Advocates:
['FROM JAIL', '', 'MANOJ KUMAR PANDEY', 'ARUN KUMAR VISHWAKARMA', 'UTTAR KUMAR GOSWAMI', 'A G A']

Reserved

Case :- JAIL APPEAL No. - 1262 of 2012

Appellant :- Pohpee @ Pohap Singh

Respondent :- State of U.P.

Counsel for Appellant :- From Jail,Arun Kumar

Vishwakarma,Manoj Kumar Pandey,Uttar Kumar Goswami

Counsel for Respondent :- A.G.A.

Connected With

Case :- CRIMINAL APPEAL No. - 1684 of 2011

Appellant :- Pooran Singh

Respondent :- State of U.P.

Counsel for Appellant :- S.S. Rajput

Counsel for Respondent :- Govt. Advocate

And

Case :- CRIMINAL APPEAL No. - 1741 of 2011

Appellant :- Ramesh @ Chote

Respondent :- State of U.P.

Counsel for Appellant :- Rajeev Goswami,B.P. Verma,V.M.

Zaidi

Counsel for Respondent :- Govt. Advocate

And

Case :- CRIMINAL APPEAL No. - 1945 of 2011

Appellant :- Padam Singh

Respondent :- State of U.P.

Counsel for Appellant :- Vivek Dubey,Subhash Chandra

Raghav

Counsel for Respondent :- Govt. Advocate,B.P.Verma

And

Case :- CRIMINAL APPEAL No. - 2636 of 2011

Appellant :- Raees

Respondent :- State of U.P.

Counsel for Appellant :- Dr. G.S.D. Mishra

Counsel for Respondent :- Govt. Advocate

Hon'ble Ashwani Kumar Mishra,J.

Hon'ble Shiv Shanker Prasad,J.

(Per: Hon’ble 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

2

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

3

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 (PW-

2) was recovered, allegedly from four accused namely