PRITINKER DIWAKER,J - (1.) This appeal arises out of impugned judgment and order dated 10.07.2018 passed by Sessions Judge, Kanpur Nagar in Sessions Trial No. 1051 of 2011 (State Vs. Dharmendra @ Gappu Shukla) convicting the appellant under Section 364 of IPC and sentencing him to undergo imprisonment for life.
(2.) In the present case, name of the deceased is Suresh Saini aged about 45 years. It is alleged that on 04.01.2011, at about 04.00 p.m., when the deceased along with Mahesh Kumar Saini (PW-2) and Sangeeta (PW-3) were going to his field, on the way, near the house of one Ishrat, a four wheeler reached and stopped there from which accused Dharmendra @ Gappu Shukla got down and forcibly took Suresh Saini inside the vehicle. Mahesh Kumar Saini (PW-2) told the accused persons that they are going to the field for irrigating the land and, therefore, they have no time and he requested the appellant not to take the deceased along with him. In reply to this, accused-appellant asked Mahesh Kumar Saini that he is taking Mahesh Saini upto his house and he would set him free immediately. Further case of prosecution is that when the deceased did not return, he was searched for about 6-7 days and then on 11.01.2011, a missing report was lodged in the concerned police station. On 17.01.2011, in a newspaper, one photograph was published and after seeing the same, informant Radha Kishan Saini (PW-1) and Mahesh Kumar Saini (PW-2) had gone to postmortem house and identified the dead body to be that of Suresh Saini. On the basis of written report lodged by Radha Kishan, FIR Ex.Ka-12 was registered on 18.01.2011 against the appellant and two others under Sections 364, 302 and 201 of I.P.C.
(3.) Inquest on dead body of the deceased was conducted on 16.01.2011 vide Ex.Ka.-2 and the body was sent for postmortem, which was conducted vide Ex.Ka.-11 on 17.01.2011 by PW-7 Dr. Jogendra Singh.;