GOVIND MATHUR,JJ. - (1.) Learned Additional Sessions Judge, Fast Track, Court No. 3, Aligarh by the judgment impugned dated 03.04.2010 recorded conviction of the accused-appellant for commission of an offence punishable under Section 364-A Indian Penal Code and awarded sentence to undergo life term imprisonment with a fine of Rs. 10,000/- and further to undergo six months simple imprisonment in the event of default in payment of fine.
(2.) The factual matrix of the case is that on 30.01.2003, a first information report was lodged at Police Station Chharra, Aligarh at the instance of one Sri Rampal Singh S/o Bheem Sain with assertion that on 29.01.2003 at around 11:00 P.M., certain miscreants abducted two persons, namely, Nem Singh S/o Hubb Lal and Anokhe Lal S/o Bheem Sain from Village Roomamai, accordingly, a case for investigation of an offence under Section 364 Indian Penal Code was registered against unknown persons. On 11.02.2003, on having some information, a police team proceeded for search and on the way encountered a jeep wherein abducted persons too were present. The hands and legs of the victims were fastened with chain. After having exchange of gunshots between the accused and the police team, both the victims were escaped from the captivity of accused persons. The accused were apprehended thereafter.
(3.) After completing the investigation, a police report as per Section 173 Code of Criminal Procedure, 1973 was filed before the competent Court against five persons including the present appellant. The matter, being sessions triable, was committed to the Court of Sessions. Learned Sessions Judge, Aligarh transferred the matter for its adjudication to learned Additional Sessions Judge, Fast Track, Court No. 3, Aligarh. Learned Additional Sessions Judge vide order dated 17.03.2008 framed two charges against the accused-appellant for commission of offence under Sections 364-A and 120-B Indian Penal Code. On denial of the charges, trial commenced as desired by the accused.;