VEERENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeal No. 435/2008 (Veerendra @ Veera @ Ramveer Vs. State of MP) and Criminal Appeal No. 623/2008 (Baiju @ Vijay vs. State of MP), as both the appeals arise out of Sessions Trial No.18/2006.

(2.) Both the aforesaid appeals have been preferred under Section 374 of CrPC, challenging the conviction and sentence dated 3.5.2008 passed by Special Judge (MPDVPK Act) Shivpuri (MP) in Special Sessions Trial No. 18/2006, whereby Veerendra @ Veera @ Ramveer (appellant in Cri.Appeal No.435/2008) and Baiju @ Vijay (appellant in Cri.Appeal No.623/2008) have been convicted under Section 364(A) of IPC read with Section 11/13 of MPDVPK Act, and sentenced to life imprisonment with fine of Rs.10000/- each, in default of payment of fine, to undergo additional rigorous imprisonment of three years each.

(3.) The prosecution story in nutshell is that on 5.2.2005 abductee Mahendra Seth was getting contractual work done at Dadoi Stone Quarry, Ukaila Dam under Police Station Satanwada, District Shivpuri. At about 4.30 pm abductee Mahendra along with his driver and other persons was inspecting the work at the Dam, at that time members of Rambabu-Dayaram Gadariya Gang reached on the spot and threatened abductee Mahendra to throw his rifle. Mahendra threw his rifle thereafter accused persons took his rifle and went to the hill along with Mahendra Seth and other persons. Thereafter, accused persons left other persons except Mahendra Seth, driver Jagdish and Supervisor Jaswant Singh. They took Mahendra Seth, driver Jagdish and Supervisor Jaswant Singh to the forest. The FIR (Ex.P/11) was lodged. Copy of the FIR is Ex. P/8-C. After several months, the accused persons released the abductees. After completion of investigation, charge sheet was filed against the appellants/accused persons.