- (1.) HEARD Sri Kunwar Mirdul Rakesh, Senior Advocate, assisted by Sri Sunil Kumar Singh, learned counsel for the appellant, learned A.G.A. for the State of U.P.
(2.) THE appellant Amrit Lal preferred a criminal appeal no. 1581 of 2013 and the appellant Ram Dev has preferred criminal appeal no. 1486 of 2013 against the judgement and order dated 27.9.2013 passed by the learned Additional Sessions Judge, Court No. 15 Lucknow in S.T. No. 1020 of 2003 whereby the appellant Ram Dev has been convicted for the offence punishable under sections 363,368,366 I.P.C. the appellant Ram Dev has been sentenced three years R.I. and with a fine of Rs. 2000/ - under section 363 I.P.C., 7 years R.I. with fine of Rs. 4,000/ - under section 302 I.P.C. The appellant Amrit Lal has been sentenced to undergo 7 years R.I. with a fine of Rs. 4,000/ - under sections 368,366 I.P.C. both the bail applications are being disposed of by a common order.
(3.) FROM the perusal of the record and the impugned judgement it reveals that the co -accused Amrit Lal, Sant Ram, Asha Ram, Chhanga Lal Yadav, Nanku, Siya Ram and Smt. Vimla Devi have been acquitted for the offence punishable under sections 363,366,368,302,120 -B I.P.C. The FIR of this case has been lodged by Smt. Zahida on 19.1.2003 at 4.15 a.m. in respect of the incident allegedly occurred during the period 14.12.2002 to 17.12.2002 alleging therein that the deceased Km. Rubina aged about 16 years was missing from 4 O'clock dated 14.12.2002, during search, it was informed by the people that she was seen in the company of the appellant Ram Dev Yadav, when they were going in the land, its information was given by her to the Officer -In -Charge of the police station Lucknow for recovery of the kidnapped girl, she herself made efforts to find out her whereabouts, on 12.1.2003 when the first informant was present at her house along with her two minor daughters, all of sudden, Kalbe Husain and Kalbe Sibtain, sons of Dr. Kalbe Sadik alongwith two other unknown miscreants came to her house, they entered into the house and closed the door from inside, they misbehaved with the first informant, and she was beaten by kicks and fists blows, consequently, blood was profused from her mouth and threat of life was extended to her that in case, she made efforts to search out the kidnapped girl, her both minor girls shall be kidnapped, thereafter, its information was given by her to the police of P.S. Chowk on which the police came there but no action was taken and no whereabouts of her kidnapped daughter was known. The dead body was found near Utratiya Mohan Lalganj Railway Station near the dead body paper on which the name of the deceased Km. Rubina was written, was also found and her dead body was taken to the Medical College, on this information the first informant went to the medical college, and identified her dead body. The papers found near the dead body was not in the handwriting of the deceased because she used to write Urdu only. The clothes of the deceased were also identified by the first informant. In support of the prosecution version 10 witnesses have been examined. During investigation, the Motor Cycle was recovered, the marriage certificate was also obtained by the I.O. the sample of signature of the appellant Ram Dev was obtained, the copy of the order registering the marriage and the copy of the notice and other relevant papers were also obtained and the report of the Public Analyst has also been obtained by the I.O. during investigation.;