NAND KISHORE ALIAS NANDU Vs. STATE

JUDGEMENT

(1.) IN this appeal, appellant Nand Kishore @ Nandu son of Shri Kanta has assailed his conviction under section 363 and 364-A of IPC rendered by the trial court vide impugned judgment November 19, 2004 and the sentence imposed upon him by the trial court vide order dated November 20, 2004 whereby he has been sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo simple imprisonment for a period of six months for commission of offence punishable under section 364-A of IPC. He has been further sentenced to simple imprisonment for a period of five years and to pay a fine of Rs. 5,000/- and in default thereof, to undergo simple imprisonment for a period of six months for committing offence punishable under section 363 of IPC. State had also filed a criminal appeal no. 538/2005 for enhancement of sentence imposed upon the appellant under section 364-A of IPC and the above titled appeal of the state stands already allowed and the sentence imposed upon the appellant under section 364-A of IPC stands enhanced to imprisonment for life.

(2.) THE facts of this case already stand noticed in the opening paragraph of the impugned judgment. However, the brief facts which needs to be highlighted for disposal of this appeal are that Akash @ Bhupinder aged about 5 years, son of the first informant Chander Pal (PW-1) was found missing from his house on March 7, 2004 and his father Chander Pal lodged a missing report Ex. PW1/a in Police station Sangam Vihar and a formal First Information Report (FIR) was registered under section 363 of IPC. As per the narration of the first informant Chander pal (PW-1), a telephone call was received in the evening of 7th March 2004 from appellant Nand Kishore on the mobile phone of his brother Umar Pal and the voice of the kidnapped child Akash @ Bhupinder was heard and after 2 or 3 days, appellant Nand Kishore again telephoned at the shop of Pramod, a friend of the first informant and appellant Nand Kishore is stated to have demanded ransom of rs. 4,00,000/ -. The first informant (PW-1) has asserted that at first instance i. e. on 7. 3. 2004 appellant had demanded ransom of Rs. 4,00,000/- (Rupees four lacs) from the first informant and when the first informant showed his inability to fulfill the said demand, then appellant Nand Kishore had threatened to kill the kidnapped child Akash @ Bhupinder. According to the first informant (PW-1), appellant was erstwhile tenant in the house of the first informant (PW-1) and the appellant was not having good character and so the first informant had got the house vacated from the appellant. A police report Ex. PW1/b was lodged by chander Pal (PW-1) at Police Station Sangam Vihar on 10th March 2004 and on translation, the same reads as under :-

(3.) IT is the specific case of the first informant (PW-1) that appellant had telephoned Pramod, friend of the first informant (PW-1) from Kavlari, District seewan, Madhya Pradesh and on the instructions of the police, the first informant had agreed to pay the ransom money. Accordingly a raiding party left for Kavlari, District Seewan, Madhya Pradesh and the appellant was apprehended and the kidnapped child Akash @ Bhupinder was recovered from the house of the relative of the appellant. Offence under section 368/34 of IPC was added as alongwith the appellant, Gajender Kumar was also arrested. However, he has been acquitted by the trial court. After completion of investigation, charge sheet was filed against the appellant and his co-accused Gajender Kumar (since acquitted ). Charge under section 363 read with section 34 of IPC was framed against the appellant and his co-accused Gajender Kumar and the second charge framed against them was under section 364-A read with section 34 of IPC. Since both, the appellant and accused Gajender Kumar had pleaded not guilty, so they were put to trial and the prosecution had got examined twelve witnesses to support its case.