RAMESH SINHA,J. - (1.) Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Shashi Bhushan and Sri M.P. Yadav, learned counsel for the appellants, Sri J.P.N. Singh, learned counsel for the complainant and Sri Jai Narain, learned A.G.A. for the State.
(2.) This Criminal Appeal has been preferred against the judgment and order dated 8.5.2015 passed by Additional Sessions Judge / Fast Track Court No. 1, Ballia in Sessions Trial No. 249 of 2000 ( State vs. Shashi Pravesh Rai and others ), whereby the accused-appellant- Shashi Pravesh Rai has been held guilty u/s 364 A I.P.C . arising out of Case Crime No. 33 of 2000, P.S. Nagra, District Ballia, and has been awarded life imprisonment and fine of Rs. 10,000/- and in default of payment of fine, one year rigorous imprisonment.
(3.) In brief, the prosecution's case is as follows. Himanshu Kumar aged about eight years, who is the son of Ramesh Bahadur Singh (first informant) had gone to St. Mary Model School on 03.04.2000 and did not return after the school closed. Thereafter the first informant went to his school, where he came to know that somebody had taken his son away at about 10:30 a.m. on the pretext that his mother was sick and thereafter despite hectic search, his son could not be found. The first informant gave a written report (Ext. Ka-1) on the same date at Police Station- Nagra, District- Ballia whereon Case Crime No. 33 of 2000, under Section 363 I.P.C. was registered against unknown persons on 03.04.2000 at 7:30 p.m. and its entry was also made in G.D. (Ext. Ka- 3 to Ext. Ka-5) at report no. 27 at 9:30 hours on 03.04.2000 at the concerned Police Station. The investigation of the case was assigned to Sub-Inspector, Sri Rameshwar Pandey (PW-5). During investigation, he inspected the place of occurrence and prepared the site plan (Exh. Ka-6) and recorded statement of first informant, Ramesh Bahadur Singh. Thereafter, he also recorded statements of school teacher, Sunita Singh (PW-3), Champa Devi (Manager of the school) and eye-witnesses, Mahesh Singh (PW-2) and Bawan Singh. Thereafter, it transpired that Himanshu Kumar, son of the first informant had been kidnapped by accused-appellants Shashi Pravesh Rai, Vipin Kumar and Dileep Kumar. Thereafter, he recorded statement of one Nilu Rai, who used to live in the house of first informant as a tenant and who was sister of accused-appellant, Shashi Pravesh Rai. During investigation, it also transpired that the accused-appellant, Shashi Pravesh Rai and other co-accused used to visit the house of first informant often and because of that they all knew the abductee, Himanshu Kumar. In the statement recorded of the first informant, he also informed the investigating agency that a demand of rupees three lacs as ransom was being made. After the arrest of accused-appellant, Shashi Pravesh Rai, his statement was recorded by Investigating Agency on 05.05.2000 in which he confessed to has committed the offence and on 07.05.2000, the accused-appellant, Vipin Kumar was arrested with a country made pistol and cartridges. The recovery memo (Ext. Ka-8) contained that one country made pistol of 0.315 bore and two live cartridges of 0.315 bore which were recovered from accused-appellant, Vipin Kumar, for retaining which he could not show the licence. When his statement was recorded by I.O., he admitted that he had kidnapped the son of first informant, Ramesh Bahadur Singh with the help of other co-accused, Dileep Kumar and Shashi Pravesh Rai. The Investigating Officer, Rameshwar Pandey (PW-5) could not recover the abductee- Himanshu Kumar, till he conducted the investigation and after him, the investigation was taken over by Sub-Inspector, Kasi Nath Singh, who arrested co-accused, Dileep Kumar and recorded his statement in which he revealed that when he was going from Kashi Railway Station to MugalsaRai Railway Station by a passenger train and as soon as the train reached a bridge, he had thrown the abductee - Himanshu Kumar out of the train into river Ganga and at that time there was no one else except the abductee and the accused persons. After concluding the evidence, he submitted charge-sheet (Ext. Ka-7) against all the above named accused-appellants under Section 364A I.P.C.;