NARENDRA BHAT Vs. STATE

JUDGEMENT

(1.) THIS appeal is against the order of conviction and sentence passed by the II Addl. Sessions Judge, Mangalore, D. K. in s. C. No. 105/98 order dated 31-1-01.

(2.) THE case of the prosecution is that, one M. Vittaldas Shenoy who is a resident of Vyshali apartments situate near Mangala Stadium, gandhinagar, Mangalore, has a son by name upendra Shenoy; the said child was going to Mangala Baby Sitting situated at gandhinagar and he was being taken to school everyday in an autorickshaw; the first accused mother one Nirupama Bhat was working with the complainant and the first accused used to come there to drop her to the complainant's house in a motor cycle and he had acquaintance with the 2nd accused and both of them were moving together, the first accused was running transport business having lorries and when he had sustained loss in the said business, both accused Nos. 1 and 2 thought of kidnapping the child of the complainant for ransom and that on 13-1-1998 around 11. 45 a. m. the complainant received the phone call from the house stating that the child shenoy did not come home and that a letter was thrown in the front door of their house wherein it was written that the child is being kidnapped and it was demanded to pay Rs. 15 lakhs to get back the child and also stated not to inform the police in this regard; later the complainant came to the house and meanwhile, the complainant's wife who went to the school made enquiry with one Suman Pai and Shanthi baliga about the child; they told that around 11. 30 a. m. a woman aged about 25-30 years wearing a chudidar came and told that she had come from the house of the complainant and that they are going to goa and asked to send the child along wit her and so saying, she took away the child; on hearing this aspect the wife of the complainant returned back to home and after informing the complainant, lodged the complaint around 2. 00 p. m. on the very same day; the police who registered the case went to the house of the complainant and seized the letter and the cover said to have been found near the door, while searching for the accused, the Head Constable apprehended accused no. l around 2. 00 a. m. in the night while he was going towards mannagudde form Ladyhill side; later, he was brought to the station and on enquiry he gave the voluntary statement to the effect that he will show the child Upendra Shenoy who is in Srinivasapura; the said information was conveyed by the I. O. to the complainant and asked the complainant to come along with his wife; the complainant, his wife and one Vasudeva Pai and the police along with accused No. l went to Srinivaspura; the I. O. before going to Srinivasapura requested the circle Inspector of Police to accompany them and thereafter, accused No. l took them to Anandbhavan hotel stating that the child is in the house of the relative of accused No. 2; they saw the child along with accused No. 2 watching T. V. and arrested her and brought the child to Mangalore along with accused No. l; later, the I. O. conducted panchanama of the School from where the child was kidnapped and thereafter, after recording the statement of several witnesses and after completion of investigation filed the charge sheet. The accused were charge sheeted for the offence punishable under Section 364a r/w section 34 of the IPC. Thereafter, since the accused pleaded not guilty and claimed to be tried, during the trial, the prosecution has examined in all 24 witnesses and got marked about 31 documents and two documents were marked on behalf of the respondent at Exs. Dl and D2. Thereafter, the accused was examined under section 313 of Cr. P. C. and their defense was total denial. After hearing both sides, the learned sessions Judge has convicted and sentenced the accused for the offence punishable under Section 363 r/w section 34 of IPC and sentenced them to undergo R. I. for a period of three years and to pay a fine of Rs. 5000/-, in default, to undergo R. I. for three months.

(3.) HEARD the learned Counsel for the appellants/accused and the learned Government Pleader.