DHANSINGH DHEEMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SINCE both the Criminal Appeals i. e. Criminal Appeal No.50 of 2008 and Criminal Appeal No.167 of 2009 are arising out of the same judgment of conviction and order of sentence dated 28th December, 2007, passed by learned Special Judge, Datia (MP) in Special Case No.93 of 2001, therefore, they are being heard together and disposed of by this common judgment. Both appellants Dhansingh Dheemer and Kallu Dheemer have been convicted under Section 364A of IPC read with Section 13 of M.P.Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 [in short 'MPDVPK Act'] and sentenced to suffer life imprisonment with fine of Rs.10,000/ - with default stipulation.

(2.) ACCORDING to the prosecution story, on 06 -01 -2001 at around 7:30 O'clock in the night Shriram along with his son Raghvendra and brother Balram had been sitting in the veranda of his house. At that time, 10 -15 unknown persons armed with guns came there and they had taken Balram, Raghvendra and Shriram along with them near Hanumanji temple. They had freed Balram and Raghvendra and took away Shriram with them. Majboot Singh, father of Shriram, lodged an FIR (Ex.P/1) at the police station in regard to abduction of his son Shriram. Hukum Singh brother of abductee Shriram, had gone to the accused persons with an amount of Rs.1 lac and he had given the aforesaid amount to accused Dhansingh Dheemar. Thereafter, accused persons released abductee Shriram. However, the accused persons further detained Hukum Singh. Then, father of Hukum Singh, again gave an amount of Rs.2 lacs to accused Dhansingh Dheemer and subsequently, Hukum Singh was also released.

(3.) IN order to bring home the charge, the prosecution examined as many as 13 witnesses. The learned trial Court after appreciating and marshalling the evidence, convicted the appellants -accused and awarded the sentence, as stated above.