JAI PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these appeals arises out of common impugned judgment passed by the trial court, hence are being decided by this common order.

(2.) These two criminals appeals have been filed against the judgment and order dated 24.02.2012 passed by Additional District And Sessions Judge, Court No.8, Bijnore in Sessions Trial No.95 of 2008 (State Vs. Smt. Sunita Devi and Others) relating to Case Crime No.589 of 2007, under Sections 364, 302, 201, 120-B I.P.C. Police Station Haldaur, District Bijnore, convicting and sentencing both the appellants under Sections 364/120-B I.P.C. to undergo Life Imprisonment and a fine of Rs.10,000/- and in default of payment of fine, further to undergo one month simple imprisonment and further sentencing the appellant, Sunita to undergo Life Imprisonment under Sections 302 I.P.C. and a fine of Rs.10,000/- and in default of payment of fine, further to undergo one month simple imprisonment and the appellant Jai Prakash to undergo Life Imprisonment under Sections 302 I.P.C. read with Section 120-B I.P.C. and a fine of Rs.10,000/- and in default of payment of fine, further to undergo one month simple imprisonment. Appellant Sunita has also been convicted under Section 201 I.P.C. and appellant Jai Prakash also for offence under Section 201 read with Section 120-B I.P.C. for 7 years Rigorous Imprisonment and a fine of Rs.2,000/- and in case of default of payment they will further undergo fifteen days imprisonment. Both the sentences were directed to run concurrently.

(3.) The prosecution story in brief is that on 20.07.2007, the complainant Jogendra Singh submitted a written report scribed by Manoj at Police Station Haldaur, district Bijnor with allegations that Sunita (appellant), wife of Mahipal Singh, resident of village Virampur, Police Station Dhampur, who happens to be his sister-in-law, as a result of picking quarrel with her husband, used to visit his house sometimes and stay there for a day or two. Sunita came to his house on 14.07.2007 and went back to her house on 15.07.2007 at about 9-10 a.m. in the morning. On that very day, he was out of station. His son, Situ who was wearing a black thread in his neck and a purple necker had wheatish complexion and was of about six years in age. The complainant has further mentioned that when he returned to his house on 15.07.2007 in the evening then his wife told him that their son Situ was missing since morning. He searched him here and there but could not get the whereabouts either of his son or of Sunita. On 18.07.2007, Brahmpal Singh, son of Tekchand, Magan Singh, son of Khubban Sikngh, Sompal Singh son of Khabani Singh told him that on 15.7.2007 at about 9 or 10 A.M. they had seen Sunita carrying his son towards sugar-cane field of Jagat Singh. The brother-in-law of Sunita namely Jai Prakash, resident of Aliyarpur, Police Station Afzalgarh, District Bijnor also had come along with Sunita to his house several times. He started searching him (Situ) in the relations of Sunita but to no avail. It came to his knowledge that Sunita was also familiar with Ram Singh, s/o Baljeet, Tipu, s/o Ramcharan, who are also the resident, of his village. He had a suspicion that Sunita has kidnapped his son. It was also mentioned in the F.I.R. that the delay in lodging the same was because of having remained busy in the search of the missing boy. On the basis of this written report, a case was registered as Case crime No.589 of 2007, under Section 364 I.P.C. against Sunita and others and the investigation was entrusted to Sub-Inspector of Police, S.K.Verma, who recorded the statement of witnesses under Section 161 Cr.P.C. After investigation, the police has submitted the charge-sheet under Sections 364, 302, 201, 120-B I.P.C. against Sunita and Jai Prakash appellants. Charges were framed against the accused, Sunita and Jai Prakash and both the accused had pleaded not guilty and claimed trial.