AJAY KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) THE present appeal is directed against the judgment of conviction dated 24.11.1999 and order on sentence dated 26.11.1999 passed by the Additional Sessions Judge in Sessions Case No. 147/98 whereby the appellants were convicted for the offences punishable under Sections 364 /34 and 325/34 of the Indian Penal Code (,,IPC for short) and sentenced to undergo rigorous imprisonment for six months for their conviction under Section 364/34 IPC and for six months under Section 325/34. Fine was also imposed upon both them with a default clause on both counts and they were also ordered to pay compensation of Rs. 30,000.00 to the victim.

(2.) THE prosecution case is that on 17/08/1997 at about 6 p.m. the complainant Ashok Kumar(PW-5) was abducted from his shop at Tilak Nagar by the two appellants, who are brothers, and had demanded ransom for his release and while he was in their custody he was severely beaten also due to which he had sustained grievous injury and was released same night but only after they had been paid ransom money of Rs.10,000.00.

(3.) THE police filed the charge sheet in the concerned court after completing the investigation against the appellants and on the same being committed to sessions court the learned Additional Sessions Judge framed charges under Sections 364-A/325/34 IPC against the appellants had pleaded not guilty the prosecution was called upon t adduce its evidence in support of these charges.