GURUPRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred this appeal assailing the judgment of conviction and order of sentence dated 17.10.1998 passed by the Additional Sessions Judge, Shakti, Distt. Bilaspur in Sessions Trial No.15/1998, whereby & whereunder the trial Court after holding the appellants guilty for kidnapping, abducting or inducing woman to compel her for marriage in sharing common intention, convicted them under Sections 363/34 and 366 of the IPC and sentenced them to undergo R.I. for one year & to pay fine of Rs.1,000/ - each, in default of payment of fine to undergo additional R.I. for 3 months and to undergo R.I. for five years & to pay fine of Rs.2,000/ - each, in default of payment of fine to undergo additional R.I. for one year.

(2.) The facts, briefly stated, are as under : -

(3.) Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short, 'the Code'). After completion of investigation, charge sheet was filed before the Court of Judicial Magistrate First Class, Sakti, who in turn committed the case to the Court of Sessions, Bilaspur from where learned Additional Sessions Judge received the case on transfer for trial.