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2018 Supreme(All) 694

A.P.SAHI, RAJEEV MISRA
BHUWAN @ SONU – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Vivek Kumar Singh, A.K. Singh, A.K. Solanki, A.K. Srivastava, Ajay Kumar Singh, Amit Kumar Singh, Brijesh Sahai, Devendra Swarup, Jagdish Singh Sengar, Manish Kumar Tripathi, Rajeev Ojha, Sarvesh, V.K. Srivastava, Vinod Tripathi, Jagdeo Singh and Bhavya Singh for the Appellant; A.G.A and Ajit Kumar Singh Solanki for the Opposite Party.

JUDGMENT :

The two appellants Bhuwan @ Sonu and Gopal Narain were charged for offences under Section 364-A and Section 302 read with Section 34 I.P.C. as well as Section 201 I.P.C. for the kidnapping and murder of a boy Anmol Chauhan aged about 10 years who was stated to have gone missing at about 5.00 p.m. in the evening of 19.09.2004. They have been convicted and sentenced to undergo life imprisonment coupled with fine and in default to suffer further incarceration.

The prosecution story is that the victim went away from his home 493/04 Shastri Nagar, police station Nauchandi, district Meerut on his blue coloured bicycle at about 5.00 p.m. on the said date and did not return back. The missing report lodged by the father of the victim Awshesh Kumar Chauhan PW-1 which is part of the G.D. and is exhibited as Ex.-Ka-1 in the trial records dated 19.09.2004 simply states that the son of the complainant/informant went away at 5.00 p.m. and has not returned. This G.D. entry report is timed as 1.45 a.m. after mid night on 20.09.2004.

On 21.09.2004 the complainant/informant in the same police station gave a written report that his son has been kidnapped. This is entered in the G.D. Of poli































































































































































































































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