MOHAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 15th August,2008, passed in Special Case No.24 of 2007 by the Special Judge, Datia convicting appellants under Section 364A, IPC read with Section 13 of the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 and thereby sentencing each of them to suffer rigorous imprisonment for life and fine of Rs.50,000/, in default, further rigorous imprisonment for three years, the appellants have filed this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) PROSECUTION story, in brief, may be narrated as under: (i) That, on 10th November, 2006 at about 9.00 A.M., Lakhan Singh (P.W.3) and Puran Singh (P.W.4) went to forest of Maunda (Bharkuan) for grazing their goats but they had not returned back till the evening, therefore, their family members went to the forest in search of them but they were untraceable. Therefore, P.W.2, Ratiram father of Lakhan Singh went to the Police Chowki Mangarol (Police Station, D. Paar) on 11th November,2006 at 11.30 A.M., and lodged a Gumshudgi report (Exhibit P/6). The criminal law was triggered and set in motion; (ii) That, on 27th November,2006, the missing persons, Lakhan Singh and Puran Singh escaped from the custody of the accused persons and reached the Police Station, D. Paar and stated that the accused persons have abducted them for ransom, therefore, Sub Inspector, Devlal Dhanole (P.W.6) has prepared recovery panchnama (Exhibit P/3) and recorded their statements. They were sent to Government Hospital, Seconds for medical examination; and (iii) That, the Investigation Officer after recording the statements of the witnesses who were acquainted with the facts of the offence, arrested the accused persons including the appellants. On completion of the investigation, a charge sheet was filed against six accused persons including the appellants before the Special Court.

(3.) THE learned Trial Judge on the basis of evidence placed on record came to hold that charge under Section Section 364A, IPC read with Section 13 of the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 has been proved against the accused/appellants as a result of which they have been convicted and passed the sentence as mentioned hereinabove, however, they have been acquitted from the charge under Section 323/149 of the IPC. THE learned Trial Court after close scrutiny of the evidence came to hold that the charge under Section 364A, IPC read with Section 13 of the Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 and under Section 323/149 of the IPC are not proved against the coaccused, Kallu, Balveer Singh and Nandu alias Nandkishore and, eventually, acquitted all of them from the aforesaid charges.