BALA KRISHNA NARAYANA,RAJIV GUPTA,J. - (1.) Heard Sri G.S. Chaturvedi, learned Senior Advocate, assisted by Sri Ronak Chaturvedi, learned counsel for the appellants and Sri Shiv Kumar Pal, learned Government Advocate assisted by Sri J.K. Upadhyay, learned A.G.A. for the State.
(2.) Death reference case no. 06 of 2017 and Criminal Appeal No. 1943 of 2017 arise out of the judgment and order dated 24.03.2017 and 28.03.2017 passed by learned Additional Sessions Judge/Fast Track Court No.1, Muzaffar Nagar in S.T. No. 184 of 2011 (State v. Monu alias Chandra Prakash and another) arising out of Case Crime No. 322 of 2010 and S.T. No. 185 of 2011 (State v. Neetu) arising out of Case Crime No. 358 of 2010 whereby the appellant no. 1, Monu alias Chandra Prakash and appellant no. 2, Neetu have been convicted and sentenced to be hanged by neck till death together with fine of Rs. 1,000/- each and in default of payment of fine, 1 year additional imprisonment u/s 364-A I.P.C. and u/s 302 r/w 34 I.P.C., 7 years rigorous imprisonment and a fine of Rs. 1,000/- each and in default of payment of fine, 1 year additional rigorous imprisonment u/s 201 I.P.C. and 2 years rigorous imprisonment and a fine of Rs. 500/- each and in default of payment of fine, 5 months additional simple imprisonment u/s 403 I.P.C. The appellant no. 2, Neetu was further convicted u/s 25 Arms Act and sentenced to 2 years simple imprisonment and a fine of Rs. 1,000/- and in default of payment of fine, six months additional simple imprisonment.
(3.) The prosecution case as set out in the written report (Ext.Ka.1) of P.W.1 informant Md. Rashid is that on 03.10.2010 while his sons, Wasid and Arshad were sitting in their junk shop, on Shahpur turning, at about 4 p.m. his son Arshad received a call on his mobile no. 8126197036 from some unknown person who asked him to meet him at some place in connection with purchase of some items on which his son, Arshad left his shop on his motorcycle. He did not return for quite sometime. His son Washid received a phone call from the mobile number of Arshad from someone who informed him that his brother Arshad had been kidnapped and his motorcycle was lying parked in Wahlana Chowk. He immediately rushed to Wahlana Chowk where he found Arshad's motorcycle parked and although he looked around all over but he could not get any clue about his son and he suspected that his son has been kidnapped by Farmaan, son of Salaam and his brother-in-law, Aasu and his nephew, Butta.;