- (1.) Learned counsel for the appellants, learned A.G.A. for the State were heard. We have perused the material available on record.
(2.) Instant criminal appeal has been preferred by the appellants-Sonkali and Jaiveer challenging the judgment and order dated 19.05.2010 passed by Additional Sessions Judge, F.T.C. Court No.1 Kannauj in Sessions Trial No.38 of 1993, arising out of Case Crime No.296 of 1992, under Sections 147, 364-A read with Section 149 IPC and 368 read with section 149 IPC, and Smt. Sonkali was convicted for the offence under Sections 147 IPC, 368 read with Section 149 IPC, Police Station Saurikh, District Kannauj, and appellant no.2 Jaiveer was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs.5000/- with default stipulation of two months' additional rigorous imprisonment for the offence under Section 147 IPC, for the offence under Section 364-A read with Section 149 IPC he was sentenced with imprisonment for life and also with fine of Rs.20,000/- with default stipulation of two years' additional rigorous imprisonment, he was further convicted for the offence under under Section 368 read with Section 149 IPC and was sentenced with imprisonment for life and also with fine of Rs.20,000/- with default stipulation of two years' additional rigorous imprisonment. Appellant no.1 Smt. Sonkali was sentenced with rigorous imprisonment for a period of one year for the offence under Section 147 IPC and also with fine of Rs.2000/- with default stipulation of two months' additional rigorous imprisonment. She was sentenced with imprisonment for life for the offence under Section 368 read with Section 149 IPC and also with fine of Rs.10,000/- with default stipulation of one year additional rigorous imprisonment. All the sentences were directed to run concurrently.
(3.) In brief, the case of the prosecution is that a secret information was received on 11.11.1992 by SHO Ramesh Chandra Singh that in Gram Meera Nagla H/O Sikabpur, Nigoh, Police Station Chhibrabmau in the house of appellants Jaiveer singh s/o Bhikhari and Gajadhar s/o Jhhabbu Jatav two abductees have been confined by them. Relying on this secret information SHO Ramesh Chandra Singh, alongwith other members of the police party, went to the said place after making entry of the movements of the police party in the G.D. In the village they came to know that Jaiveer Singh is a hardened criminal and no one is ready to become a witness against him. So the police force surrounded the house of Gajadhar and Jaiveer and the moment they reached near the house then Jaiveer, Gajadhar, Balak Ram, Ram Sahai, Nand Kishore alias Karua, Devi Dayal and Sarvesh were seen on the door of the house of appellant Jaiveer. Seeing the arrival of the police party all of them ran away in the east direction. However, they were chased by some police personnel but they succeeded in making good their escape. With the help of remaining police force the said houses were raided by the police. Appellant Smt. Sonkali, who happens to be the wife of Gajadhar, was sitting in front of her house, she was asked to get her house searched. On the search it was found that the inner room of the house was locked and the key of the lock was with Sonkali then lock was opened by Sonkali then two abductees whose hands were tied on their back and their eyes were plucked with cotton and dough. The police party made them free and on inquiry one of them disclosed his name as Rajesh Kumar Singh s/o Vishram Singh r/o Meera Nagla Tiraha, Police Station Rasoolabad, District Kanpur Dehat and the other person disclosed his name as Sarvesh s/o Ram Autar Shukla, r/o Jot Police Station Rasoolabad, District Kanpur Nagar. These abductees further disclosed that on 02.11.1992 Rajesh Kumar Singh alongwith his friend Sarvesh was going to his in-laws house in village Shahpur, Police Station Saurikh. From Rasoolabad they started at 3.00 p.m. and came to Saurikh from Saurikh at about 5.00 p.m. after purchasing sweets they went by bus upto village Sardapur where they got down from the bus and from there they went towards Shahpur. After covering distance of about one and half kilometer from village Sardapur, by that time it at 6.15 p.m. from Arhar field by the side of chak road 6-7 miscreants armed with gun and knife came out and abducted them and these miscreants did not permit them to raise any alarm. Their eyes were closed and hands were tied and their belongings were looted by these miscreants and they were brought and closed in a room. They were told that when their family members shall make payment of Rs.1 lack in ransom only then they shall be released. Next day, they were asked to write letters for ransom and their family members were diercted to come with ransom amount on 10.11.1992 near Naviganj Khandanja. While the family members of Sarvesh, the co-abductee , were called on 11.11.1992 at 5.00 p.m. near Kali Nadi bridge. The cotton with which their eyes were plucked were removed and sometimes their eyes were also opened. Miscreants used to talk with each other in case payment is not made then they shall kill these persons. These abductee recognized Jaiveer, Gajadhar, Balak Ram, Devi Dayal, Nand Kishore and Sarvesh they also disclosed that wife of Gajadhar used to provide them food and two persons used to keep watch on them. Smt. Sonkali who was arrested on the spot was taken into custody and its memo was prepared and on the basis of this memo case was registered at Case Crime No. NIL at Police Station Chhibramau. Since the incident related to Police Station Saurikh, therefore, it was subsequently transferred to Police Station Saurikh and investigation proceeded.;