MAHESH KUMAR Vs. STATE

JUDGEMENT

(1.) Vide judgment and order dated 17.9.2001, acquitting Accused No. 2 Somnath for the reason no incriminating evidence surfaced against him, appellant Mahesh has been convicted for the offences punishable under Section 363/364-A IPC. Appellant Ram Ashish has been convicted for the offence punishable under Section 368 IPC. Vide order on sentence dated 21.9.2001 both have been sentenced to undergo imprisonment for life.

(2.) In returning a verdict of guilt against appellant Mahesh Kumar, the learned Trial Judge has held that the ransom notes Ex.PW-1/C and Ex.PW-1/D have been proved to be in the handwriting of Mahesh Kumar. The second piece of incriminating evidence used against Mahesh Kumar is the finding returned that the prosecution has successfully established that it was he who came to collect the ransom amount. Lastly, the learned Trial Judge has held that the prosecution has successfully proved that pursuant to his disclosure statement the kidnapped child was recovered from the house of co-accused Ram Ashish.

(3.) Qua Ram Ashish the evidence is the recovery of the kidnapped child from his house pursuant to the disclosure statement of Mahesh Kumar.