TARA SHANKAR & ORS. Vs. STATE

JUDGEMENT

(1.) This is an Appeal against a judgment dated 09.01.2008 and the order on sentence dated 14.01.2008 whereby the Appellants were convicted for the offence punishable under Section 302/364/201/34 Indian Penal Code (IPC). They were sentenced to undergo imprisonment for life and to pay fine of ' 2,000/- each or in default of payment of fine to undergo simple imprisonment for one year for the offence under Section 302 IPC; and were sentenced to undergo Rigorous imprisonment for ten years and to pay fine of ' 2,000/- each or in default of payment of fine to undergo simple imprisonment for one month for the offence under Section 364 IPC. They were further sentenced to undergo simple imprisonment for five years and to pay fine of ' 1,000/- each or in default of payment of fine to undergo simple imprisonment for six months under Section 201 IPC.

(2.) Briefly stated, the prosecution case is that on 12.08.1999 at about 2:40 P.M. complainant Kishori Shah reached Police Station (PS) Model Town and made a statement before the Duty Officer that he was a resident of House No. N- 21/A-195, Moti Wala Bagh, Azad Pur. On 07.07.1999 Ms. Usha daughter of Tara Shankar (the Appellant) had left her house. Tara Shankar suspected that she had eloped with the (complainant s) son Ranjit.

(3.) On 11.07.1999 at about 8:30 A.M. Tara Shankar approached the complainant with a request to trace the two (i.e. the daughter of Tara Shankar and son of the complainant). At 12:00 noon on that day, Tara Shankar again approached the complainant and postponed their departure for the next morning. It is alleged that without waiting for the next morning, Appellant Tara Shankar along with Appellants Shambhu Dayal @ Bhola, Jai Singh @ Guddu and coaccused Komal and Srikishan came to his house at 11:30 P.M. They abducted his (Complainant, PW-1 s) wife Sita Devi, son Pradeep and him (the complainant) by forcing them to sit in a Tempo No. DL-1LA-6677 and they took them to a forest in Agra. On 13.07.1999 the complainant escaped from the clutches of the Appellants and proceeded to his village (in Nepal). The complainant suspected that Tara Shankar and his associates might have killed his wife and son.