BAIJU 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 29.2.2008 passed by Special Judge (MPDVPK Act) Shivpuri (MP) in Special Sessions Trial No. 24/2004, whereby appellant Baiju @ Vijay has been convicted under Section 364(A) of IPC read with Section 11/13 of MPDVPK Act, and sentenced to rigorous life imprisonment with fine of Rs.10000/-, in default of payment of fine, to undergo additional rigorous imprisonment of three years.

(2.) The prosecution story in nutshell is that on 9.12.2003 at about 7-8 pm, complainant of this case Bhawani Singh along with other persons was returning from Magroni by tractor to his village after selling rice. When they reached Imaliya-Devri route near the field of Dabbu, suddenly six armed dacoits reached there and stopped them on the route. The dacoits took them to the field of Dabbu. After two hours, they took Narendra Rawat, Gajendra Rawat, Devendra Rawat, Gopal Rawat, Durga Rawat, Chandra Singh, Ramniwas and Bhanwar Singh to inside the forest and released remaining persons. On account of that, Bhawani Singh lodged the FIR in Police Station Narwar, which was registered at Crime No. 250/03 for the offences punishable under Section 364A of IPC read with Section 11/13 of MPDVPK Act. After registration of FIRs (Ex.P/11 & P/13), investigation was done, wherein statements of witnesses, namely, Bhura S/o Kammod Singh, Chandrabhan Singh S/o Ramswaroop Rawat, Narendra S/o Bhawani Singh Rawat, Gopal @ Gudda S/o Kalyan Singh, Kuber Singh S/o Arjun Singh, Ramesh S/o Ramcharan, Bhanwar Singh S/o Kalyan Singh, Harkishun S/o Pahalwan Singh, were recorded under Section 161 of CrPC. Crime Details Form (Ex.P/14) was prepared. Abducted persons were recovered vide Ex.P/15 and were handed over on Supurdnama (Ex.P/16). The alleged letter written by accused persons is Ex.P/17 and its concerning seizure memo is Ex.P/18. Accused persons were arrested. After completion of investigation, charge sheet was filed against the appellant.

(3.) Appellant Baiju @ Vijay was charged for the offences punishable under Section 364(A) of IPC read with Section 11/13 of MPDVPK Act. Appellant abjured his guilt. After marshalling the evidence available on record, the trial Court has convicted and sentenced the appellant as under :-