- (1.) The appellants have been convicted and sentenced for the offences under Sections 364-A, 302, 201 IPC in Session Trial No. 682 of 2009 arising out of Case Crime No. 451 of 2009 for having kidnapped and murdered Ram Kumar son of Dal Chand aged about 24 years for ransom on 2nd July, 2009. Both the appellants have been awarded life imprisonment coupled with Rs.5,000/- fine, and in default thereof to undergo six months further imprisonment. The same sentence has been awarded for the offence under Section 364-A and an additional three years rigorous imprisonment with a fine of Rs.5,000/- has been awarded for the offence under Section 201 IPC and in default thereof to undergo six months further imprisonment.
(2.) The facts of the case have been discussed in detail by the trial court in the impugned judgment but the broad facts necessary for deciding this appeal are set out hereinunder.
(3.) A missing report was lodged by PW-2 Hemraj, who is the brother of the deceased, at Police Station Kasna, Greater Noida, District-Gautam Budh Nagar, stating therein that his brother Ram Kumar went away from home in village Mursadpur on the 2nd of July, 2009 at about 4:00 pm in the evening towards Kasna but he has not returned as yet. The informant had searched him and after having failed to know about his whereabouts he lodged the missing report giving the description of his body and his outfits with a request to take appropriate action. This missing report was lodged on 4th July, 2009 at about 9:10 am in the morning. The missing report is Exhibit Ka-4.;