RAJ BEER SINGH,J. - (1.) This criminal appeal has been preferred against the judgment dated 14.3.2006 and order dated 18.3.2006 passed by learned Additional Sessions Judge, Kanpur Nagar in Session Trial No. 1892 of 1996 ( State vs. Ram Shankar Gupta ) under Sections 302 , 364 201 , 397 , 411 and 506 of IPC, P.S. Nazeerabad, District Kanpuar Nagar, whereby accused-appellant Ram Shankar Gupta @ Sushil Srivastava @ Shabbir has been convicted under Sections 302 , 364 , 201 , 397 , 411 and 506 of IPC, P.S. Nazeerabad, District Kanpur Nagar and sentenced as under: Under Section 302 IPC Life imprisonment along with fine of Rs. 10,000, in default thereof six months additional imprisonment. Under Section 201 IPC Five years rigorous imprisonment along with fine of Rs. 3000, in default thereof two months additional imprisonment. Under Section 364 IPC Ten years rigorous imprisonment along with fine of Rs. 5000, in default thereof three months additional imprisonment. Under Section 397 IPC Seven years rigorous imprisonment along with fine of Rs. 5000, in default thereof three months additional imprisonment. Under Section 506 IPC One year rigorous imprisonment along with fine of Rs. 2000. In default of payment of fine two months additional imprisonment. All the sentences were directed to run concurrently.
(2.) According to prosecution version, complainant (PW-2) Rajani Verma was having some dispute with her husband and thus, she along with her 18 years old son Rahul (deceased) was residing separately. Accused-appellant Ram Shankar Gupta was working as tutor of her son and he used to visit her house for tuition. On 07.09.1996, after tuition, deceased Rahul has gone to drop accused-appellant by his Scooter No. UP 78 M 9640, but after that he did not return back. Complainant made search for her son, but in vain. On 08.09.1996, complainant informed police and on the basis of her application, a missing report was lodged,vide General Diary entry Exhibit Ka-19 at P.S. Nazeerabad, Kanpuar Nagar. As her son Rahul could not be traced, on 14.9.1996 complainant Rajani Verma submitted a written complaint Ex. Ka-1 to DIG Kanpur Nagar, inter alia, alleging that in the year 1993, her mentor Virendra Kumar was murdered and she has lodged a FIR regarding his murder. Murder of Virendra Kumar was committed in conspiracy of her brother-in-law S.K. Singh and one Gappu Bhadauriya, Guddu, Pooja and other persons were also involved in that case. She has alleged that her husband was exerting pressure on her to sell her house, but she has refused to do so. Her husband and brother-in-law have threatened for kidnapping and murder of her son. She has expressed suspicion that her son might have been kidnapped by her husband M.K. Singh and brother-in-law S.K. Singh. On the basis of written tahrir Ex. Ka-1, case was registered on 24.9.1996 at 10:50 AM, under section 364A , 506 of IPC against S.K. Singh vide FIR Ex. Ka-10.
(3.) Meanwhile, on 10.9.1996, dead body of an unknown person was recovered near river bridge within the jurisdiction of P.S. Bidhun. P.W.6 S.I. Bahaar Singh of police station Bidhun conducted inquest proceedings, but the dead body could not be identified. After inquest proceedings, dead body was sent for postmortem, which was conducted by PW-5 Dr. K.K. Srivastava. On the basis of postmortem report, a case was registered under Sections 302 , 201 of IPC against unknown persons, vide Crime 234 of 1996 at P.S. Bidhun and investigation of that case was taken up by PW-6 S.I. Bahaar Singh. For identification of dead body, photograph of dead body of deceased was published.;