RAMDAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision is directed against the judgment of Sessions Judge, Korba in Criminal Appeal No. 12/2007 passed on 20/07/2007, by which the judgment of trial court in Criminal Case No. 326/2006 dated 08/05/2007 was confirmed with respect to the applicants.

(2.) The prosecution case is this, that Shyambai (PW-1) along with her daughter Nonibai (PW-2) had gone to market in Korba on 11/05/1986. Both were returning to their village in the evening between 4 to 4.30 p.m. accompanied with Mangal Singh and Pritam Das (PW-3). They arrived near Barkutabhatha when applicants Ramdas, Haridas, Arjundas and acquitted accused Govind Das came on the spot. They forcefully abducted Noni Bai (PW-2) gave threatening that if any of them raises alarm, then he will be killed. Shyambai (PW-1) lodged FIR Ex.P/1 with Police Station, Korba on 12/05/1986 against the applicants and accused Govind Das. On the same day applicant Ramdas was apprehended and interrogated. On his instance vide memorandum Ex.P/3 Noni Bai (PW-2) was recovered from the residence of accused Govind Das on the same day, vide recovery memo Ex.P/2. After completion of investigation applicants and accused Govind Das were prosecuted.

(3.) Trial Court, the Court of Judicial Magistrate First Class, Korba charged the applicants and accused Govind Das under Section 363/34, 368/34 and 506 B of IPC. On denial of charges by them, trial was conducted by the trial Court. After affording opportunity to prosecution and defence and on conclusion of trial, judgment dated 08/05/2007 was passed by the trial Court in which applicants and accused Govind Das were convicted under Section 363/34 of IPC and sentenced with RI for 2 years and fine of Rs. 100/- each, under Section 368/34 of IPC and sentenced with RI for two year and fine of Rs. 100/- each and under Section 506(B) of IPC and sentenced them with RI for one year with fine of Rs.100/- with default stipulations. Applicants and accused Govind Das challenged this judgment before Sessions Court, Korba. Appeal was heard and decided by the Sessions Judge by judgment dated 20/07/2007 in which the judgment of conviction and sentence against applicant by trial Court was confirmed, but the conviction and sentence against accused Govind Das was set-aside.