PURUSHOTTAM Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern the disposal of Cr.A.No.611/1999, Cr.A.No.612/1999 and Cr.A.No.147/1999 as all these appeals have arisen out of common judgment of conviction passed by the trial Court. These appeals under Section 374 of the Code of Criminal Procedure, 1973 (in short "the Code") have been preferred by the appellants being aggrieved from the judgment of conviction dated 12-11-1998 passed by learned First Additional Sessions Judge, Shivpuri in S.T. No.45/1991, whereby appellants have been convicted under Sections 365, 347 and 302 read with Section 120-B of Indian Penal Code (in short "IPC") and sentenced to undergo 7 years' rigorous imprisonment with fine of Rs.2,000/-, 3 years' rigorous imprisonment with fine of Rs.1,000/- and life imprisonment with fine of Rs.5000/- respectively with default stipulation.

(2.) The prosecution story, in brief, is that on 30-11-1990 Santosh S/o Ramprasad Ojha Aged 10 years had gone to ITBP School in the morning at 7 am. He was the student of 4th class. He had not returned to home but his father had received unstamped ('Berang') letter containing that you may take your son Santosh at Morena Station after payment of Rs.6 lakhs as ransom. FIR Ex-P/4 was lodged on the same day at about 3:00 pm. Crime No.180/1990 was registered at police station Karera District Shivpuri. During investigation, it was found that Santosh had been kidnapped for ransom by Gyasi, Purushottam, Gopal, Manoj, Rambabu and Ramcharan and thereafter, murder of Santosh was committed by the above named persons. After completion of investigation, chargesheet was filed.

(3.) During the trial, the charges under Sections 365, 347, 302 read with Section 120-B of IPC were framed. The accused persons pleaded not guilty to the charges and contended that they had been falsely implicated.