VEERA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant criminal appeal has been preferred under Section 374 of CrPC, challenging the conviction and sentence dated 8.2.2008 passed by Special Judge (MPDVPK Act) Shivpuri (MP) in Special Sessions Trial No. 15/2006, whereby Veera @ Ramveer has been convicted under Section 365 of IPC and sentenced to seven years RI with fine of Rs.5000/-, in default of payment of fine, to undergo additional rigorous imprisonment of one and half years.

(2.) It is undisputed that vide judgment dated 14.3.2006 co-accused Toran, Harprasad, Soneram, Mukesh have already been acquitted from the offence under Sections 364(A) of IPC read with section 11/13 of MPDVPK Act, in alternative Sections 364(A) read with Section 120-B of IPC and section 11/13 of MPDVPK Act. The other co-accused Dayaram, Rambabu, Pratap, Sirnam and Hari Singh have already died in police encounter.

(3.) The prosecution story in nutshell is that on 08.04.2005 at about 12-1 noon construction work of Babre Ka Talaab, near Subhashpura Police Station, village Bara was going on where complainant Ballu Batham was present along with his tractor and Sarpanch Kamla Gurjar, Sub-Engineer Mukesh Jain and Umashankar Dhakad were engaged in measuring the pond, suddenly eight armed persons came there from the hill side bearing police uniform and Mukesh Jain, Kamla Gurjar, Umashankar and 4-5 labourers working them to the top of the hill and said that they are members of Gadariya gang. They took every person coming on the spot to the top of the hill and kept there. At around 6-45 pm they took Kamla Gurjar, Umashankar and Mukesh to the forest saying that their abduction was done by Rambabu, Dayaram, Pratap, Sirnam, Baiju, Mahendra, Veera and Hari Jatav and also conveyed to manage money to get them released. Complainant Ballu lodged FIR (Ex.P/1) in Police Station Subhashpura, which was registered at Crime No.25/2005 for the offences punishable under Section 364(A) of IPC read with Section 11/13 of MPDVPK Act. Spot Map was prepared and after completion of investigation, charge sheet was filed against the appellant and other co-accused persons.