- (1.) We have heard learned Counsel for the appellants and learned AGA. Crl. Appeal No. 500 of 2003 has been preferred by appellant, Netrapal against the judgement and order dated 20.1.2003 passed by the Spl. Judge (DAA), Etah, in Spl. Sessions Trial No. 63 of 2000, convicting and sentencing the appellant Netrapal to imprisonment for life under Section 364A and a fine of Rs. 5000/-, to 7 years' RI under Section 307 read with Section 34 IPC and a fine of Rs. 1000/-. Crl. Jail Appeal No. 5870 of 2003 has been preferred by the appellant Natthoo from jail against the same judgment of the trial judge awarding the same sentences under IPC as the appellant Netrapal. However, he has further been convicted and sentenced to one year's RI under Section 25 Arms Act and a fine of Rs. 500/-. The sentences awarded to both the appellants were to run concurrently. For not paying the fines, both the appellants in the two aforesaid appeals are to undergo one year's RI each.
(2.) Sri S.K. Pandey appeared for the appellant Netrapal. However, as the other appellant, Natthoo, was not represented by any counsel, we asked Sri Pandey whether he would like to represent the appellant, Natthoo, also. On his acceptance, we appointed Sri S.K. Pandey to represent Natthoo also as amicus curiae by our order dated 2.7.2007.
(3.) We have heard Sri S.K. Pandey in both the appeals arising from the aforesaid judgment and the learned AGA Sri Amarjeet Singh Sirohi for the State and have perused the judgment and the record. The prosecution case in brief as narrated in the FIR lodged by Gurudutta Misra, a resident of village Nagaria, was that on 11.2.2000 at about 4 pm his co-villagers Dinesh Misra, Rampal and Nem Chandra were working in their field. Another co-villager Ballister informed him that there were some armed miscreants in the field of Mukhtiyar. Thereupon, the informant summoned his co-villagers from their fields by means of gestures and told them what Ballister had disclosed to him. All of them then approached Mukhtiyar's field where they hid behind the bushes and raised an alarm. Thereupon, the miscreants started firing with their illicit arms on Gurudatta and others but they escaped because they were sheltered by the bushes. They then pursued the fleeing miscreants. The two miscrcreants run away firing with their illicit arms but one miscreant was apprehended at about 100 paces in mukhtiyar's field at about 6 pm. He was carrying a 12-bore country-made pistol, three live and one empty cartridges, and also a knife. The miscreant disclosed his name to be Natthoo, son of Dan Sahai, resident of village Milak, PS Narkhi, district Firozabad. He disclosed that the two persons who had escaped were Netrapal, son of Salik Kachchi, resident of the same village Milak and Ramlal, resident of village Dadarpur, P.S. Phariya, district Firozabad. He further disclosed that the three had abducted one person from village Jallukhera. In this abduction they were aided by some persons of village Bagpas, whose names he did not know; but who were known to Netrapal and Ramlal. The abductee was present in the field. After that Gurudatta and others took Natthoo to Mukhtiyar's field where they found the boy tied with a rope with his eyes blindfolded with a muffler. When they removed the muffler from his eyes end his ropes he gained some confidence, and disclosed to the informant and other that he was Chandrapal, son of Madan Singh Kushwaha, a resident of Jallukhera, PS Shakrauli, district Etah. About 7 days earlier, the sala (wife's brother) of his tau's (elder brother of father) son Netrapal, resident of Milak, had met him. He was accompanied by two others who had abducted him and brought him from his village and handed him over to his associates in Etah. Four days prior to the incident they had got a letter demanding a ransom of Rs. 3 lakhs written by the abductee Chandrapal, which Netrapal took along with him. The informant's party took the apprehended miscreants and the arms and cartridges, rope and knife and the abductee to the police station Sikandarpur, which was 7 kms away, the next morning and a report (Ext. Ka 1) was lodged at PS Sikandapurvaish on 12.2.2000 at 1.40 pm. The chik report and the necessary GD entries were made on the basis of the report. At that time SI Narendra Kumar was present at the police station, who started investigation of the case. After making copies of the chik and naqal rapats and the recovery memos, he recorded the statement under Section 161 Cr.P.C. of the abductee Chanrapal and also of the accused Natthoo. Chandrapal was sent for medical examination along with constable Rajendra Singh. He was medically examined on 13.2.2000 at 12.30 pm at PHC Patiali Etah, where the doctor noted the following injuries on his person: 1. Contusion (brownish black) over (right) back mid-scapular region size 3 cm x 2 cm. 2. Abraded contusion (scabbed) over (left) popliteal region size 2 cm x 1.5 cm. 3. Contusion (brownish black) over medial side of (right) foot 4 cm below ankle, size 2 cm x 2 cm. 4. Complaints of pain over whole body. In the opinion of the doctor, the injuries were 5 days old and were caused by a hard and blunt object and were simple in nature. SI Narendra Kumar copied out the report of the medical examination of the abductee Chaudrapal and also the supurdginana of the abducteee on 14.2.2000 in the case-diary. After that the investigation was transferred on 23.2.2000 to Sri Ram Kumar Singh, who was SO, PS Shakrauli as the abduction related to PS Chakrauli, which was the police station of the home village of Chandrapal from where he was abducted. He received the copies of the earlier investigation at PS Sikandarpurvaish. On 24.2.2000 on the pointing out of a Mukhbir, he arrested the accused Netrapal and recorded his 161 Cr.P.C statement. The same day, he recorded the further statement of the victim Chandrapal and also his evidence in defence. On 3.3.2000 on the pointing out of the victim Chandrapal, he prepared the site-plan (Ext. Ka 6) of the spot from where Chandrapal was abducted. On 18.3.2000 the investigation was transferred to Dushyant Kumar Singh SO, Shakrauli, who after persuing the papers of the earlier investigation, submitted the charge-sheet (Ex. Ka 2) against the appellants Natthoo and Netrapal. The third accused Ramlal, however, could not be traced. A charge under Section 364A IPC was framed against the appellants Netrapal and Natthoo on 26.9.2000 by the learned sessions judge. The accused pleaded not guilty to the charge and claimed trial. The prosecution has examined 3 witnesses of fact.;