OMI @ OM PRAKASH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has filed this appeal under Section 374(2) of Cr.P.C. against the judgment dated 14/03/2011 passed in Special Sessions Trial No.80/2010 by learned Special Judge, M.P.D.V.P.K. Act, Dabra, district Gwalior, M.P. whereby appellant has been convicted for the offence punishable under Section 365/34 of IPC and Section 11 of Madhya Pradesh Dacoity Vyapharan Prabhavit Kshetra Adhiniyam (in short "M.P.D.V.P.K.Act ) and sentenced to undergo R.I. for 7 years each and fine of Rs.1000.00 for each offence with default stipulation.

(2.) THE brief facts of the case are that on 18.08.2006 at about 4.30 A.M., brother of complainant Brijesh Tripati with two other persons went for morning walk. After some time Rajendra Kadera who has also gone for morning walk with complainant came back and told that four unknown persons having fire arms and axe have kidnapped Mukesh Tripati and Pali @ Balkishan Chaurasiya and Rajendra Kadera. They have tied Rajendra Kadera. After sometime he managed to escape and report the matter to the complainant and told that Mukesh and Pali @ Balkishan Chaurasiya have been taken towards the hill side. On 4.10.2006, Mukesh appeared at the Police Station Billowa and told that a gang of Nandu Kadera has abducted him and mentioning the name of appellant among the kidnappers who was armed with axe.

(3.) AGGRIEVED by the impugned judgment, the appellant has filed this appeal on the ground that learned trial Court has failed to appreciate the evidence regarding identity of the appellant and further it has failed to consider the fact that witnesses have not supported the victim of seizure at the instance of the appellant.