MEGH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 13.12.2004 passed by the learned Special Judge, Datia in Special Case No.68/2001 convicting appellant under Section 364-A of IPC read with Section 13 of M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 and thereby sentencing him to suffer life imprisonment and fine Rs.5000/-, in default, further S.I. of three months, the appellant has knocked the doors of this Court by preferring this appeal under Section 374 (2) of Code of Criminal Procedure, 1973.

(2.) IN brief, the case of prosecution is that on 8.10.2000 at around 8:00 in the morning Virendra Kumar S/o Suresh Kumar Dubey had gone from his house to the field, he did not return back up to 12'0 clock, thereafter -his father tried to search him out, but he did not found him then he came to know the fact that Hazrat Rawat, Megh Singh and Virendra Rawat abducted his son namely Virendra Singh. A report was lodged about this incident at Police Station Badoni, District Datia by the uncle of the abductee namely Sudama Prasad Dubey vide Ex.P.2 at around 13:45 (1:45 in the afternoon).

(3.) AFTER the investigation was over, a charge-sheet was submitted in the committal Court against five persons and at that time Hazrat Rawat and Virendra were absconding.