CHATAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) INTERPRETATION and application of Section 31 of the Criminal Procedure Code, 1973 is involved in this appeal, which arises out of a judgment and order dated 3rd February, 2004 passed by a learned Single Judge of the Madhya Pradesh High Court at Jabalpur in Criminal Appeal No.2665 of 1998.

(2.) IN view of the question involved herein, we need not dilate on the factual matrix of the matter in great details. Suffice it say that the appellant herein was proceeded against in a case involving kidnapping of two boys Sudhir Kumar and Sushil Kumar, aged about 10 to 12 years. They were sons of Ramakant Katiyar (P.W.6). They had gone to attend school at about 7.30 in the morning of 29th December, 1994. They were to return at about 1.30 p.m., but, when they did not return till 5.30 p.m., a search for them was made. After the informant came back home, he was informed by his wife that one of the classmate of the boys, namely, Gulabchandra Gour (P.W.7), had delivered his school bag informing that Satyendra (P.W.10) had asked him to do the same. P.W.6 went to the house of Satyendra to make inquiries about his son and came to learn that victim Sudhir Kumar had come to his house and handed over the bag stating that he was proceeding towards the farm. A First INformation Report was lodged. Allegedly, the Chowkidar of the school, namely, Ramesh Kumar (P.W.8) discovered certain wearing apparels as also a letter demanding ransom of Rs.2,000/-. He handed over the trouser and the letter to the police. On the next day, one Prakash Chandra Sharma came to the house of Ramakant and stated that he had found a letter in which it was stated that P.W.6 had committed a grave error in intimating the police. Therein it was, allegedly, mentioned that dead body of Sunil Kumar was thrown in the 'nallah' behind the 'durgha'. A search was made, but the dead body was not found. Allegedly, a demand of Rs.10,000/- towards ransom was made by a letter, which was marked as Exhibit P/10. On 6.1.1995, a dead body was recovered, which was ultimately found to be that of Sushil Kumar. P.W.6 received another letter on 17.1.1995, whereby he was asked to pay a sum of Rs.20,000/-. IN that letter it was said to have written that if the said amount was not paid, Sudhir Kumar would be similarly dealt with. The dead body of Sudhir Kumar was thereafter found. During investigation, appellant was apprehended and ultimately, he was prosecuted for alleged commission of offences under Section 302, 201, 364, 365 and 120-B of the INdian Penal Code, 1860 ('IPC', for short). The learned Trial Judge opined that there was no material on record to show that the victims were killed by the appellant. It was further not found that they were kidnapped for obtaining ransom or for murdering them. However, two letters were found to have been written by the appellant. He, therefore, convicted the appellant for commission of offences punishable under Sections 364 and 365 read with Sections 120-B and 201 of the INdian Penal Code and passed the following sentences : <FRM>JUDGEMENT_476_TLPRE0_2006Html1.htm</FRM>

(3.) WE, although, appreciate the anxiety on the part of the learned Sessions Judge as also the learned Judge of the High Court not to deal with such a matter leniently, but, unfortunately, it appears that the attention of the learned Judges was not drawn to the provision contained in Section 31 of the Criminal Procedure Code. The said provision reads thus :