JUDGMENT :

(Ashwani Kumar Mishra, J.)

1. These five appeals are directed against the judgment and orders dated 26.2.2011, 28.2.2011 and 1.4.2011, passed by Additional Sessions Judge (Court No.6), Mathura in Sessions Trial No. 115 of 2007 (State Vs. Pooran Singh, Padam Singh and Rahees) and Sessions Trial No.286 of 2007 (State Vs. Ramesh @ Chhote and Pohpee). All the five accused have been held guilty of kidnapping for ransom under Section 364-A IPC and have been sentenced to life imprisonment alongwith fine of Rs.10,000/-each, and to undergo further rigorous imprisonment of two years in the event of default of payment of fine.

2. Facts, as emerge from record of these connected appeals are that a written report was made by the first informant Mohar Singh (Ext. Ka-1) on 10.11.2016 stating that he is an original resident of Village Chaumuha, Police Station Vrindavan, District Mathura. The brother-in-law of his sister namely Pohpee, son of Mahaur Singh, wanted informant’s land to be sold. Upon the informant’s refusal to sell his land accused Pohpee threatened him that he would kidnap his son and murder him. On 21.10.2006 the informant’s son Satish had gone to Chaumuha Bazar but did not return till late in the evening which made the informant suspicious. The informant (PW-1) made attempts to trace out his son. He is alleged to have been informed by Ashok Kumar (PW-3) that from the vicinity of tea shop of Govind, Pohpee alongwith another person took his son on motorcycle towards Chhata. On enquiry the informant came to know that Pohpee and Narayan Singh had taken his son to Naugaon, Police Station Chhata and have handed over his son to Rahees son of Yaseen, resident of Police Station Narsena, District Bulandshahar; Pooran Singh son of Karan Singh, resident of Garhi Parsoti, Police Station Surir, District Mathura and Padam son of Kunwar Pal, who may kill his son. The informant disclosed that he was trying to locate his son so far, and after coming to know of the true facts he has come to police station for lodging his report. Same be registered and legal action be taken in the matter.

3. On the basis of aforesaid written report Police Constable Peetam Singh (PW-4) entered the substance of written report in the general diary. He thereafter prepared the Check FIR, which was registered as Case Crime No.493 of 2006, under Section 364 IPC, at police outpost Jait, Police Station Vrindavan, District Mathura (Ext. Ka-2). Perusal of same will show that it was registered at 15.25 pm on 10.11.2006.

4. Incidentally, just five minutes after the lodging of aforesaid FIR, the police of Police Station Narsena, District Bulandshahar carried out a search/encounter at Unchagaon within the limits of P.S. Narsena in which the victim Satish (PW2) was recovered, allegedly from four accused namely Padam Singh son of Kunwar Pal; Rahees son of Yaseen; Pooran Singh son of Karan Singh and Narayan Singh son of Udal Singh. 4 country-made pistols of 315 bore were recovered from this person. 12 live cartridges and four empties of aforesaid bore.

5. A memo of recovery of four country-made pistols of 315 bore (Tamanchas); 12 live cartridges and four empty cartridges and recovery of victim Satish came to be drawn by Harish Chandra Joshi (PW-6), the then SHO of Police Station Narsena. The recovery memo records that on 10.11.2006 the Station House Officer of Police Station Narsena, District Bulandshahar received information that some criminals were hiding in the house of one Sabuddin alongwith an kidnapped boy of 12-13 years of Mathura in Village Unchagaon. This information was recorded in the GD of Police Station Narsena at 2.00 pm, whereafter the police party raided the house of Sabuddin at around 2.30 pm on 10.11.2006. The police party on the pointing out of police informer reached the house of Sabuddin and warned all four criminals to surrender, since they were surrounded by police or else they would be killed. The four criminals are alleged to have started firing f