RAMSARAN Vs. STATE OF M.P

JUDGEMENT

(1.) THE aforesaid three appeals arise out of the impugned judgment and order of conviction and sentence dated 21 st September 2004 rendered in Sessions Trial No. 348/2000 by the Sixth Additional Sessions Judge (Fast Track), Bhind (M.P.) where under present appellants/accused have been held guilty for kidnapping Geetaram Bohare, Vijaykumar Bohare, Rambabu Bohare, and Haridat Bohare, which is an offence punishable under Section 364 -A of I.P.C. and sentencing each one of them to suffer imprisonment for life.

(2.) SINCE the judgment and order challenged in these criminal appeals is one, they are herewith taken up together for hearing and decided by this one common judgment.

(3.) THE facts, in short, just for deciding the case are that on 29 th October 1999 at about 8.00 p.m., in night Geetaram, Vijayram, Rambabu, Haridat, Shivkumar Raisingh and Jandel Singh were going towards Bazaria for selling milk on their cycles. When they reached near culvert of canal of Aroli, they found there eight miscreants having armed with guns. The miscreants by putting guns on their chest asked their names and castes one by one. Thereafter, they released three persons Jandel Singh, Raisingh and Shivkumar on the spot while compelled rest four of the persons, namely Geetaram, Vijaykumar, Rambabu and Haridat to accompany them to forest. After realisation of the ransom amount from Gajadhar, Goverdhan and Shyambabu, the dacoits (accused -appellants) released the abductees Geetaram, Vijaykumar, Rambabu and Haridat, after lapse of considerable period. On 29 th October 1999 at about 10 p.m., in night, Jardan Singh (PW -5), the abductee but released on the spot informed the incident to SHO of the Police Station Ater and on his report, Dehati Nalish (Ex.P/1) was written against gang of Punjab Singh dacoit. The investigation was set in motion. After release of the abductees, their case diary statements were recorded. The statements of material witnesses including the witnesses who delivered the ransom amount to gang of dacoits were recorded. After investigation, charge sheet against arrested accused, namely, Pappu alias Ram Singh, Pappu alias Narendra Singh and Dev Sigh was filed. Rest of the accused, i.e., Punjab Singh @ Punjab, Ram Sharan, Pramod Singh, Amar Singh, Virendera Singh, Naresh Singh and Lachchi Singh were declared absconded. After arrest of Pramod Singh, Ram Sharan Singh, Punjab Singh and Naresh Singh, supplementary charge sheet was filed before the criminal court having jurisdiction. On committal, the subsequent sessions trial against the present accused/appellants commenced. After recording evidence, the learned trial Judge recorded conviction and sentence against the appellants, hence, this appeal.