Arvind Kumar Mishra, J. - (1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order dated 03.04.1986 passed by Special Judge (Anti Dacoity), Etawah in Special Case No.101 of 1984, (State Vs. Ram Naresh and another), police station- Auraiya, district Etawah, whereby the appellant- Ram Shanker s/o Kali Charan- has been convicted and sentenced to undergo 4 years R.I., under Section 365 IPC.
(2.) Appropriate to mention that during the course of appeal, appellant no.1 Ram Naresh expired, therefore, his appeal stood abated against him, vide order of this Court dated 13.10.2017.
(3.) Brief facts of the prosecution case, as discernible from record, is that a written report was handed over to the police by the informant- Sri Ram Pal s/o Chabinath Pal, r/o village- Daspur, police station- Auraiya, district Etawah in police station- Auraiya at 7.20 A.M. on 7.10.1981, wherein, it was alleged, inter alia, that informant's son- Shiv Kumar- was playing near his house. It was around 7 P.M., when Mahesh s/o Bachay Lal Nai, who was living in the village, took with him (Shiv Kumar) and proceeded towards the field, where they came across two miscreants, one of them caught- Shiv Kumar (informant's son) and the other caught- Mahesh; and after making some inquiry from them, Mahesh was let off; and Shiv Kumar was taken away by them. This information was conveyed to the informant by Mahesh. The informant searched for his son (Shiv Kumar) whole night, but could not trace whereabouts of his son. Informant was apprehensive that there is conspiracy of Mahesh in the kidnapping of his son- Shiv Kumar. He went to the police- station and lodged the missing report, Exhibit K-1 (18.4.1985).;