UDHAL SINGH Vs. STATE

JUDGEMENT

(1.) The appellants Udhal Singh and Vinod @ Sahib Singh impugn their conviction under Section 364A read with Section 120B of the Indian Penal Code (IPC, for short) vide judgment dated 30 th January, 2009 in SC No. 58/2006, arising out of FIR No. 146/2006, P.S. Badarpur. They have also impugned the order of sentence dated 31 st January, 2009 by which they had been sentenced to imprisonment for life and fine of Rs.5,000/- each, in default of payment of fine, they have to undergo simple imprisonment of two months each.

(2.) The prosecution case is that the victim Ravi (PW-2) was kidnapped for ransom and there was a threat to cause death or hurt to him, or because of appellants' conduct, there was reasonable apprehension that he may be put to death or hurt. The alleged kidnapping happened on 25 th February, 2006, at about 7.00 P.M. and PW-2 was rescued on 28 th February, 2006, at about 3.30 4.00 P.M., from Lal Garhi, Near Sikandrarao, U.P.

(3.) Kidnapping for ransom is covered under Section 364A IPC and reads as under:-