DEVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dtd. 02/12/2016 passed by the Court of Special Judge (Dacoity) Sheopur (M.P.) in Special Case No.38/2013 dacoity, whereby the appellant has been convicted under Sec. 364-A of I.P.C. read with Sec. 11/13 of M.P.D.V.P.K. Act and sentenced to undergo Life Imprisonment with a fine of Rs.5,000.00 with default stipulation.

(2.) Prosecution case, in brief, is that on 1/10/2009, complainant Badri (PW-3) had lodged a report at Police Station that today at 4 am, his son Mukesh went to the field from home for starting bore. When he did not return home till 2 pm, they searched him but could not find him. On that report, missing person report was registered at Missing Person No.5/09 at Police Station Haja and matter was investigated. During investigation, on 11/10/2009, missing person Mukesh appeared at the police station and his statement was recorded. Mukesh stated in statement that on 1/10/2009 at 04:00 am, he went to field from home for starting bore and as soon as he entered into the Ghopa made on bore, four persons armed with guns came there and surrounded him and caught hold him and forcefully took him through the Ghoret forest to Kauno forest and kept him hostage and demanding from him three lakh rupees. Today, at 1 o'clock in the afternoon, one of the miscreants on his request took him towards nala to answer the call of nature. On finding opportunity, he ran away from there. The further prosecution case is that the miscreants used to call each other by name. A miscreant used to apply tilak and was of short height and other miscreants used to call him Seva Mukhiya resident of Bhurapura Pachnaya, second miscreant was Kamal Singh Rawat R/o Gota, third miscreant was Siddhar @ Deva Banjara of gram Parvati Badoda, the fourth miscreant was of dark complexion with strong physique and was wearing an earring in his right ear, to whom the other miscreants used to call Pappu. He could not see one miscreant who used to bring flour and other articles for miscreants. After recording the statement of abductee, Shri R.B. Sharma (PW-5) registered the FIR (Exh P-9) at Crime No.113/2009 at Police Station Vijaypur. The matter was investigated. Upon completion of investigation including recording of statements, collection of evidence and necessary formalities, challan was filed. The charges were framed which appellant denied and claimed for trial. The learned Special Court after appreciating the evidence available on record, convicted and sentenced the present appellant, as mentioned above by the impugned judgment.

(3.) Being aggrieved by the impugned judgment of conviction and order of sentence, appellant has preferred the instant appeal.