MUKESH KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both the appeals have been preferred against the judgment of conviction and order of sentence dtd. 28/5/2013, passed by the learned Second Additional Sessions Judge, Sakti, District Janjgir-Champa, Chhattisgarh in Sessions Trial Case No. 157 of 2012, whereby and where-under the learned Second Additional Sessions Judge has convicted the appellants under Ss. 302, 364-A, 201, 120-B, 386 and 148 of the Indian Penal Code (for short 'IPC') and sentenced them to undergo life imprisonment with fine of Rs.25,000.00, life imprisonment with fine of Rs.25,000.00, R.I. for 3 years with fine of Rs.1,000.00, life imprisonment with fine of Rs.10,000.00, R.I. for 7 years with fine of Rs.1,000.00 and R.I. for 3 years to each of the appellants, respectively with default stipulations.

(2.) The case of the prosecution, in brief, is this that Dilip Sahu (deceased) went to appear for examination in Sanskar School, Jaijaipur in the morning of 19/3/2012. Dilip Sahu did not come back because of which, complainant -Phool Singh Sahu (PW-1) kept searching for him and not being successful, he lodged a missing report on 28/3/2012 (Ex. P-1). Subsequent to that, Phool Singh Sahu (PW-1) received a phone call from mobile No.9806978731 on his own mobile No. 7566815079 on 7/4/2012. The caller threatened him that if he wants to see his son alive, he will have to pay Rs.10,00,000.00 as ransom. This call was repeated on 8/4/2012 and 9/4/2012. The complainant informed about this phone call in the Police Station Jaijaipur by a written complaint (Ex.P-1) on which basis, FIR (Ex.P-2) was lodged.

(3.) Phool Singh Sahu (PW-1) bargained with the unknown caller who agreed to take Rs.1,00,000.00 as ransom. He made arrangement for Rs.1,00,000.00. On 11/4/2012, he again received a phone call from unknown person, who informed about the place for leaving the money. Phool Singh Sahu (P.W.-1) went to the place alongwith Chandrika Prasad (P.W.-3) on a motorcycle with the money. He had put his name Phool Singh on some of the currency notes for the purpose of identification. The money was left on the indicated place by him. After making payment of the money, his son did not return. On the same day, he received a phone call from the same mobile No. 9806978731, in which a boy who was imitating the voice of his son Dilip Sahu, said that he had given trouble and harassed his father, therefore, he is going to Jammu and Kashmir and he will return after sometime. After that, Phool Singh Sahu (P.W.-1) did not receive any other call.