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 police station Nauchandi as report no.9 at 2.00 a.m. and the first information report was registered under Section 364 I.P.C. against unknown accused.

The investigation commenced and the Sub-Inspector of Police Vijay Singh who is the first Investigation Officer recorded the statement of the witnesses including that of the informant who stated that his brother-in-law Babu Singh had received a SMS on his mobile about ransom being demanded. The Sub-Inspector of Police obtained call details of the mobile number so given.

One Ratanpal son of Dharamveer stated to be the Supervisor of Wheeler Club, Meerut gave a written information to another police station Sadar Bazar, Meerut about a dead body lying on the western side of the club and behind Hotel Derose. This information is entered in the G.D. of police station Sadar Bazaar as report no.26 at 12.05 p.m. dated 27.09.2004. It is important to note that this information was given to the police station Sadar Bazar, Meerut and not to the police station Nauchandi, Meerut where the crime had been reported. On receipt of this information Sub-Inspector of Police R. K. Sharma along with Sub-Inspector of Police Chandrabhan Singh and other police officials of police station Sadar Bazaar went to the place where the dead body was stated to have been found and on recovery of the dead body an inquest report was prepared which is Exhibited as Ka-14. This was accompanied by requisite papers including the detailed scroll, the letter of inquest, the request to the Chief Medical Officer to carry out the post-mortem, the report of the reserve Inspector and the body having been sent in a sealed state.

After the body was received by the Chief Medical Officer the complainant/informant is said to have identified the same whereafter the post-mortem was conducted by PW-3 Dr. N. Nathani on 28.09.2004 at about 5.30 p.m.

The dead body was in an advanced stage of decomposition. All the ingredients of decomposition are indicated in the post-mortem report with the teeth loosened in their sockets and the skull was found separated from the body with the cervical vertebra C1 to C3 missing the skin and tissues from the skull were absent. The left forearm and hand below the elbow joint, the left ankle joint and foot, the right ankle joint and right foot, and parts of right wrist joint and right hand were missing. The age of the deceased was reported to be 12-14 years.

The noticeable part of the post-mortem report is that two incised wounds one of 16cms. in length and width 2 ½ cms. bone deep was present on the back of the neck at the level of C4 vertebra. The second incised wound causing amputation was present all around the neck about 30 cms. at the same level of C4 vertebra and bone deep. The margins of the wounds were deeply stained and not wash