- (1.) AASU @ Aas Mohammad son of Ramjani, Majlish son of Nahar Khan, Jakir son of Kallu and Aasu son of Sirdar, aggrieved against the conviction and sentence, have directed this appeal against the judgment dated 25.5.2009 rendered by the Additional Session Judge (Fast Track) No. 4, Deeg, headquarter at Bharatpur.
(2.) THE appellants, Aasu @ Aas Mohammad, Majlish and Jakir were convicted for the offence under Section 364 -A and 420 IPC, whereas Aasu son of Sirdar was only convicted for the offence under Section 364 -A IPC. Vide separate order of even date, the trial court sentenced all the appellants for the offence under Section 364 -A IPC to life imprisonment and a fine of Rs. 5,000/ -; in default thereof, to undergo sentence of five months' simple imprisonment. Appellant Nos. 1 to 3 Aasu @ Aas Mohammad, Majlish and Jakir were also convicted for the offence under Section 420 IPC and sentenced to undergo five years' rigorous imprisonment and to pay a fine of Rs. 3,000/ -; in default thereof, to undergo three months' simple imprisonment.
(3.) IN the present case, FIR was lodged by Mahant Singh Chauhan, PW -7. He had presented a complaint Exhibit P -1, before P.W. -4, Ajay Sharma, S.H.O., P.S. Kaman, on 9.9.2005 at 6:30 PM. On the basis of complaint (Exhibit P -1), formal FIR (Exhibit P -2) was registered on the same day at 7:10 PM. The FIR lodged by first informant PW -7, translated into English reads as under: "To, SHO, Police Station, Kama. Sub: regarding registration of case. Sir, it is submitted that I, Mohant Singh Chauhan son of Late Shri Raj Mangal Singh Chauhan is resident of 430, Vikas Nagar, Lucknow. I am contractor engaged in construction work and I am also having JCB machines. One month before, on mobile phone, one person disclosing his name as Farooq contacted me and introduced himself to be resident of Mathura. He stated that he is operator of JCB machine and he wanted to be employed by me as Machine Operator and he also told that he was previously known to me. After two days, the said person said to me that while plying JCB Machine, at Gujarat, they found one gold brick beneath the earth. He stated that he is a poor person. Therefore, you can sell or purchase that gold brick. By making repeated calls, he asked me that I can purchase gold brick at a lower cost. I fell for offer and as per his saying I came to Kaman. At Kaman, he along with one person called Fakru, who is also known as Aasu @ Aas Mohammad met me and they took me from Kaman to Kashi Road in one room built in the fields. After using drill machine, they had given me dust of gold which I brought to Lucknow, where I got the same checked and found it contained 70% gold. Fakru and Aasu @ Aas Mohammadd, later told me to take the brick. On 28.8.2005, I along with my son Naveen came to Kaman. They had given me one brick and took Rs. 2.50 lakhs from me along with three mobile sets of Nokia. Thereafter, they took Rs. 2,500/ - from me and I went to Lucknow and got the gold brick tested, but no gold was found therein. Thereafter, I contacted Aasu @ Aas Mohammad. He asked me whether I had sold the goods or not? I replied in negative. He again told me that he is having another brick and I can take the same. Since I wanted to get him arrested, on 9.9.2005, I contacted Circle Officer, Kaman. Circle Officer called me at Kaman. Meanwhile, breaks of my vehicle failed. At that time, I received phone of Aasu @ Aas Mohammad and I informed him that I am at distance of 4 -5 kms. and my son has gone to take the car mechanic. My son had not returned for two hours. I became worried. At that time, I received phone from Aasu @ Aas Mohammad. He disclosed me that my son is in his custody. He further told me that in case you want your son to be released bring Rs. 2.50 lakhs and do not inform the police and if the money is not paid, your son will be beheaded. I became nervous and with folded hands requested him not to harm my son. The above said accused being Badmash have apprehended my son and they are asking for ransom. My son be get recovered immediately." On the basis of above, as stated earlier, FIR was registered. Police party subsequently had recovered Naveen, PW -8, son of the complainant -informant. At that time, the police party also apprehended Aasu @ Aas Mohammad son of Ramjani and Majlish son of Nahar Khan. As per prosecution case, two other accused namely Jakir son of Kallu and Aasu son of Sirdar had decamped from the spot.;