SURENDRA VIKRAM SINGH RATHORE, J. - (1.) HEARD Sri Sumit Kumar Srivastava, learned counsel for the appellant and learned A.G.A. for the State and perused the record.
(2.) THE instant criminal appeal has been preferred by the appellant -Rajendra Singh @ Indar Singh challenging the judgment dated 22.01.2008 and order dated 23.01.2008 passed by learned Additional Sessions Judge, Court No.5, Sultanpur in Sessions Trial No.146 of 2007, arising out of Case Crime No.657 of 2006, Police Station Baldirai, District Sultanpur whereby appellant Rajendra Singh @ Indar Singh and one Devendra Singh were convicted for the offence under Section 364 -A read with Section 34 IPC and were sentenced to undergo for life imprisonment and also with fine of Rs.5000/ -, with default stipulation of one year's rigorous imprisonment.
(3.) ACCUSED Devendra Singh had filed a separate criminal appeal bearing No.241 of 2008 but because of his death, during pendency of this appeal, his appeal was abated vide order dated 01.05.2015. In this case there was one more accused namely Kuldeep Singh. Since he was juvenile, therefore, vide order dated 21.02.2007 his file was separated and was sent to concerned Juvenile Justice Board. In brief, the case of the prosecution was that the complainant Hardeo Singh lodged an FIR at Police Station Kurebhar on 02.12.2006 alleging therein that the appellant Rajendra Singh @ Indar Singh is a man of criminal background who was released from jail shortly before the instant incident. There was enmity of the complainant with the appellant and appellant used to threaten the complainant to make payment of Rs.1 lac, otherwise his son shall be kidnapped by him. On 02.12.2006 the appellant came on Indica Car bearing No.U.P. 32 BM -2439 alongwith one co -accused and he stayed in village upto 4.30 p.m. The victim Shubham Singh who happens to be son of the complainant aged about 12 years, was coming on foot from his school Mangla Prasad Inter College, (Langdi) Bisawa, while he was on the way to his home then the appellant alongwith co -accused persons with the intention to take ransom, kidnapped Shubham by lifting and putting him in the said car. When the complainant came to know about this incident then his relative Dinesh Singh his brother Rakesh Singh, Virendra Singh and Prem Sagar Tiwari chased the said Indica car on a Bollero Jeep No. UP.44 -A -4050. When this Bollero jeep reached near the Indica Car of the appellant then the appellant Rajendra Singh @ Indar Singh threw a hand grenade on the Bollero but it has not caused any damage. Thereafter, the said Indica Car, all of a sudden, stopped at Kudwar chauraha and the same was surrounded by several villagers. Victim was rescued and all the three accused persons who were in the said Indica Car were apprehended by the public on the spot. The appellant Rajendra Singh @ Indar Singh, according to the version of the FIR, was thoroughly beaten by the public. Thereafter the victim was sent to his home and the complainant alongwith three apprehended accused persons came to Police Station Kurebhar and lodged the FIR which was registered at Case Crime No.Nil as the incident started within the territorial jurisdiction of Police Station Baldirai. Subsequently the investigation was transferred to the police station Baldirai.;