LALTA PRASAD Vs. STATE

JUDGEMENT

(1.) The appellant stood trial (in sessions case no.103/1996) in the court of Additional Sessions Judge, Delhi, on the charge that he, in furtherance of intention shared with three others (including co-accused Ramdin son of Shobha Ram), had kidnapped two minor sons of the first informant Ram Gopal Sharma (PW7) at about 08:00 AM on 19.11.1993, on way between their residence WZ-81, Guru Nanak Nagar and MCD Primary School, Keshopur, within the jurisdiction of police station Tilak Nagar and, thereafter, kept them in detention till 08.12.1993, threatening to cause their death, thereby giving rise to apprehension in the mind of their father in order to compel him to pay ransom demanded in the sum of Rs.3 lakh and thereby having committed the offence punishable under Section 364-A read with Section 34 of Indian Penal Code, 1860 ("IPC"). Two of the said accomplices were never arrested, while Ramdin son of Shobha Ram died midway the trial on 18.11.1996.

(2.) By judgment dated 04.10.1999, the trial court found the appellant guilty, as charged and, thus, convicted him. By order dated 07.10.1999, imprisonment for life with fine of Rs.10,000/- was awarded as sentence, with benefit of Section 428 of the Code of Criminal Procedure, 1973 ("Cr.P.C").

(3.) This appeal was presented seeking to assail the aforementioned judgment and order on sentence. On his application, the sentence was suspended and the appellant was released on bail, pending consideration of the appeal by order dated 06.08.2002, modified by order dated 26.02.2003.