UTTAM KUMAR @ TILLU Vs. STATE OF M P

JUDGEMENT

(1.) Since the aforementioned two appeals arise out of the judgment dated 09.08.1999 passed in Session Trial No. 217/95, they are being disposed of by this common judgment.

(2.) Facts necessary for disposal of these two appeals in brief are that Rajendra Kumar Ahirwar (PW-7) had made an agreement from Rajendra Prasad Choudhary (PW-3) for purchasing the Jeep bearing registration No. MP-19/1931 and after making part payment of Rs. 15000/-, he had taken possession thereof. After taking possession of the said Jeep on 24.07.1994, when he had gone to Shahdol along-with its driver for carrying passengers, three unknown persons boarded the said Jeep and on being asked they told PW-7 that they wanted to hire it for going to Rajnagar to take their family members back. On being agreed by PW-7 and PW-8 they got the tank of the said Jeep filled and proceeded towards the destination. They reached Rajnagar at about 11 in the mid night. When PW-7 and PW-8 asked him as to where his family members were, they requested them to go to his maternal village and while proceeding therefor they made them stop the Jeep, took them to an isolated place and after tying them up with a nilone rope to a tree, they decamped with the said Jeep. It is alleged that after about two months, the Jeep bearing registration No. MP-27/2360 was seized from the accused/appellants herein on 13.09.1994 along-with the registration papers of the said Jeep. To put it more specifically, the seizure of the Jeep was made from accused Uttam Kumar whereas the registration papers were seized from Sultan. It is relevant to mention here that PW-8 was working as driver with PW-3 and PW-7 as well. PW-1 and PW-2 are said to be the witnesses to seizure of the said Jeep. RC book seized by the prosecution mentions the name of Manju Shrivastava of Sarguja as the owner of the Jeep. It is further alleged that after taking PW-7 and PW-8 inside the forest, they took away cash of Rs. 3000/- and silver amulet and also subjected them to beating with the help of clubs causing injuries to their hand, leg and knee. After a short while, (PW-7) and (PW-8) somehow got them freed and reported the matter to the Police apart from undergoing medical treatment. Offences under Sections 394 and 120-B IPC were registered against the accused/appellants and after investigation, charge-sheet was filed under the same sections followed by framing of charge accordingly.

(3.) Learned Court below by the judgment under challenge in these two appeals acquitted both the accused/appellants of the charges under Sections 397, 395 and 120-B IPC but held both of them guilty under Section 412 IPC imposing the sentence of RI for five years with fine of Rs. 500/-. Hence, these appeals.