RAMVEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeal No. 446/2008 (Ramveer @ Veera Vs. State of MP) and Criminal Appeal No. 612/2008 (Mahendra @ Lalla vs. State of MP), as both the appeals arise out of Sessions Trial No.51/2006.

(2.) Both the aforesaid appeals have been preferred under Section 374 of CrPC, challenging the conviction and sentence dated 8.4.2008 passed by Special Judge (MPDVPK Act) Shivpuri (MP) in Special Sessions Trial No. 51/2006, whereby Ramveer @ Veera (appellant in Cri.Appeal No.446/2008) and Mahendra @ Lalla (appellant in Cri.Appeal No.612/2008) have been convicted under Section 364(A) of IPC and sentenced to life imprisonment with fine of Rs.5000/- each, in default of payment of fine, to undergo additional rigorous imprisonment of three years each. Both the appellants have also been convicted under Section 365 of IPC and sentenced to five years RI with fine of Rs.2000/- each, in default of payment of fine, to undergo additional rigorous imprisonment of one year each. All the sentences were directed to run concurrently.

(3.) The prosecution story in nutshell is that on 15.11.2005 at about 10 am when Railway Engineer Gyanendra Pratap Singh Parmar along with trolley-man Bandilal Yadav and Kripal Singh Bundela were inspecting railway track between the village Padarkheda and Jamunia, suddenly 6-7 armed persons bearing police uniform reached there, abducted Gyanendra Pratap Singh Parmar, Bandilal Yadav and Kripal Singh Bundela and they also confined Bala Prasad Kolhi, Bansilal Ahirwar and Gulabdas. Thereafter, the accused persons released Bala Prasad Kolhi, Bansilal Ahirwar and Gulabdas but took Gyanendra Pratap Singh Parmar, Bandilal Yadav and Kripal Singh Bundela to the forest. The FIR (Ex.P/1) was lodged. After several months, the accused persons released the abductees. After completion of investigation, charge sheet was filed against the appellants/accused persons.