MOHAN Vs. STATE OF M P

JUDGEMENT

(1.) Eight accused persons namely Mohan sb Ramesh, Ghansyhyam sb Mangilal, Satyanarayan sb Rameshwar, Kailash s/o Rameshwar, Kamal Singh s/o Babu Singh, Gopal s/o Moolchand, Deviprasad s/o Narayan Prasad and Tarachand were tried before the 18th Additional Sessions Judge, Indore in Sessions Trial No. 35/93 and by judgment and order dated 29-8-2002 passed by him in the aforesaid sessions trial, four accused Ghanshyam, Kailash, Gopal and Deviprasad were acquitted and accused Mohan, Satya-narayan, Kamal Singh were convicted under section 365 of Indian Penal Code. Accused Satyanarayan and Kamal were in addition also convicted under section 392 of Indian Penal Code while accused Mohan was also convicted under section 392/34 of Indian Penal Code. Accused Tarachand got absconded during the trial. Feeling aggrieved by the conviction and sentence awarded, accused Mohan has filed present Criminal Appeal No. 1055/02, accused Satyanarayan has filed Criminal Appeal No. 1088/02 and Kamal Singh has filed Criminal Appeal No. 1120/02. Since all the above mentioned appeals arise out of one and the same judgment and order of conviction, therefore, they are being disposed of by this common judgment.

(2.) Briefly stated, prosecutions case is that complainant Rajendranath was residing with his family at 5th floor of Alankar Chambers in Flat No. 501. These chambers are situated at A. B. Road, Indore. On 11-10-1992 at about 15 minutes past 5 0 Clock in the morning while complainant was sleeping in his house, someone rang the bell of his house, therefore, his daughter Jaya (PW-16) called him. When he saw through the glass, unknown persons were present there. Taking that some employees of his factory might have come, he opened the door. As soon as he opened the door, three persons entered inside the house, one person was carrying a revolver and the other two persons were having knives in their hand. All the three persons started altercation with the complainant and then asked him to hand over the key. Meanwhile, Dhiraj (PW-3), the son of the complainant came there. So one of the persons caught Dhiraj and he took him downstairs. Other accused persons asked to hand over them cash amount. Complainant asked his daughter Jaya (PW-16) to give them the cash. The person with knife entered with Jaya (PW-16) into the room where she handed over cash amount available there to him. When they were about to leave, the complainant asked them as to where his son Dhiraj was? They replied to him that he will get Dhiraj back only when he makes arrangement to hand over lakhs of rupees to them. On this, the complainant caught hand of the person carrying the knife who entered into scuffle with the complainant and complainant got injured in the scuffle. Thereafter, complainant raised an alarm. The accused ran away while Kailash Neema (PW-12) and his wife Anita Neema (PW-13) came from their flat. Accused left their shoes, chappals and knife and Rs. 10,000/- cash, which was handed over by Jaya to them.

(3.) Complainant Rajendranath made First Information Report (Ex. P/66) in Sanyogitaganj Police Station. Station House Officer of Sanyogitaganj Police Station, Jitendra Singh Rathore (PW24) started investigation and prepared spot map (Ex. P/45) and seized the articles from the spot. Accused persons were apprehended and money received by them as their share in the ransom amount was recovered at their instance from their possession. After necessary investigation, charge sheet was filed against eight accused persons namely Mohan, Ghanshyam, Kailash, Kamal Singh, Gopal, Deviprasad and Tarachand. Charges under sections 365, 395, 392/34 of Indian Penal Code were framed against the accused persons.