Imtiyaz Murtaza, J. - (1.) -This appeal is directed against the judgment and order dated 8.6.2005 passed by Additional Sessions Judge, Court No. 1, Ghaziabad whereby the appellant is convicted under Section 364, I.P.C. and sentenced to undergo R.I. for 10 years and a fine of Rs. 5,000. In default of payment of fine further S.I. for 6 months. The appellant is further convicted under Section 302, I.P.C. and sentenced to undergo life imprisonment and a fine of Rs. 10,000 and in default of payment of fine further S.I. to one year. The appellant is further convicted under Section 201, I.P.C. and sentenced to undergo R.I. for 5 years and a fine of Rs. 2,000 and in default of payment of fine further S.I. of 3 months.
(2.) BRIEF facts of the case as mentioned in the first information report lodged by Abdul Ali at P.S. Garhmuketshwar, Ghaziabad are that on 3.2.2003 his servant Pintu took away his grandson Jaid at about 4.30 p.m. on cycle on the pretext of showing him helicopter and thereafter he did not return. He had announced in the neighboring area and also searched with the help of his friends and acquaintance but he could not be found out. At about 5.30 p.m. on 4.2.2003 his brother Mustaq and Meharban told him that he had seen Pintu taking Jaid alongwith him on cycle towards field. They had seen him on 3.2.2003 at about 5.00-5.15 p.m. and he is confirmed that his grandson is abducted by Pintu for committing his murder. At the time of going from the house Jaid was wearing blue Paint and green striped shirt and jacket. He was also wearing shocks and white plastic shoes. The report was registered at P.S. Garhmukteshwar at 6.45 p.m. The distance of the police station was 2 Kms. The report was registered by Head Constable Yashpal Singh Tomar at 6.45 p.m. which is Ext. Ka-1. He had prepared the Chik No. 32 of 2003 which is Ext. Ka-4. He had also prepared the G.D. entry No. 46. Copy of G.D. entry is Ext. Ka-6. After the registration of the case, R. S. Pandey, IInd Officer, P.S. Garhmukteshwar had commenced the investigation. He recorded the statement of scribe Yashpal Singh and informant Haji Abdul Ali. He arrested the accused Pintu at about 9.00 p.m. on the same day. He was brought to the police station and he confessed his crime and expressed his willingness to get recovered the dead body. He alongwith other police constables, accused Pintu and 2 witnesses Javed Salim and Shakeel had gone and on the pointing out of Pintu, the dead body of Jaid was recovered from the sugar cane field of Ramesh. The dead body was identified by informant and other witnesses and recovery memo Ext. Ka-2 was prepared. He had prepared the site plan which is Ext. Ka-9. The inquest on the dead body was prepared by S.I. Harishchandra Pandey which is Ext. Ka-3. He had also prepared the letter to C.M.O., Challan Lash, Photo Lash and the dead body was sealed. Sample seal was prepared. The dead body was handed over to Constables Sushil and Ajeet for carrying it to mortuary. Relevant papers for the post-mortem examination are Exts. Ka-10 to Ka-13. On 5.2.2003, he had recorded the statements of Saleem, Javed, Shakeel Ahmad, Panchan, Matloob Ali, Shamshad, Arkan Ali and Liyaqat Ali. After the recovery of dead body the case was converted into under Sections 302 and 201, I.P.C. Thereafter the case was investigated by Inspector Rishipal Singh. On 20.2.2003, he recorded the statements of Mushtaq and Meharban. On 28.2.2003, he recorded the statements of witnesses Farooq, Yameen alias Pappu, Matloob, Smt. Khairunnisha, Abdul Rauf, Sharafat, Ravi Kumar Sharma, Chetan Swaroop and Sanjay Chawla. He had submitted the charge-sheet, Ext. Ka-15, against the appellant.
(3.) AFTER the submission of charge-sheet, the case was committed to the Court of Sessions and in usual manner the Sessions Judge had framed charges under Sections 364, 302 and 201, I.P.C. In order to support its case the prosecution had examined 12 witnesses.;