MAHESH Vs. STATE OF U P

JUDGEMENT

(1.) By way of the aforesaid three appeals, the appellants have challenged the judgment and order of conviction dated 01.08.2005 passed by the Additional Sessions Judge, F.T.C. No.1, Hathras in Sessions Trial No.331 of 2001 arising out of Case Crime No.125 of 2001, (State Vs. Mohd. Alam and others), under Section 364-A IPC, Police Station Hasayan, District Hathras, whereby the appellants were sentenced to life imprisonment coupled with fine of Rs.1000/- each; default clause stipulates one month additional simple imprisonment to the concerned convict.

(2.) Heard at length Sri N.I. Jafri assisted by Sri Noor Mohammad, Shahroze Khan and Sri S.P.S. Chauchan, learned counsels for the appellant and Sri Saghir Ahmad, Sri J. K. Upadhyay and Kumari Meena, learned AGAs for the state.

(3.) Facts of this case, as unfolded by the first information, appear to be that first informant Mahendra Pratap Singh son of Sri Hakim Singh resident of Nagla Danda Majra Jarera, Police Station Hasayan, District Hathras gave written report (Ext. Ka-1) at aforesaid police station on 10.6.2001 alleging commission of offence of kidnapping for ransom of his nephew Raja, to the effect that labourers used to come to his village for harvesting wheat and paddy crop from state of Bihar. One among them, Mohd. Alam son of Jahid resident of village-Bhagal, police station-Sontakhad, District Kishanganj, Bihar had come to his village one and half year ago and he used to stay at the house of informant. He also worked as labourer in the village. Due to this, little children of his house were familiar with him. He took advantage of his familiarity with children of the house and he in collusion with one Data Ram and his two sons Naresh and Mahesh, kidnapped his nephew Raja aged about three years on 07.06.2001. All the four persons are absconding from his village ever since.