DEVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the Judgment and Sentence dtd. 2/12/2011 passed by Special Judge (MPDVPK Act), Sheopur in S.T. No. 02 of 2011 by which the Appellants have been convicted for the following offences : <FRM>JUDGEMENT_110_LAWS(MPH)7_2022_1.html</FRM>

(2.) The necessary facts for disposal of the present appeal in short are that on 18/5/2010, the complainant Paramsukh, Munesh, Malkhe and Ashok had gone to forest for grazing their cattle. At about 10-11:00 A.M., they were having their meals near Dho Ka Nala. At that time, two unknown miscreants came there and enquired about their names. Both the miscreants, took out country made pistol. The complainant-Paramsukh was directed to go back to his house and the remaining three persons namely, Munesh, Ashok and Malkhe were taken inside the forest after tying their hands. One miscreant took out the mobile from the pocket of Ashok and made a demand of ransom of Rs.15.00 lacs by making a call in the village and a threat was also given that otherwise, they would be sacrificed in Kaladevi. It is also the case of the prosecution, that the miscreants also instructed the abductees to inform their family members about the payment of ransom. Thereafter, all the three abductees were tied with a tree and were beaten. It is alleged that on the next day at about 9 A.M., the abductees were taken near a river and were made to sit by the side of the river. Thereafter, one miscreant went to have bath and one miscreant went to sleep. At that time, it is alleged that all the abductees ran away and came to Police Station Dhodhar and came to Police Station Agra through Police Station Vijaypur. The complainant Paramsukh had lodged the FIR in Police Station Agra. The appellants were arrested. Test Identification Parade was conducted. Another accused Ghanshyam was also arrested. After completing the investigation, police filed the charge sheet for offence under Ss. 364-A of IPC read with Sec. 11/13 of MPDVPK Act.

(3.) The Trial Court by order dtd. 7/2/2012 framed charges under Ss. 364-A of IPC and under Sec. 11/13 of MPDVPK Act.