- (1.) AMAR Saran, J. We have heard learned Counsel for the appellants and learned AGA.
(2.) CRI. Appeal No. 500 of 2003 has been preferred by appellant, Netrapal, against the judgment 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 364-A and 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 sections 304-A and 307/34 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. 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 common 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 Gurudatta Misra, a resident of village Nagaria, was that on 11. 2. 2000 at about 4 p. m. his co-villagers Dinesh Misra, Rampal and Nem Chandra were working in their fields. 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 hide 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 miscreants, ran 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 and his ropes, he gained some confidence and disclosed to the informant and others that he was Chandrapal, son of Madan Singh Kushwaha, a resident of Jallukhera, P. S. 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 alongwith him.;