big boat accompanied with Kallu Kevat, Sukkha Kevat, Shiv Baran Kevat, Ram Sajeevan Vishvakarma, Parshadi Tiwari, Bacchu Lal Kevat, Bhanu Pratap Shukla, R/o Jagau Tola and others. As soon as his boat reached in the middle of Yamuna river in front of Amethi Ghat, four miscreants came rowing their Surra (small boat) near the boat of informant. Two miscreants amongst them climbed in his boat. All the miscreants were armed with their fire Arms. They took away the Boat of the informant to Amethi Ghat where they got down all the passengers from the boat one by one thereby asking their names. At that time 5-6 miscreants more had also come there. After asking the name of Bhanu Pratap Shukla, aged about 20 years, they apprehended him and took away him with them at about 8 O'clock in the night, stating that his family members on making his search may take him back on the cost of Rs. Two lacs within eight days. One of the miscreant was armed with Rifle, two were having DBBL Gun and others were having SBBL Gun. After the occurrence, informant and others went to Jagau Tola village and informed about the occurrence to Ram Lakhan Shukla, the father of Bhanu Pratap Shukla. Due to fear they could not go to Police Station at that time and next day in the morning, they went to Police Station after making the search for Bhanu Pratap Shukla and requested the police for his search stating the fact that they could not found him. Informant Udai Bhan after getting the F.I.R. scribed by Raj Kumar Shukla lodged the F.I.R. of the aforesaid facts at Police Station Kamasin at a distance of 17 kms. where it was registered as crime No. 117 of 1994, under Section 364-A I.P.C., at 11.30 a.m. Head constable Himmat Ram prepared the Chik F.I.R. Ext. Ka-2 and the relevant G.D. Entry in Ext. Ka-3. Investigation of the crime was commenced by S.I. Gurmukh Singh PW-9, who first of all copied the Chik F.I.R. and the G.D. entry and thereafter inspected the spot of occurrence, prepared the site plan of the place of incident Ext. Ka-6, recorded 161 Cr.P.C. Statements of the informant, Ram Vilas, Kallu, Ram Sajeevan, interrogated Badri a co-accused and thereafter he was transferred. After his transfer, PW-10 S.I. Omveer Singh took the investigation in his hand. He tried to apprehend the accused persons came in the light during investigation by earlier investigating officer on the basis of interrogation by earlier investigating officer of co-accused Badri, who had confessed the involvement of accused appellant Natthu, co-accused Chander Bhawan Yadav, Phool Yadav and two other unknown miscreants in the occurrence of kidnapping of Bhanu Pratap. He also recorded the statement of witnesses Sukkha, Shiv Baran, Ram Sajivan, Bacchu and Prashadi as per provisions under Sections 161 Cr.P.C. On his transfer, PW-8 Yogendra Kumar Rai, the then Station Officer, entertained the investigation. He interrogated accused appellant Natthu, co- accused Chander Bhawan and Phool Yadav. After completing the investigation he submitted the charge-sheet against accused appellant Natthu Yadav, co-accused Badri, Phool Yadav and Chander Bhawan for the offence under Section 364-A I.P.C.
(3.) THE Magistrate concerned took cognizance of the offence and, after summoning the aforesaid four accused persons, committed their case to the Court of Sessions for trial, where it was registered as Special Trial No. 163 of 1994, State v. Natthu Yadav and others. Trial Judge after separating the case of accused appellant Natthu Yadav and one other co-accused Chander Bhawan registered the special trial at serial No. 163 A of 1994, framed the charge against them under Section 364-A I.P.C, which was denied by them claiming to be tried. Co-accused Chander Bhawan died during the course of trial and case against him stood abated. In order to substantiate the charge and bring home the guilt of the appellant, prosecution examined in all ten witnesses out of whom Udai Bhan informant PW- 1, Sukkha PW-2, Bhanu Pratap the victim PW-3, Shiv Baran PW-5 were the witnesses of facts. Raj Kumar Shukla the scribe of F.I.R., PW-4, H.C.P. Himmat Ram PW-6, Doctor Anand Kishor PW-7, Yogendra Kumar Rai S.O. PW-8, Gurmukh Singh S.I. PW-9, and Omveer Singh S.I. PW-10 were formal witnesses.;